David Crabill
@david
active 2 days, 4 hours agoForum Replies Created
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I can’t remember… do they ask for a NAICS code?
If so, then it depends on your business, but most cottage foods businesses would use either code 445291 (Baked Goods Stores) or 445292 (Confectionary and Nut Stores).
Here’s the link: https://www.naics.com/naics-code-description/?code=4452
There’s still no information on the ag dept’s webpage that says you can or can’t sell homemade extracts. I’d recommend reaching out to them and they will likely have an answer: https://agr.georgia.gov/cottage-foods.aspx
Hi Jonathan, I don’t typically recommend getting an LLC unless you are hiring employees that you don’t know well. You will likely need to get FLIP insurance to sell at events and fairs, and that is the lowest cost insurance option I’m aware of.
Yes they should be allowed. You just want to make sure they are thoroughly baked and don’t have too much moisture that could cause spoilage. If your product is fine to leave at room temperature for 24 hours, then it’s a nonperishable food. Perishable foods should be refrigerated within 2 hours.
Yes it can. However, it’s usually very complex and expensive to do this. Only recommended if you already have a very successful business.
From my reading of their guide, I’d say that it’s unlikely that extracts are allowed. There are definitely restrictions on selling most anything that is flavored with alcohol (except candy which can contain 5% or less). However, they don’t clearly state that an extract is prohibited. My guess is that to sell an extract, you’d need a separate license for selling a product that contains a high percentage of alcohol. Here is the full food list: https://www.healthy.arkansas.gov/images/uploads/pdf/Homemade_Food_Guide_FINAL.pdf
I haven’t seen anything that clearly states that you can’t sell these things from home (although it is pretty clear that you couldn’t sell cut fruit that is covered in chocolate or caramel). Ultimately, it might be up to your local health dept official to decide, based on their interpretation of the law. Marcia, could you let us know where you’re seeing that chocolate-covered strawberries are not allowed?
That’s awesome! An amazing opportunity for sure. Unfortunately you won’t be able to use your home kitchen to produce the cupcakes. But you’re in the fortunate position of having a commercial kitchen at your disposal! Come to an agreement with the restaurant owner, perhaps using the kitchen in off hours. You will need to get a permit from the health dept, but it’s a no brainer to go through that fairly extensive process when you have guaranteed sales!
Assuming your pudding has dairy and/or eggs in it, no, it would not be allowed under IL’s cottage food law. You’d need to produce it in a commercial kitchen. See the notes below the allowed foods list: https://forrager.com/law/illinois/#food
I’m not familiar enough with the standard of definition for jams and jellies to verify whether your product would be allowed, but if you’d like to dig through the legalese to determine whether your product would be allowed, here it is: https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?CFRPart=150
