Cottage Food Sales Restrictions in New Hampshire

1. What types of food can be sold under New Hampshire’s cottage food laws?

Under New Hampshire’s cottage food laws, certain types of non-potentially hazardous foods can be sold directly to consumers. This includes products such as baked goods, jams, jellies, candies, granola, popcorn, and certain types of dried herbs. However, it’s important to note that there are restrictions on the types of foods that can be sold, with potentially hazardous foods like dairy products, meats, and certain canned goods typically not allowed under cottage food laws. It’s advisable to review the specific regulations for cottage food sales in New Hampshire to ensure compliance with the law.

2. Are there any limits on the quantities of cottage food products that can be sold?

Yes, there are typically limits on the quantities of cottage food products that can be sold. These limits vary by state and are put in place to ensure the safety and quality of the products being sold. Common limits include:

1. Limit on annual gross sales: Many states cap the amount of money a cottage food operation can make in a year. Once this limit is reached, the producer may need to upgrade to a commercial kitchen.

2. Limit on individual product quantities: There may be restrictions on how much of a specific cottage food product can be sold in a single transaction or over a certain period.

3. Limit on where products can be sold: Some states restrict the venues where cottage food products can be sold, such as farmers’ markets, roadside stands, or directly from the producer’s home.

It is important for cottage food producers to familiarize themselves with their state’s specific regulations regarding quantity limits to ensure compliance with the law.

3. Do cottage food producers need to obtain a license to sell their products in New Hampshire?

Yes, in New Hampshire, cottage food producers are required to obtain a license to sell their products. The state’s Department of Health and Human Services regulates cottage food sales and requires producers to apply for a Home Food Service License. This license is necessary for selling homemade food products directly to consumers from the producer’s home kitchen or another location, as long as certain criteria are met. The license ensures that cottage food producers comply with health and safety regulations to protect consumers from foodborne illnesses. Additionally, producers must adhere to labeling requirements and may also need to complete a food safety training course to obtain the license.

4. Are there any labeling requirements for cottage food products in New Hampshire?

Yes, in New Hampshire, there are specific labeling requirements for cottage food products that must be followed. These requirements include:

1. All cottage food products must be properly labeled with the name and address of the cottage food operation where the product was made.
2. The label must also include a statement that the product was made in a home kitchen that is not subject to inspection.
3. Any potential allergens in the product must be clearly listed on the label, such as nuts, dairy, or gluten.
4. The net weight or volume of the product must be included on the label, along with the date the product was made or the expiration date.
5. Additionally, the label must include a disclaimer that the product is homemade and not subject to state inspection.

It is important for cottage food producers in New Hampshire to adhere to these labeling requirements to ensure compliance with state regulations and to provide consumers with important information about the products they are purchasing.

5. Can cottage food products be sold online or through mail order in New Hampshire?

In New Hampshire, cottage food products can be sold online or through mail order under certain conditions. Sellers must ensure that the products are properly labeled with specific information such as the name and address of the business, the ingredients used, and a disclaimer stating that the product is homemade and not subject to state inspection. Additionally, sellers should comply with any regulations regarding shipping and handling of food products to ensure the safety and quality of the items during transportation. It is important for cottage food producers in New Hampshire to familiarize themselves with the state’s laws and regulations governing the sale of homemade food products to avoid any legal issues.

1. Sellers must adhere to labeling requirements for cottage food products.
2. Compliance with regulations for shipping and handling of food products is essential.
3. Familiarity with state laws and regulations is crucial for cottage food producers in New Hampshire.

6. Are there any restrictions on where cottage food products can be sold in New Hampshire?

In New Hampshire, there are certain restrictions on where cottage food products can be sold. Cottage food products can only be sold directly to consumers at specific locations such as farmers markets, roadside stands, and community events. They are not allowed to be sold through third-party retailers or online platforms. Additionally, cottage food producers are required to label their products with specific information, including ingredients, allergens, and the producer’s contact information. It is important for cottage food producers in New Hampshire to understand and comply with these restrictions to ensure they are selling their products in accordance with the law.

7. Are there any specific sanitation requirements for cottage food producers in New Hampshire?

Yes, there are specific sanitation requirements for cottage food producers in New Hampshire to ensure the safety of the products being sold. Some of these requirements include:

1. Personal hygiene: Cottage food producers are expected to maintain a high level of personal hygiene, including washing hands frequently, wearing clean clothing, and covering any wounds or cuts.

2. Work area cleanliness: The area where cottage foods are prepared must be kept clean and free of any potential contaminants. This includes regular cleaning and disinfecting of countertops, utensils, and equipment.

3. Pest control: Cottage food producers must take measures to prevent pests such as insects, rodents, and other vermin from entering the food preparation area. This can include sealing any cracks or openings, storing food properly, and using pest control measures if necessary.

