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Timothy

  • You are definitely responsible for self-employment tax, and I’m not sure what you’re referring to with “incr take”.

  • David replied to the topic Juices? in the forum California 10 years, 10 months ago

    Homemade juices are not covered under CA’s law, and therefore, there is currently no way to legally sell homemade juices.

    However, CA is in the process of reviewing submissions for adding foods to the allowed list. You can submit a request using the links below until January 31st. Keep in mind that the health dept will only approve items that…[Read more]

  • I could explain what non-PHF means, but that is only applicable to baked goods or confections. Basically, none of the items you’re describing, like jams or sauces, are allowed in Arizona under the cottage food law. That means that to legally sell your products, they would need to be produced in a commercial kitchen.

  • Thanks for posting this Cristina… I really hope you can help improve things. Let me know if I can help in any way… for instance, I can provide examples of how other states have added a line to their law to prevent counties from disallowing CFOs.

  • David replied to the topic Food stand/Farm stand in the forum Texas 10 years, 10 months ago

    Edward, thanks for bringing this up, as this is something that the site wasn’t really clear about. The law only allows “farm stands”, so yours would need to be on a farm. I have updated Texas’ page to make this more clear.

  • David replied to the topic Pies in the forum Florida 10 years, 10 months ago

    No, you can’t use vegetables or cheeses in any of your products.

  • No, these items are not allowed. There are only a few states that allow extracts.

  • David replied to the topic HB 617 in the forum Missouri 10 years, 11 months ago

    Yeah, it is frustrating, but you really can’t move forward without talking to them. You might need to stop by in-person.

  • If they don’t know, then don’t worry about the sales tax. You should be exempt anyway.

    You should be able to make baklava, but since it’s not explicitly listed on the allowed foods list, you should check with the health dept first.

  • David replied to the topic Mustard in the forum Ohio 10 years, 11 months ago

    Debbie, Ohio is usually pretty flexible with what they allow, but it doesn’t look like they currently allow mustard through their cottage food law. Sorry!

  • David replied to the topic Arkansas law in the forum Arkansas 10 years, 11 months ago

    You can have a cottage food business, but you can’t deliver. People will need to pick the items up from your home.

  • David replied to the topic Baked good deco in the forum Arizona 10 years, 11 months ago

    Arizona is pretty lenient… you will be fine with this kind of item.

    You don’t need a nutrition label on your products unless you make a health claim, like “low-fat”. Just apply for an exemption.

    The FDA’s info confuses me too, but I know you don’t have to register with them (aside from that exemption). Sorry, I really have no idea if info…[Read more]

    • Thank you David !
      Is it even possible to register a home based business as a FDA food facility? I am concerned if a consumer sees a ‘made in a private home’, it may discourage them from buying a product. Can a label be worded ‘made in a cottage food facility’ ? and still be legal?

    • I found this link that may help if anyone has questions on FDA food preservative regulations.
      It is .1 percent of the finished product for most common preservatives and or combination of two or more.
      I am so glad I stumbled on this site. Cottage Food laws will make it so much easier to get started!

    • Michelle, can you repost your question in the forum for all to see? This here is my activity feed, and others won’t be able to follow the conversation.

  • David replied to the topic Raw Honey in the forum Florida 10 years, 11 months ago

    Yes, all the rules that are on Florida’s page. Also contact your planning division to make sure your region doesn’t have any other requirements. And Miami-Dade county is currently not allowing cottage food operations, in case you live there.

  • David replied to the topic Sales Tax in the forum Florida 10 years, 11 months ago

    April, I just want to further clarify my response. I still think that you are exempt from all taxes, but since I wrote this answer, I have learned that in some states, only state taxes are exempt, and local (city and/or county) taxes still apply to cottage food sales. To be sure for your region, you should contact your County Tax Collector or…[Read more]

  • For sales taxes, it doesn’t seem to be consistent from state-to-state, so I’m not sure. In Colorado, I would start by asking the Taxation Division in the Department of Revenue. For yearly taxes, you’d contact the IRS, as you probably know.

  • David replied to the topic Raw Honey in the forum Florida 10 years, 11 months ago

    Yes, in Florida it can.

  • I agree that it could be more clear, and part of the reason that it currently isn’t clear is that there are no rules or requirements for getting started. What you see on that page is all the rules there are… no health dept license or inspection needed. One thing you should do, however, is call up your planning division and ask if there are any…[Read more]

  • Joan, baking for friends and family becomes a business when you start selling your homemade food items to them, or doing monetary transactions for your goods elsewhere. There is no technical definition of a cottage food business, but basically, it’s a for-profit business that sells homemade food products.

    If the health dept finds that you are…[Read more]

  • David replied to the topic Flour in the forum Iowa 10 years, 11 months ago

    Flour is most definitely non-potentially hazardous! (I’m surprised the ag dept doesn’t know that)

    What are you using to mill the flour? Are you doing it in your home kitchen, or with some specialized equipment in a different building? It appears that the cottage food law may apply to you, but you might have special circumstances that prevent you…[Read more]

  • David replied to the topic HB 617 in the forum Missouri 10 years, 11 months ago

    So sorry for the confusion. “Enacted” means that Missouri does have cottage food laws, but oddly, each county implements them differently. HB 617 was introduced as a way to create a universal cottage food law for the state, and that hasn’t been enacted yet.

    But you should talk to your county’s health dept and see if they currently allow you to…[Read more]

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