michigan cottage food law

Cottage Food products cannot be sold on consignment. Under the Michigan Food Code, cooked vegetables must be held either hot (above 135°F) or cold (below 41°F). The allowable products list is based on the food safety risk level associated with certain types of food. You are limited in the amount of money you can make selling Cottage Foods. The ingredients of the Cottage Food product, in descending order of predominance by weight. ; Contact: Central Licensing 517-284-5771 Frequently Asked Questions. Please read and consider the information in this guidance document before deciding whether or not to produce, label and sell gluten-free baked goods. Can I advertise my Cottage Food products on my website? 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. Over $25,000 in sales requires a licensed kitchen for production. We consider jams, jellies, and preserves that meet an applicable standard of identity under 21 CFR part 150 to be excluded from the coverage of 21 CFR part 114. The Michigan Department of Agriculture & Rural Development has resources and tools to help food entrepreneurs establish and grow their businesses in Michigan. If you are ready to become a licensed food processor, congratulations! Can I offer returnable glassware or serving dishes with my wedding cakes, birthday cakes, or other specialty cakes? I am concerned that some of my product ingredients that are not allergens are "trade secrets" and listing all my ingredients would lead to unfair competition. 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. Are bake sales or potlucks covered under the Cottage Food Law? Name and physical address of the Cottage Food operation. How can I meet the labeling requirements, when I can't stick a label on the cake? You would be allowed to personally give away your product from your sales booth, but you cannot donate it for someone else to give it away or use it as an item in a fundraiser auction. (4) Cottage food products may be sold directly from the cottage food operation to the consumer only, and not by internet or mail order. 123 Foodstuff Lane Key Changes to the Michigan Food Law – 2012: A reference sheet created by the Michigan Department of Agriculture highlighting the … Staff Training Resources Materials cover food allergies, the basics of cross contamination of food, and safe hand washing. Cottage Food businesses also need to comply with the labeling, adulteration, and other provisions found in the Michigan Food Law. Under the Michigan Food Law, honey or maple syrup retail outlets and processing facilities operated by the producer are exempt from licensure, if gross sales are $15,001 or less. Potable water is required. For the purposes of this subsection, gross sales shall be computed on the basis of the amount of gross sales within or at a particular domestic residence and shall not be computed on a per-person basis within or at that domestic residence. Michigan food laws require that egg processors (i.e. Food safety guidelines for food establishments including fact sheets about glove use, thermometer calibration, egg safety, and changes in the Michigan Food Law. No. Reference to commercial products or trade names does not imply endorsement by MSU Extension or bias against those not mentioned. It means you must identify if any of your ingredients are made from one of the following food groups: milk, eggs, wheat, peanuts, soybeans, fish (including shellfish, crab, lobster, or shrimp), and tree nuts (such as almonds, pecans, or walnuts). Overall. Questions about your options would best be handled by a tax accounting expert, such as a Certified Public Accountant. Can I sell my Cottage Foods over the Internet? 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. Click to subscribe. The following statement: "Made in a home kitchen that has not been inspected by the Michigan Department of Agriculture & Rural Development" in at least the equivalent of 11-point font (about 1/8" tall) and in a color that provides a clear contrast to the background (All capital letters or upper/lower case are both acceptable). 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. This information is for educational purposes only. No. While you can advertise your product on the Internet, you cannot take orders over the Internet, and then ship directly to consumers. The law also enables farmers who sell produce at farmers markets and on-farm markets to expand their product lines to include things like baked goods and jams. You may want to consult with a business advisor on the specific steps. Yes. You may NOT receive payment over the Internet. In Michigan, cottage foods may only be sold by the producer directly to the consumer at farmers’ markets, farm stands, roadside stands and similar venues. Since the safe food handling practices are not being evaluated, the food is not considered an approved source for use in a restaurant or grocery store. The Cottage Food Law specifies that the name and address of the business of the Cottage Food Operation must be included on the label. The dehydrated vegetables, fruits or herbs must be shelf stable and must be packaged and labeled for sale according to the Cottage Food Law requirements. You need to maintain sales records and provide them to a Michigan Department of Agriculture & Rural Development (MDARD) food inspector, upon request (MDARD has regulatory responsibility for the Cottage Food Law). “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 adopted the Cottage Food Law in 2010, providing guidelines for individuals to prepare non-potentially hazardous foods in a home kitchen. If you use a prepared item in your recipe, you must list the sub ingredients as well. Can nonprofit organizations produce and sell Cottage Foods? If you use a prepared item in your recipe, you must list the sub ingredients as well. Michigan Cottage Food Law. For example, a white bread with the following ingredient listing: whole wheat flour, water, salt, and yeast. Allergen labeling as specified in federal labeling requirements. 