4. Proper storage: Cottage food producers must store ingredients and finished products properly to prevent contamination. This includes keeping ingredients at the appropriate temperature, storing products in clean and sanitary containers, and labeling everything correctly.

5. Training: Cottage food producers are encouraged to undergo food safety training to learn about proper food handling, storage, and sanitation practices.

By adhering to these sanitation requirements, cottage food producers can ensure that the products they sell are safe for consumption and meet regulatory standards in New Hampshire.

8. Can cottage food operations be conducted in a residential kitchen in New Hampshire?

Yes, in New Hampshire, cottage food operations can be conducted in a residential kitchen, as long as certain requirements are met.

1. The producer must apply for and obtain a Home Food Service license from the New Hampshire Department of Health and Human Services.
2. The cottage food operation must comply with specific regulations regarding the types of products that can be made and sold, as well as labeling requirements.
3. Permitted cottage food items commonly include baked goods, jams, jellies, and certain canned goods.
4. The residential kitchen where the cottage food operation takes place must also meet certain sanitation and safety standards outlined by the state.
5. It is important to thoroughly understand and adhere to these regulations to ensure compliance and the legality of your cottage food business in New Hampshire.

9. Are there any restrictions on advertising for cottage food products in New Hampshire?

Yes, there are restrictions on advertising for cottage food products in New Hampshire. Cottage food producers are prohibited from using certain types of advertising, including billboards, radio, television, and online advertising that reaches beyond the local area where the products are sold. This restriction is in place to ensure that cottage food operations remain small-scale and do not compete unfairly with larger food businesses. Cottage food producers in New Hampshire are typically limited to advertising through methods such as word-of-mouth, flyers, local newspapers, and community bulletin boards. It is important for cottage food producers to familiarize themselves with these advertising restrictions to avoid any potential legal issues.

10. Can cottage food products be sold at farmer’s markets in New Hampshire?

Yes, cottage food products can be sold at farmer’s markets in New Hampshire. However, there are certain restrictions and regulations that must be followed in order to sell these products legally:

1. Cottage food operators in New Hampshire are required to obtain a food license from the New Hampshire Department of Health and Human Services (DHHS) before selling their products at farmers markets.

2. The products must be labeled properly with specific information such as the name and address of the seller, the ingredients used, and a statement that the product was made in a home kitchen that is not subject to inspection.

3. Cottage food products that are allowed to be sold at farmers markets in New Hampshire include baked goods, jams, jellies, and certain types of non-potentially hazardous foods.

4. It is important for cottage food operators to be aware of any restrictions or limitations on the types of products that can be sold at farmers markets in order to comply with state regulations.

Overall, while cottage food products can be sold at farmer’s markets in New Hampshire, it is essential for sellers to adhere to the necessary requirements and obtain the proper licenses to ensure that they are in compliance with the law.

11. Are there any restrictions on selling cottage food products at fairs or festivals in New Hampshire?

Yes, in New Hampshire, there are restrictions on selling cottage food products at fairs or festivals. Specifically, individuals who want to sell homemade food products at fairs or festivals in the state are required to first obtain a Home Food Business license from the New Hampshire Department of Health and Human Services. This licensing process ensures that the cottage food products being sold are safe for consumption and meet certain quality standards. Additionally, vendors may also need to adhere to specific labeling requirements and sales limitations set by the state when selling at fairs or festivals. It is important for cottage food producers in New Hampshire to familiarize themselves with these regulations to ensure compliance and avoid any potential penalties or fines.

12. Is there a sales limit for cottage food producers in New Hampshire?

In New Hampshire, there is currently no sales limit for cottage food producers. This means that individuals operating under the state’s cottage food laws are not restricted in the amount of products they can sell directly to consumers from their homes or at approved venues such as farmers markets or fairs. However, it is important for cottage food producers in New Hampshire to adhere to the specific regulations outlined by the state, which may include labeling requirements, permitted food items, and sanitation standards. It is always advisable for cottage food producers to stay informed about any updates or changes to regulations that may impact their operations.

13. Are there any restrictions on selling homemade beverages under New Hampshire’s cottage food laws?

Yes, there are restrictions on selling homemade beverages under New Hampshire’s cottage food laws. In New Hampshire, the cottage food law specifically excludes the sale of homemade beverages for profit. This means that individuals are not allowed to sell homemade beverages such as juices, sodas, or other non-alcoholic drinks under the cottage food law. The law focuses mainly on the sale of non-potentially hazardous foods that are prepared in a home kitchen, typically baked goods, jams, and other shelf-stable products. Homemade beverages are considered to carry a higher risk of contamination and spoilage, which is why they are not permitted under the cottage food law in New Hampshire. It is important to review the specific regulations and guidelines set forth by the state’s department of health to ensure compliance when engaging in cottage food sales.

