New Jersey cottage food law

The rules at a glance

Cottage Food Operator Permit

• Unattended honesty stand?

  Not addressed

  The rules don't mention self-serve or honor-system stands. Ask the Department.

• Sign up with the state?

  Yes

  A $100 permit, good for two years. Local zoning approval first.

  Source

  • A person or entity that engages in the production, distribution, and/or sale of food to consumers shall: 1. Have a Cottage Food Operator PermitNew Jersey Administrative Code 8:24-11: Cottage Food Operator Permit rules
  • The fee to apply for a Cottage Food Operator Permit is $ 100.00New Jersey Administrative Code 8:24-11: Cottage Food Operator Permit rules
  • A Cottage Food Operator Permit is valid for two years from date of issuanceNew Jersey Administrative Code 8:24-11: Cottage Food Operator Permit rules
  • The NJ Department of Health will not approve your application if your local zoning laws prohibit a Cottage Food business from operating in your home.New Jersey Department of Health: Cottage Food Frequently Asked Questions

• Food safety class?

  Yes

  Food Protection Manager certificate, not a food handler card.

  Source

  • A copy of a certificate issued by an accredited program showing that the applicant is a food protection manager in good standing with the accredited programNew Jersey Administrative Code 8:24-11: Cottage Food Operator Permit rules
  • Cottage Food Operators manage their own business. Therefore, Food Protection Manager Certification is required.New Jersey Department of Health: Food Protection Manager Certification

• Kitchen inspection?

  Sometimes

  No routine inspection. A health authority can inspect on a complaint or to enforce the rules.

  Source

  • without being subject to initial or periodic inspection by a health authority and other requirements applicable to retail food establishments pursuant to this chapterNew Jersey Administrative Code 8:24-11: Cottage Food Operator Permit rules
  • a health authority is authorized to enter upon, examine, and survey any premises, including the home kitchen of a cottage food operatorNew Jersey Administrative Code 8:24-11: Cottage Food Operator Permit rules
  • Home kitchens are not inspected by the Department of Health.New Jersey Department of Health: Cottage Food Frequently Asked Questions

• Yearly sales limit

  $50,000 a year

  Gross sales, before taxes and operating expenses.

  Source

  • The gross annual sales (that is, before deductions of taxes and operating expenses) that a cottage food operator generates from the sale of cottage food products shall not exceed $ 50,000New Jersey Administrative Code 8:24-11: Cottage Food Operator Permit rules
  • CFO permit holders are limited to $50,000 gross annual salesNew Jersey Department of Health: Cottage Food Frequently Asked Questions

• Foods that need a fridge?

  No

  Only non-TCS foods on the approved list.

  Source

  • Only foods that stay safe at room temperature are allowed under the Cottage Food Permit.New Jersey Department of Health: Cottage Food Operator Permit
  • Time/Temperature Control for Safety (TCS) foods are not allowedNew Jersey Department of Health: Prohibited Food Products

• Take orders online?

  Yes

  You can advertise, take orders and get paid online, but hand over the food in person.

  Source

  • A cottage food operator may transact activities that are ancillary to the delivery or relinquishment of cottage food products to a consumer by means of United States postal mail, common carrier, electronic communication, internet, and/or telephoneNew Jersey Administrative Code 8:24-11: Cottage Food Operator Permit rules
  • You may advertise your business online, accept online orders, and process online payments.New Jersey Department of Health: Cottage Food Frequently Asked Questions
  • Products must be transferred to the customer in person.New Jersey Department of Health: Cottage Food Frequently Asked Questions

• Ship or mail orders?

  No

  No mail, courier or third-party delivery.

  Source

  • Under the Cottage Food Operator's permit, you are not allowed to send products through common carriers like USPS, FedEx or DHL.New Jersey Department of Health: Cottage Food Frequently Asked Questions

• Sell through shops?

  No

  No retail stores, wholesale or pop-up tables at stores.

  Source

  • No, you cannot sell your food products to a retail store or a wholesale food establishment under the Cottage Food Operator permit.New Jersey Department of Health: Cottage Food Frequently Asked Questions
  • An existing retail food establishment is not one of the permitted places to sell Cottage Food products.New Jersey Department of Health: Cottage Food Frequently Asked Questions
  • you cannot set up a pop up event or table at any existing retail food establishment under the Cottage Food Operator permit.New Jersey Department of Health: Cottage Food Frequently Asked Questions

What goes on the label