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michigan cottage food law

Michigan State University Extension programs and materials are open to all without regard to race, color, national origin, gender, gender identity, religion, age, height, weight, disability, political beliefs, sexual orientation, marital status, family status or veteran status. Water from wells with any of the following features should be avoided: A list of water testing laboratories and information about water well construction is available online. Food products made with cooked vegetable products do not qualify under the Cottage Food Law. Your kitchen would need to be proven to be free of gluten prior to and after each use. Michigan's Cottage Food Law, PA 113 of 2010 exempts a "cottage food operation" from the licensing and inspection provisions of the Michigan Food Law. No. Yes. Topics include preparing, packaging, labeling, storing, and transporting cottage foods. Thus, under 21 CFR 114.3(b), jams, jellies, and preserves are excluded from the coverage of 21 CFR part 114. An excellent resource on how to start a pet food business. Click to subscribe. No. I deliver and set up the fountain, and provide chocolate dipping sauce and items to dip (cut up fruit, pretzels, etc.) 58%. You cannot sell your Cottage Foods over the Internet, by mail order, or to wholesalers, brokers, or other food distributors who will resell the Cottage Foods. Here is a link to the Federal Rule. The Cottage Food exemption only exempts you from the requirements of licensing and routine inspection by the Michigan Department of Agriculture & Rural Development. Because this is a human health concern, many licensed food processors use entirely separate facilities to process their gluten-free products, to reduce their liability and assure the products are gluten-free. A guidance document for small businesses to help them comply is available at https://www.fda.gov/media/88857/download. Only non-potentially hazardous foods that do not require time and temperature control for safety can be produced in a home kitchen. Forms and Operational Guides ; Food Code Changes, Information and Fact Sheets ; Manager Certification ; Michigan's Dairy Laws ; Michigan Food … In the summer of 2010, Michigan passed the Cottage Foods Law. Honey and maple syrup are not considered cottage foods, because the regulatory requirements and exemptions have some significant differences. Proper labeling is also important, especially for people who may be allergic to certain ingredients. Click here for a copy of the Michigan Food Law, Michigan Department of Licensing and Regulatory Affairs, water testing laboratories and information about water well construction, http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?fr=114.3, View information about becoming a certified wild mushroom expert, Michigan Maple Syrup and Honey Licensing Exemptions, Guidelines for Providing Safe Food Samples at Farmers Markets, Click here to get started on your way to becoming a licensed food processor, Contains moisture (water activity greater than 0.85), Is neutral to slightly acidic (pH between 4.6 and 7.5), Cooked plant-based foods (for example: cooked rice, beans, vegetables, or mushrooms), Certain synthetic ingredients (such as artificial flavoring), Located in close proximity to septic system. Can I sell my Michigan Cottage Food product in another state? Some examples include: fruit jams/jellies, breads and similar baked goods, cookies and cakes, vinegars and other non-potentially hazardous foods. They can't be stored at room temperature, which makes them ineligible for production in an unlicensed kitchen under the Cottage Food Law. All food sales are subject to all other regulatory requirements. Box 30017, Lansing, Michigan 48909 FOOD LAW (Act 92 of 2000, as amended) Contact your local unit of government to determine if there are local regulations that will affect your business. Topics include preparing, packaging, labeling, storing, and transporting … Yes. 57%. Cottage Food businesses, although exempt from food licensing requirements, must meet all other provisions of law regarding businesses, including tax law. No. The regulation in 21 CFR 114.3(b) establishes two criteria that must be satisfied to qualify for this exclusion: (1) the amount of low-acid food(s) in the product must be a “small amount,” and (2) the finished equilibrium pH must not differ significantly from that of the predominant acid or acid food. Key Changes to the Michigan Food Law – 2012: A reference sheet created by the Michigan Department of Agriculture highlighting the … B. Acidified Foods The baked goods may not be decorated or garnished with fresh or frozen fruits or vegetables. Are pet treats included under the new Cottage Food Law? In order to make and sell pet treats, you will need to have a feed license. Even if the rented kitchen is a licensed facility, you would need a food establishment license