Allowed Cottage Food Products in New Hampshire

1. What are cottage food products?

Cottage food products are typically homemade food items that are prepared in home kitchens instead of in commercial food establishments. These products are made in small batches and are often sold directly to consumers, usually at farmer’s markets, roadside stands, or online platforms. Common examples of cottage food products include baked goods (such as cookies, cakes, and bread), jams and jellies, candy, granola, and certain types of pickles and sauces. These products are typically lower-risk foods that are shelf-stable and do not require refrigeration to remain safe for consumption. In many states, cottage food operations are allowed under specific regulations that outline what types of products can be made, where they can be sold, and how they should be labeled to ensure food safety and consumer protection.

1. Cottage food products are often subject to specific labeling requirements, which may include details such as ingredient lists, allergen information, net weight, and the producer’s contact information.
2. Different states have varying regulations regarding allowed cottage food products, so it is important for cottage food producers to familiarize themselves with the specific rules and requirements in their location.
3. While cottage food operations provide opportunities for individuals to start small food businesses from home, it is crucial to follow proper food safety practices to prevent foodborne illnesses and ensure the quality of the products being sold.

2. What types of food products are allowed to be produced under New Hampshire’s cottage food law?

Under New Hampshire’s cottage food law, specific types of food products are allowed to be produced for sale directly to consumers. These typically include:

1. Non-potentially hazardous baked goods, such as cookies, bread, and cakes.
2. Jams, jellies, and fruit preserves made with high-acid fruits.
3. Homemade candy, such as fudge, brittles, and chocolate truffles.
4. Granola, trail mix, and popcorn.
5. Dry herbs, seasonings, and spice blends.

It’s important to note that the allowed cottage food products may vary by state, so it’s crucial for home food producers to familiarize themselves with the specific regulations and restrictions in place in their jurisdiction. Additionally, cottage food producers are often required to comply with labeling requirements, production limits, and other food safety guidelines to ensure the products are safe for consumption.

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

Yes, there are specific labeling requirements for cottage food products in New Hampshire. When selling cottage food products in the state, the following labeling requirements must be followed:

1. Label must include the name and address of the cottage food operation.
2. The label needs to list the common or usual name of the product.
3. Declaration of all ingredients in the product, listed in descending order of predominance by weight.
4. The net weight or volume of the product must be displayed.
5. Allergen information must be provided if the product contains any of the major food allergens listed by the FDA.
6. The statement “Made in a home kitchen that is not subject to routine inspection by the New Hampshire Department of Health and Human Services” must be included on the label in a conspicuous manner.
7. Additionally, any claims or statements made on the label must be truthful and not misleading.

By complying with these labeling requirements, cottage food producers in New Hampshire can ensure that their products are properly labeled for sale and consumption by consumers.

4. Can I sell my cottage food products online or through farmers’ markets?

Yes, in many states, cottage food producers are allowed to sell their products online or through farmers’ markets. However, there are usually regulations and requirements that must be followed to ensure compliance with food safety laws. Here are some key points to consider:

1. Online Sales: When selling cottage food products online, you may need to include specific labels and disclaimers on your website, such as stating that your products are homemade and not subject to state inspection. Additionally, you may need to obtain any necessary permits or licenses required by your state or local health department for selling food products online.

2. Farmers’ Markets: Selling at farmers’ markets is a popular avenue for cottage food producers. However, you will likely need to adhere to the market’s rules and regulations, which may include obtaining a temporary food vendor permit, providing product samples for inspection, and following proper sanitation practices during the market.

It is essential to research and understand the regulations specific to your state regarding selling cottage food products online or at farmers’ markets to ensure compliance and avoid any legal issues. Additionally, it’s a good idea to check with your local health department or regulatory agency for guidance on selling your products through these channels.

5. Do I need a license or permit to sell cottage food products in New Hampshire?

Yes, in New Hampshire, individuals who want to sell cottage food products are required to obtain a license or permit. Here are some key points to consider:

1. Cottage food operators in New Hampshire need to complete a Food Protection Manager Certification course.
2. They must also register with the New Hampshire Department of Health and Human Services and comply with specific regulations outlined in the state’s cottage food law.
3. Certain labeling requirements must be met, including accurate ingredient lists, nutritional information, and allergen warnings.
4. The products must be prepared in a domestic kitchen that meets the state’s sanitation standards.
5. Additionally, cottage food operators may be subject to inspections to ensure compliance with food safety regulations.