14. Can cottage food producers hire employees to help with their operations in New Hampshire?

No, cottage food producers in New Hampshire are not allowed to hire employees to help with their operations. The state’s cottage food law specifically prohibits the hiring of employees by cottage food producers. This restriction is in place to ensure that cottage food operations remain small-scale and are operated solely by the producer. Cottage food laws are designed to support individuals who want to start small food businesses from their home kitchen, typically operating on a limited scale without the need for commercial kitchen facilities or extensive food safety regulation compliance. By prohibiting the hiring of employees, the law aims to maintain the cottage food operation as a small, owner-operated business.

15. Are there any restrictions on selling cottage food products outside of New Hampshire?

Yes, there are restrictions on selling cottage food products outside of New Hampshire. Each state has its own regulations and laws regarding cottage food sales, and it is important to comply with these regulations before selling products in another state. Some common restrictions that may apply when selling cottage food products outside of New Hampshire include:

1. Interstate sales restrictions: Some states do not allow cottage food producers to sell their products across state lines without additional permits or licenses.

2. Labeling requirements: Different states may have specific labeling requirements for cottage food products, such as listing ingredients, allergens, and contact information.

3. Packaging regulations: Some states have regulations regarding the packaging of cottage food products, including requirements for tamper-evident packaging or specific labeling on packaging materials.

4. Sales tax implications: Selling products in a different state may also trigger sales tax obligations, so it is important to understand the tax implications of selling cottage food products outside of New Hampshire.

Overall, it is crucial to research and adhere to the regulations of the specific state where you plan to sell your cottage food products to ensure compliance and avoid any potential legal issues.

16. Is there a limit on annual sales for cottage food producers in New Hampshire?

Yes, in New Hampshire, there is a limit on annual sales for cottage food producers. The state allows cottage food operations to sell homemade food products directly to consumers with a gross annual sales limit of $20,000 (as of 2021). This means that cottage food producers in New Hampshire cannot exceed $20,000 in total sales from their homemade food products within a year to qualify for the exemption from licensure and inspection by the state’s Department of Health and Human Services. It’s crucial for cottage food producers to keep track of their sales to ensure compliance with the state’s regulations and to maintain the exemption status for their operations.

17. Are there any specific training or food safety courses required for cottage food producers in New Hampshire?

In New Hampshire, there are specific training or food safety courses required for cottage food producers. Cottage food producers are not required to take any formal training or food safety courses in order to sell their products. However, it is highly encouraged that producers educate themselves on safe food handling practices, proper packaging, labeling requirements, and overall food safety guidelines. This can help ensure that their products are safe for consumers to consume and can help minimize the risk of foodborne illnesses. Producers can take advantage of resources provided by the state’s Department of Health and Human Services, as well as online courses and workshops offered by various organizations to enhance their knowledge in food safety practices. By staying informed and proactive in food safety measures, cottage food producers can not only comply with regulations but also build customer trust and confidence in their products.

18. Can cottage food products be sold in retail stores in New Hampshire?

In New Hampshire, cottage food products cannot be sold in retail stores. Cottage food laws in New Hampshire specifically restrict the sale of these homemade food items to be directly to consumers from the producer’s home, at farmers markets, roadside stands, or through mail order transactions. Retail stores are not authorized to sell cottage food products due to concerns regarding food safety regulations and the inability to track the production conditions of these homemade goods. Therefore, producers must adhere to the designated sales channels outlined by the state to legally sell their cottage food products in New Hampshire.

19. Are there any restrictions on selling cottage food products at events such as weddings or private parties in New Hampshire?

In New Hampshire, there are restrictions on selling cottage food products at events such as weddings or private parties. Cottage food producers in the state are limited to selling their products directly to the end consumer at the producer’s residence or at a farmers’ market. This means that selling cottage food items at events like weddings or private parties would generally not be allowed under New Hampshire’s cottage food regulations. It is important for cottage food producers to be aware of and comply with these restrictions to avoid potential fines or penalties for violating the regulations.

20. Are there any specific requirements for storing cottage food products in New Hampshire?

Yes, in New Hampshire, there are specific requirements for storing cottage food products to ensure safety and compliance with regulations. These requirements include:

1. Temperature control: Cottage food products must be stored at the proper temperature to prevent spoilage and ensure food safety. Perishable items should be stored in refrigerators at or below 41°F (5°C).

2. Separation of raw and ready-to-eat foods: Raw ingredients and ready-to-eat cottage food products should be stored separately to prevent cross-contamination and minimize the risk of foodborne illness.

3. Proper labeling: Cottage food products must be clearly labeled with important information such as the name of the product, ingredients, allergens, and net weight. Proper labeling helps consumers make informed decisions and ensures compliance with labeling regulations.

4. Hygiene and sanitation: Storage areas must be kept clean and well-maintained to prevent contamination. Regular cleaning and sanitizing of storage containers, shelves, and equipment are essential to maintain food safety standards.

By following these specific requirements for storing cottage food products in New Hampshire, cottage food operators can maintain the quality and safety of their products while complying with state regulations.