2. They do, however, have their own set of licensing exemptions under the law. The Cottage Food Law is a great opportunity for individuals to generate revenue by making and selling food for which they have a passion. What oversight does the Michigan Department of Agriculture & Rural Development (MDARD) have over my Cottage Food operation? B. Acidified Foods Box 30017, Lansing, Michigan 48909 FOOD LAW (Act 92 of 2000, as amended) Foods that do not require refrigeration are exempt from licensing and inspection requirements. Under Michigan rsquo s Cottage Law Entrepreneurs may prepare and sell foods directly to consumers. The baked goods may not be decorated or garnished with fresh or frozen fruits or vegetables. Please check the laws of your state to ensure full compliance. Do I have to put a label on my Cottage Foods? Ingredients: flour, water, nuts, salt, yeast. A PHF/TCS is a food that: Please refer to the 2009 Michigan Modified Food Code for pH and water activity tables. Food Establishment Licensing Details & FAQ. Contains wheat and milk. Food safety guidelines for food establishments including fact sheets about glove use, thermometer calibration, egg safety, and changes in the Michigan Food Law. It allows $25,000 per year per household in total sales before expenses. View information about becoming a certified wild mushroom expert. Staff Training Resources Materials cover food allergies, the basics of cross contamination of food, and safe hand washing. As a Cottage Food Operator, it is your responsibility to assure the food you make is safe. Through this program participants will learn about the Cottage food law and other principles you can use to provide safe products. Please see the links to additional information below: The rules under Michigan's Food Law were developed to protect the health and safety of Michigan citizens and to reduce the risk of foodborne illness. Honey and maple syrup producers can wholesale their products, including to grocery stores and other retailers who will then resell them, as long as they are labeled correctly. In this example, the statement 'whole wheat flour', meets the requirements of federal law. The purpose of including an address on product labels is to be able to locate the business in case of a recall or traceback associated with a foodborne illness complaint or outbreak. Allergen labeling, as specified in federal labeling requirements, must also be included. No. Please include your zip code and a telephone number with your request for information. So, a house, an apartment, condominium or a rental home all could be a single family domestic residence. Examples of foods that may be acidified foods include: Can I produce and sell cooked vegetable products, like salsas, tomato sauces, spaghetti sauces, or focaccia bread with roasted vegetables? The Cottage Food Law allows food entrepreneurs to operate small food businesses and produce a variety of food products that are low risk from a food safety standpoint, if prepared properly in an unlicensed and uninspected kitchen, while protecting public health to the greatest extent possible. Can I make and sell candies that contain alcohol, like truffles or liqueur flavored, cream-filled chocolates, under the Cottage Food Law? Venues. 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. In the event a complaint is filed or a foodborne illness is linked to your food, MDARD will investigate your operation as part of our responsibility under the Michigan Food Law. Yes, as long as they are labeled correctly and completely, and the label includes any allergens the product may contain. Although there is nothing specific under the Cottage Food amendment to the Michigan Food Law to prohibit you from labeling and selling baked goods as gluten-free, there is a relatively new federal rule that would increase your liability if someone who has Celiac disease gets sick from your product, and puts the burden on you to prove your product meets the standards outlined in the federal rule, including labeling and sanitation requirements. 85%. Refer to your area inspector on ingredient labeling guidelines. 57%. 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 . No. Here is a link to the Federal Rule. Cottage Food operations are considered to be food establishments, but will not have to meet the licensing and inspection requirements outlined in the Michigan Food Law. As a Cottage Food operator, you are not required to meet NSF standards for your equipment used to manufacture Cottage Food products. The sale must be person-to-person, from the producer to the actual consumer. As a good practice, those who host bake sales and potlucks should remind food preparers of basic safe food handling practices and ask their bakers to provide ingredient labels and include the name of the food preparer on each item. 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. Cottage Food products must be prepackaged and properly labeled prior to sale. Can I bake bread in a wood fired oven under the Cottage Food Law? Michigan Cottage Food Law allows residents to manufacture foods in home kitchens and store those products at home. must be held in a refrigerator) to keep them safe for human consumption. After December 31, 2017, the gross sales of cottage food products by a cottage food operation shall not exceed $25,000.00 annually. Contact your county government office to determine if a DBA is appropriate for you. Can I make and sell gluten-free baked goods as cottage foods? The net weight or net volume of the Cottage Food product (must also include the metric equivalent - conversion charts are available online). In general, sales tax is not charged on prepackaged foods that are not for immediate consumption. I lease space in a retail building where I operate a small antique shop. 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. By weight use it for making baked goods, like sweet breads, a! Jelly, are not your primary residence that program baked, labeled, and therefore not. 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