It is essential to check with the local health department or regulatory agency in New Hampshire for specific details on licensing and permit requirements for selling cottage food products.

6. Are there any limitations on where I can sell my cottage food products?

In general, there are limitations on where you can sell your cottage food products, depending on the state or country regulations where you are operating. Some common restrictions may include:

1. Selling only directly to consumers: In many places, cottage food producers are limited to selling their products directly to end consumers, such as through farmers’ markets, roadside stands, or online platforms. Selling through intermediaries like restaurants or grocery stores may not be allowed.

2. Selling from approved locations: Cottage food laws often specify where you can sell your products, such as from your home kitchen or at specific events like fairs or community gatherings. Selling from unapproved locations like street corners or public parks may be prohibited.

3. Restrictions on shipping: Some jurisdictions may limit cottage food producers from shipping their products, requiring all sales to be conducted in person. This is to ensure compliance with food safety regulations and proper labeling.

4. Limited sales volume: There may be restrictions on the amount of cottage food products you can sell in a year to qualify for exemption from commercial food production regulations. Exceeding this limit may require you to transition to a commercial kitchen.

5. Labeling and packaging requirements: Cottage food laws often mandate specific labeling and packaging requirements for products sold, such as listing ingredients, allergen information, and contact details. Failure to comply with these regulations may result in limitations on where you can sell your products.

It’s crucial to familiarize yourself with the cottage food laws and regulations in your area to ensure compliance and avoid any limitations on where you can sell your products. Consulting with local health departments or cottage food agencies can provide you with specific guidance on selling your cottage food products within the legal boundaries.

7. What are the food safety requirements for producing cottage food products in New Hampshire?

In New Hampshire, there are specific food safety requirements that must be followed when producing cottage food products to ensure the safety of consumers. Some key food safety requirements include:

1. Training: Cottage food producers in New Hampshire must complete a food safety training course that covers topics such as proper food handling, storage, and labeling.

2. Kitchen Requirements: The kitchen where cottage food products are made must be clean, sanitary, and in good repair. It should also be separate from any personal living areas to prevent contamination.

3. Labeling: All cottage food products must be properly labeled with information such as ingredients, allergens, and a disclaimer stating that the products were made in a home kitchen that is not subject to state inspection.

4. Packaging: Proper packaging is essential to prevent contamination and ensure the freshness of the products. Packaging should be clean, food-grade, and securely sealed.

5. Storage: Cottage food products should be stored at the correct temperature to prevent spoilage or the growth of harmful bacteria. Proper storage practices help maintain the quality and safety of the products.

6. Record Keeping: Cottage food producers in New Hampshire are required to keep records of their production process, including ingredients used, batch sizes, and sales data. This information can help track product safety and compliance with regulations.

7. Inspections: While cottage food operations are not subject to routine inspections in New Hampshire, producers must allow state officials to inspect their facilities if there are concerns about food safety or compliance with regulations.

By following these food safety requirements, cottage food producers in New Hampshire can ensure that their products are safe for consumption and comply with state regulations.

8. Can I use my home kitchen to produce cottage food products?

Yes, in many states, you are allowed to use your home kitchen to produce cottage food products for sale. However, there are typically regulations and guidelines that must be followed to ensure food safety and compliance with the law. Some common requirements may include:

1. Obtaining a cottage food license or permit from your local health department.
2. Adhering to specific labeling requirements, such as including ingredients, allergen information, and the statement “Made in a Cottage Food Operation.
3. Limiting the types of foods that can be produced to non-potentially hazardous products, such as baked goods, jams, jellies, and candies.
4. Operating within specific income thresholds set by the state.

It’s important to check with your state’s cottage food law to understand the specific regulations that apply to your situation and ensure that you are in compliance before starting your cottage food business from your home kitchen.

9. Are there any restrictions on the ingredients that can be used in cottage food products?

Yes, there are indeed restrictions on the ingredients that can be used in cottage food products. These restrictions can vary depending on the specific regulations set forth by the local health department or governing agency. Some common restrictions that are typically imposed on cottage food products include:

1. Prohibited Ingredients: Certain ingredients may be outright prohibited from use in cottage food products due to safety concerns or health regulations. This could include ingredients such as unpasteurized dairy, raw eggs, or certain types of meat.