to sell your products. Are pet treats included under the Cottage Food Law? Under the Food Law, confections that contain alcohol are considered "adulterated" and cannot be sold in Michigan. MSU is an affirmative-action, equal-opportunity employer, committed to achieving excellence through a diverse workforce and inclusive culture that encourages all people to reach their full potential. Under 21 CFR 114.3(b), acid foods that contain small amounts of low-acid food(s) and have a resultant finished equilibrium pH that does not significantly differ from that of the predominant acid or acid food are excluded from the coverage of part 114 (21 CFR 114.3(b)). The Cottage Food Law applies only to foods made in the kitchen of your primary residence. Shipping of your products or having someone else deliver your products is also NOT allowed. Questions? Read the Michigan Food Law and Food Code to understand food safety, labeling, adulteration and other provisions of the law. Potentially hazardous foods that require time and/or temperature control for safety are NOT ALLOWED to be produced in a home kitchen and must be produced in a licensed kitchen. Is there a limit to how much I can sell as a Cottage Food producer? This information is for educational purposes only. Where can I store ingredients and finished products for my Cottage Food business? Yes. Can nonprofit organizations produce and sell Cottage Foods? Can I bake bread in a wood fired oven under the Cottage Food Law? It is the combination of acid, sugar, pectin, and heat that assures the safety of jams/jellies. Can I donate my Cottage Food products to a public auction or other give-away venue (e.g., for silent auction baskets, such as a fundraiser or to a soup kitchen)? Can I produce and sell pickled or acidified foods? In this example, the statement 'whole wheat flour', meets the requirements of federal law. If you have a question or concern about food you or your family has purchased or eaten, you can use the toll-free number or email address above, or file a food safety complaint online using the MDARD Online Complaint Form . They do, however, have their own set of licensing exemptions under the law. Cottage Food products must be prepackaged and properly labeled prior to sale. 48%. Products made from non-potable water are considered unsafe. Venues. Can I freeze homegrown produce and use it for making baked goods, like sweet breads, at a later date? Yes. No. Yes. For example, bread, muffins, cookies, and granola. Under the Michigan Food Code, cooked vegetables must be held either hot (above 135°F) or cold (below 41°F). Organic Animal Feed ; The Business of Pet Food . Mississippi. Cottage Food products cannot be sold on consignment. You may take orders over the phone or Internet, as long as the sales transaction and delivery of the product is face to face. You are limited in the amount of money you can make selling Cottage Foods, which is $25,000 in gross sales annually per household. A PHF/TCS is a food that: Please refer to the 2009 Michigan Modified Food Code for pH and water activity tables. Find the most up-to-date information about the cottage food laws in every state. A DBA (Doing Business As) may be a requirement of your county or local municipality. The Michigan Cottage Food Law took effect in July 2010. Cakes, including celebration cakes (birthday, anniversary, wedding), Quick breads and muffins (e.g., pumpkin or zucchini bread, blueberry muffins), Cooked fruit pies, including pie crusts made with butter, lard, or shortening, Fruit jams and jellies (as defined in 21 CFR part 150) in glass jars that can be stored at room temperature (except vegetable and other non-fruit based jams/jellies), Confections and candies (made without alcohol). Are there any special requirements for tree nuts labeling for allergens? The Michigan Department of Agriculture & Rural Development has resources and tools to help food entrepreneurs establish and grow their businesses in Michigan. Do I need to complete an application or any other paperwork with MDARD when I start my Cottage Food business? If you use a prepared item in your recipe, you must list the sub ingredients as well. Since Cottage Food businesses are unlicensed and uninspected, it is necessary to limit food products allowed under the law to those that are considered low risk, or non-potentially hazardous. Generally, jams, jellies, baked goods, vinegars and other non-potentially hazardous foods can be made at home and sold directly to consumers. Do I have to include my home address on my product labeling or is a post office box sufficient? Cultivated mushrooms are treated as a produce item and are regulated as are other Raw Agricultural Commodities. You can use your website to advertise your products or market your business, but cannot sell products via your website. Reference to commercial products or trade names does not imply endorsement by MSU Extension or bias against those not