New Jersey farms may be interested in adding Cottage Food products to their product line at their farm stands and markets. The Cottage Food Law is very specific about the types of products it covers, the total sales value of the Cottage Food products, and the production location of these products. Municipalities must be consulted prior to a permit application submittal, and we know of some instances where local ordinances and zoning have prohibited Cottage Food activities. Answers to some common questions are below.
What type of business can operate under the NJ Cottage Food Law?
Businesses who choose to produce products allowed under the law (see below), using a home kitchen, and who sell less than $50,000 of cottage food law covered products must comply with the provisions of the Cottage Food Law. The law allows production of the products listed below only in home kitchens. No other facilities may be used for the production of these Cottage Food items.
What are the food items covered by the NJ Cottage Food Law?
Baked goods that do not require refrigeration.
Candies
Chocolate covered nuts and fruits
Dried fruit
Dried herbs and seasonings, and mixes
Dried pasta
Dry baking mix
Fruit jams, fruit jellies, and fruit preserves
Fruit pies, fruit empanadas, fruit tamales (not pumpkin)
Fudge
Granola, cereal, and trail mix
Sweet sorghum syrup
Nuts and nut mixtures
Nut butters
Popcorn and caramel corn
Roasted coffee and dried tea
Vinegar and mustard
Waffle cones and pizzelles
Upon written application to the Health and Food Protection Program, other non-time temperature control for safety foods may be allowed.
What types of sales does the NJ Cottage Food Law allow?
The Cottage Food Law allows for production of certain items in home kitchens that may be sold direct to the consumer of the products. These sales can take place at the home of the operator, at the home of the consumer, at a farmers market or farm stand, or at temporary retail food establishments. Wholesale sales, sales to a retail establishment, or via US mail or other common carrier are all prohibited.
Is a Cottage Food Operator required to have training?
Yes, prior to receiving a Cottage Food permit, the operator must complete New Jersey accredited Food Protection Manager training. This certificate training is offered by several organizations in New Jersey in-person and online. Additional information is available on the New Jersey Department of Health Cottage Food Law website.
Do I need to have my water tested?
Yes, you will need to provide microbiological analysis of the water used for your cottage food products. If you have municipal water you will need to provide a copy of your city water bill with your permit application. If you have well water you will need to have the water tested with a full drinking water test by a Certified Drinking Water Lab. NJDEP maintains a listing of these labs online.
What type of facility and sanitation requirements must I comply with?
A home kitchen must be the kitchen in the home you reside in.
Sleeping quarters are separate from food production and storage areas.
Handwashing facilities are easily accessed and have warm running water, soap, and clean paper towels.
Kitchen tools and utensils used are clean and in good repair.
Food contact surfaces are cleaned and sanitized prior to use.
The premises are free of rodents and insects.
Food workers wash their hands prior to working with food and after any activity that may contaminate their hands such as eating, using the restroom, smoking, or touching animals.
Food workers do not touch ready to eat foods with their bare hands. Single-use gloves, tongs, or other means are used.
If used, single-use gloves are changed or replaced as often as handwashing is necessary.
Domestic activities (e.g. cleaning, sweeping, vacuuming, etc.) do not take place in the kitchen during Cottage Food preparation.
Infants, children, and pets are excluded from the kitchen during Cottage Food preparation.
Potable drinking water is used for handwashing, warewashing, and Cottage Food preparation.
Smoking is prohibited during Cottage Food preparation.
Ill food workers are excluded from Cottage Food preparation.
Does the New Jersey Department of Health conduct inspections of Cottage Food operations?
No, the permitting process does not include an inspection of the home kitchen by the NJDOH. The law does allow for local health departments right of access to the premises to examine and survey materials, equipment, books, and records. Additionally, all local health laws must be followed by the operation. You must attest on the permit application that you have checked with your local municipal government to determine if local ordinances or zoning requirements impact your ability to operate a Cottage Food Operation out of your home kitchen. Complaints about Cottage Food products will be investigated by the appropriate authorities.
Are there labeling requirements for my cottage food products?
The following must be included on the products via label or tags:
Common name of the product.
Product ingredients in descending order of predominance by weight.
If the product contains any major food allergens the word “Contains” followed by the list of allergens. These major food allergens make up 90% of food allergic reactions in the United States: Milk, Eggs, Fish (e.g., bass, flounder, cod), Crustacean shellfish (e.g., crab, lobster, shrimp), Tree nuts (e.g., almonds, walnuts, pecans), Peanuts, Wheat and Soybeans.
Cottage Food operators name, business name, and Cottage Food permit number.
Name of the municipality the food was prepared in, followed by “New Jersey” or “NJ”.
The statement “This food is prepared pursuant to N.J.A.C. 8:24-11 in a home kitchen that has not been inspected by the Department of Health”.
How much does a Cottage Food permit cost?
The permit, which is valid for 2 years, has a $100 fee. A 2-year permit renewal fee is also $100, renewals must be submitted at least 45 days prior to the permit expiration date.
Where can I access the permit application?
The NJDOH Application for Cottage Food Operator Permit is available online.
*Updated on 12/6/22 to remove honey from the list of covered products by the cottage food law.