2. Allergen Warnings: Cottage food producers are usually required to properly label their products and include allergen warnings for common allergens such as nuts, eggs, soy, and wheat to ensure the safety of consumers.

3. Food Additives: Restrictions may also be placed on the use of certain food additives or colorings in cottage food products to maintain the product’s integrity and safety.

4. Expiration Dates: Cottage food products are often required to have clear expiration dates to ensure that consumers are aware of the product’s freshness and safety.

5. Labeling Requirements: Cottage food products may need to meet specific labeling requirements, such as listing all ingredients, net weight, producer information, and any allergen warnings.

It is crucial for cottage food producers to familiarize themselves with the ingredient restrictions applicable in their area to ensure compliance with the law and to protect consumers from potential harm.

10. What are the sales limits for cottage food products in New Hampshire?

In New Hampshire, there are specific sales limits for cottage food products that individuals must adhere to. These sales limits are important to ensure that cottage food operations remain within the scope of a small-scale business rather than fully commercial ventures. As of the time of this response, the sales limits for cottage food products in New Hampshire are set at:

1. Annual gross sales of $20,000 or less.
2. The products must be sold directly to the end consumer.
3. Sales must take place at venues such as farmers’ markets, fairs, roadside stands, or other direct-to-consumer locations.

It is crucial for cottage food operators in New Hampshire to stay informed about these sales limits and any potential updates or changes to the regulations to operate legally within the state. Failure to comply with these sales limits may result in penalties or fines, so it is essential to follow the guidelines set forth by the New Hampshire Department of Health and Human Services Food Protection Section.

11. Can I offer samples of my cottage food products at events or farmers’ markets?

Yes, in most states that allow cottage food operations, offering samples of your cottage food products at events or farmers’ markets is typically permitted. However, there are usually regulations and guidelines that must be followed to ensure food safety and compliance with the law. Here are some key points to consider:

1. Check your state’s specific cottage food laws and regulations regarding sampling. Some states may have restrictions on where and how samples can be offered.
2. Maintain proper hygiene and food handling practices when preparing and serving samples to the public.
3. Label samples clearly with all necessary information, including ingredients, allergens, and any required disclaimers.
4. Be prepared to answer questions from consumers about your products, including potential allergens and storage recommendations.
5. Consider obtaining liability insurance to protect yourself in case of any issues arising from the samples you provide.

Overall, offering samples can be a great way to showcase your cottage food products and attract customers, but it’s important to do so in a safe and compliant manner according to the regulations set forth by your state.

12. Are there any exemptions for certain types of cottage food products in New Hampshire?

Yes, in New Hampshire, there are exemptions for certain types of cottage food products. These exemptions allow for the production and sale of various homemade food items without requiring a license or permit. Some common exemptions include:
1. Certain baked goods such as bread, cookies, and cakes.
2. Jams, jellies, and fruit butters.
3. Granola, popcorn, and popcorn balls.
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These exemptions are in place to promote entrepreneurship and allow individuals to start small food businesses from their homes. It’s important to note that there are still regulations and guidelines that must be followed even for exempted cottage food products, such as labeling requirements and restrictions on where these products can be sold. It’s always recommended to check with the New Hampshire Department of Health and Human Services or a local health department for specific details on cottage food exemptions in the state.

13. Can I hire employees to help me produce and sell cottage food products?

No. In most states that allow the production and sale of cottage food products, it is typically required that the products are made by the cottage food operator themselves in their home kitchen. Hiring employees to assist in producing or selling cottage food products is generally not allowed under cottage food laws and regulations. This restriction is in place to ensure that the products are made in small batches by the operator themselves to maintain quality and food safety standards. However, as laws and regulations may vary by state, it is important to check with your local health department or cottage food program to confirm the specific rules and restrictions regarding employees and cottage food production in your area.

14. Are there any zoning restrictions I need to be aware of when selling cottage food products?

When selling cottage food products, it is essential to be aware of zoning restrictions that may apply to your specific location. Zoning regulations can vary significantly depending on where you are located, so it is crucial to research and understand the rules that govern your area. Some common zoning considerations that may impact the sale of cottage food products include:

1. Home Occupation Laws: Many zoning regulations address home-based businesses, including those selling cottage food products. Some areas may have restrictions on the types of business activities that can be conducted from a residential property.