mentioned. They do, however, have their own set of licensing exemptions under the law. The 4-H Name and Emblem have special protections from Congress, protected by code 18 USC 707. If a well is used, the well water should be tested, at least annually, for coliform bacteria and partial chemistry. The food can only be prepared in the kitchen of the person’s primary residence. Check out this page for additional details to help you get started. Many food entrepreneurs have products or plans for their food businesses that require them to become a licensed food processor. Cottage food producers can help reduce the risk of foodborne illness even further by following safe food handling and storage practices and maintaining good hygiene in their home kitchens. Michigan Cottage Food Law. Not all food products can be sold as Cottage Foods. The type of business you have described is a catering service or food service business and is not eligible to operate under the Cottage Food Law. Food safety guidelines for food establishments including fact sheets about glove use, thermometer calibration, egg safety, and changes in the Michigan Food Law. No. Cottage foods may only be sold by the producer directly to the consumer at farmers' markets, farm stands, roadside stands, and similar venues. See Section III.H of this guidance for recommendations on how to determine whether a food containing both acid food(s) and low-acid food(s) is covered under 21 CFR part 114. The farmers market where I want to sell my products says I need a food license, even though I am a Cottage Food business. Under the Cottage Food Law, it is not legal for a producer to sell to a wholesaler, broker, or distributor who would then resell the product. You may not use a garage, shed, barn, or other outbuilding as a storage facility for your Cottage Food business. Your product cannot be cooked or prepared in a way that makes it a potentially hazardous food/temperature control for safety food (for example: you can't add sour cream to a dried dip mix or serve anything that can't be kept safely at room temperature - these examples would require a food license). Others may reach the $25,000 threshold for gross annual sales allowed under the Cottage Food Law and need to become licensed to allow for continued growth and success. Manufacturers of cooked vegetable products like salsas and tomato sauces, must meet significant federal and state training and licensing requirements. Other labeling requirements such as name, address, and ingredients may also need to be included on your product. Do I need to have a DBA for the Cottage Food law? Will I need to meet local zoning or other laws? (4) Cottage food products may be sold directly from the cottage food operation to the consumer only, and not by internet or mail order. Examples include: If you have questions about a specific product not listed here or in the "Cottage Foods: Frequently Asked Questions, Section 2 - Product/Production Related Questions", please contact the Michigan Department of Agriculture & Rural Development at 800-292-3939 or MDA-Info@Michigan.gov. This law gives small-scale entrepreneurs the opportunity to make and market specific foods from their home kitchens. What is a 'single family domestic residence'? Meats are a Potentially Hazardous Food/Temperature Controlled for Safety (PHF/TCS) food and are not allowed under the Cottage Food Law exemptions. After December 31, 2017, the gross sales of cottage food products by a cottage food operation shall not exceed $25,000.00 annually. No. those that clean, grade or break eggs) be licensed by MDARD. Do I need to collect and report sales tax for my Cottage Food business? Under this law, people can make and sell specific foods in their own home without being subject to inspections or purchasing a food license, in an effort to earn extra income. Join the Cottage Food Mailing List! Yes, as long as they are labeled correctly and completely, and the label includes any allergens the product may contain. Additionally, with lower sugar and pectin levels, spoilage organisms are more likely to survive the cooking process, which would allow for a micro-environment to develop and allow for the growth of Clostridium botulinum. The Michigan Cottage Food Law took effect in July 2010. Go to the Michigan State University’s Online Course System (known as Desire2Learn or D2L): https://d2l.msu.edu/. The Cottage Food Law applies only to businesses where the home kitchen (primary domestic residence) is physically located in Michigan. Cottage Food Law Michigan’s cottage food laws are somewhat limited, but many people use them and they are still one of the most active cottage food states. Click on the Login button. It allows $25,000 per year per household in total sales before expenses. There are many conditions that have to be met in order for food to be considered a cottage food: For example: soy sauce is not acceptable, soy sauce (wheat, soybeans, salt) would