Katie

I think you’re exempt from the state tax, but you might have county or city sales taxes that you need to collect. Here’s some more info: http://forrager.com/faq/#sales-tax

Eli, jams and jellies sold under the cottage food law need to adhere to CFR 21 — this requirement is listed in the law itself and cannot be overridden by a health dept. So the short answer is no, what you are doing is not legal. You need to use a commercial kitchen to produce low-sugar jams. http://forrager.com/faq/#commercial

Paul, I know that some people roast coffee beans in their oven, but I don’t know how most people do it. It is possible to have your kitchen extend to other parts of the home (that aren’t sleeping areas), but I don’t know if a garage would be allowed. Assuming you’re in CA, you should talk with your environmental health dept about what they will allow.

No, cooked potatoes and cheese would not be allowed in cottage food items. You’ll need to use a commercial kitchen. http://forrager.com/faq/#commercial

Christian, if you are a Class B CFO, then you can sell to commercial businesses, and it is my understanding that they can sell your product by the same means that they sell their own. So assuming that the farmers market vendor is a commercial food business (and not simply a farmer that sells produce), then I would think that they could resell your…[Read more]

Michelle, I’m not surprised that they wouldn’t allow canal water. Usually private water allowances are in regards to underground wells that are not in proximity to animals, waste, etc. Private wells are allowed after they have been tested. Perhaps you could offer to have your water tested, though they might still not allow it because there are too…[Read more]

From what I have heard, it would be legal for a commercial food business to ship a product after they have purchased it from you.

There are some counties that will not approve anything that isn’t explicitly on the approved list, and it sounds like you’re in one of those counties. In that case, you either need to adapt your products or go the commercial route.

MUCH MORE IMPORTANTLY, I would never recommend spending hundreds of dollars to get unvetted recipes approved. I can…[Read more]

I’m not entirely sure why they haven’t yet approved chocolate-covered strawberries, but it may have something to do with their shelf life. It also may be because chocolate-covered fresh fruit typically falls under catering. You can sell whole, uncut strawberries without a license. http://forrager.com/faq/#commercial

Regarding the sales limit question from the original post, it’s not specifically “enforced”… it’s more of an honor roll thing. But it’s good to think of the cottage food law as an umbrella. If you stay within the rules and the law, you are under the umbrella and protected to a certain degree. If you don’t follow the rules and someone sues you,…[Read more]