be acceptable, please see the label below for further examples. Operating a business under the Cottage Food Law is not for everyone. The sections of the Michigan Food Law where you can find the definitions, exemptions and requirements for Cottage Food are: Does my equipment, stove and/or refrigerator need to be NSF (a food equipment evaluation group) approved? “Acidified foods” are low-acid foods to which acid(s) or acid food(s) are added; they have a water activity greater than 0.85 and have a finished equilibrium pH of 4.6 or below (21 CFR 114.3(b)). Michigan State University Extension offers an online Cottage Food Law Food Safety Training program to educate those wishing to prepare and sell foods under the Cottage Food Law. You are not required to have your product analyzed by a laboratory to obtain an official ingredient list. Include an allergen statement ("Contains:") after the ingredient list. For example, if you made Nut Bread, an acceptable ingredient list would be: Ingredients: wheat flour, water, almonds, salt, yeast. The training program, funded by a Food Safety Education Fund grant from the Michigan Department of Agriculture & Rural Development, covers safe food production, packaging and labeling, storing and transportation. 35%. Here are some of the basic differences and similarities between honey and maple syrup regulations and those for cottage foods: Although the Cottage Food Law is a great opportunity for food entrepreneurs in Michigan to "test the waters" as a food business, there are some limitations to what can and can't be done under the law. See Michigan Food Law - 289.1105 for more information. Peanut butter made from ground peanuts or other similar nut butters are allowable under the Cottage Food Law. Selling directly to consumers under the Cottage Food Law provides an opportunity for new, small scale food processors to "test the waters" and see if operating a food business is the right fit for them. Overall. This includes your kitchen, a spare room or a basement that is free of dampness/water, pests, or other insanitary conditions. This video was originally a Facebook Live Event that was recorded on May 26, 2017 and features April Hunt and Tracey Keltner. So, a house, an apartment, condominium or a rental home all could be a single family domestic residence. Smaller cakes must be boxed and the label must be included on the box. MDARD will investigate any complaint allegations it receives that may be generated by the sale (e.g., foodborne illness, allergic reactions, etc.). Yes, as long as that oven is in your home kitchen. Because the kitchen is unlicensed and not inspected, the safe food handling practices are not evaluated by any food safety official. You are required to follow the same cleaning procedures as with all of your food use equipment. Once you have registered, follow the instructions below to login – you will use the same login credentials that you set during registration (your NetID is your email address used during registration and use the same password set during registration). In general, sales tax is not charged on prepackaged foods that are not for immediate consumption. You are required to list all of your ingredients. Can the market require a license? Am I required to send my products to a laboratory to obtain an official ingredient list, or is it something I can put together on my own? An excellent resource on how to start a pet food business. However, you cannot mix the dried soup or dip mixes with water or sour cream or another Potentially Hazardous Food/Temperature Controlled for Safety (PHF/TCS) food and sell the mixture or serve samples. If you have a question or concern about the Michigan Cottage Food Law not covered in this information, please contact the Michigan Department of Agriculture & Rural Development at MDA-Info@Michigan.gov. Are there any concerns related to my home on-site wastewater (septic) system? Yes. Can I offer returnable glassware or serving dishes with my wedding cakes, birthday cakes, or other specialty cakes? No, the Cottage Food Law applies to human grade food only. The Michigan Cottage Food Law was signed into effect in 2010. Select non-potentially hazardous foods (time and/or temperature controls not required to assure food safety - meaning foods can safely be kept at room temperature and do not require refrigeration) meet the requirements for cottage foods and can be prepared in a home kitchen and sold directly to consumers without a license. Yes, you are required to individually label your Cottage Foods prior to sale. Yes. Each state has their own variations for what is … Why can't I sell my Cottage Foods to my favorite restaurant or grocery store? For wedding cakes, birthday cakes, and other specialty cakes that are not easily packaged, you must include all labeling requirements on the invoice and deliver the invoice with the cake. 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