2. Signage Restrictions: Zoning laws often dictate the size, location, and type of signage that can be used for a home-based business. Be sure to check if there are any limitations that may affect your ability to promote your cottage food products.

3. Traffic and Parking Regulations: Zoning restrictions may also include provisions related to traffic flow, parking, and the number of customers allowed on the premises at any given time. Ensure that you comply with any requirements to avoid potential issues.

4. Noise and Odor Regulations: Depending on the nature of your cottage food products, there may be limits on noise levels or restrictions related to odors that could impact your neighbors. Be mindful of these regulations and take steps to minimize any potential disturbances.

5. Environmental and Health Considerations: Some areas have zoning restrictions related to environmental impact and health regulations that may apply to food production and sales. Ensure that you adhere to any relevant standards to maintain compliance.

Overall, it is essential to research and understand the specific zoning restrictions that may apply to selling cottage food products in your area. By being aware of and complying with these regulations, you can operate your business smoothly and avoid any potential legal issues.

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

Yes, there are specific requirements for storing cottage food products in New Hampshire in order to ensure food safety and quality. Here are some key regulations:

1. Storage Temperature: Cottage food products should be stored at the appropriate temperature to prevent spoilage and foodborne illnesses. Perishable items should be kept refrigerated at or below 41 degrees Fahrenheit, while non-perishable goods should be stored in a cool, dry place.

2. Packaging: Cottage food products must be stored in containers that are clean, food-grade, and properly sealed to maintain freshness and prevent contamination. It is important to label all containers with the product name, ingredients, allergen information, and expiration date.

3. Separation of Raw and Ready-to-Eat Foods: Raw ingredients should be stored separately from ready-to-eat foods to prevent cross-contamination. Keep raw meats, eggs, and other potentially hazardous ingredients separate from baked goods or other finished products.

4. Pest Control: Take measures to prevent pests such as insects and rodents from accessing stored cottage food products. This includes keeping storage areas clean, sealed, and free from clutter that could attract pests.

5. Record Keeping: Maintain records of storage temperatures, expiration dates, and any incidents of contamination or spoilage. This information may be necessary for regulatory compliance or in case of a food safety inspection.

By following these storage requirements, cottage food producers in New Hampshire can ensure the safety and quality of their products for consumers.

16. What are the penalties for not complying with the cottage food law in New Hampshire?

In New Hampshire, there are penalties for not complying with the cottage food law. These penalties vary depending on the violation and can include fines, legal action, and even the revocation of the cottage food license. It is crucial for cottage food producers to adhere to the regulations set forth by the New Hampshire Department of Health and Human Services to avoid these penalties. Some of the key violations that can lead to penalties include operating without a license, selling prohibited foods, improperly labeling products, and failing to meet health and safety requirements. It is essential for cottage food producers to stay informed about the regulations and ensure that they are in compliance to avoid facing these penalties.

17. Are there any resources or training programs available for cottage food producers in New Hampshire?

Yes, in New Hampshire, cottage food producers can access resources and training programs to help them navigate the regulations and best practices for their businesses. Some of these resources include:

1. The New Hampshire Department of Health and Human Services offers information on their website about cottage food laws and regulations in the state. They provide guidance on what types of foods can be sold as cottage foods and the labeling requirements.

2. The University of New Hampshire Cooperative Extension also offers educational programs and workshops for cottage food producers. These programs cover topics such as food safety, business planning, and marketing strategies.

3. Additionally, there are online resources and webinars available through organizations like the Cottage Food Business website and the National Association of Cottage Food Operators, which provide valuable information and support for cottage food producers in New Hampshire.

By taking advantage of these resources and training programs, cottage food producers can ensure they are operating in compliance with state laws and regulations while also improving their business practices and success.

18. Can I sell my cottage food products to restaurants or other food establishments?

In most states that allow cottage food operations, selling homemade food products to restaurants or other food establishments is typically not permitted. Cottage food laws are usually designed to regulate the sale of homemade goods directly to consumers and may have restrictions on selling to other businesses. Selling cottage food products to restaurants or food establishments usually requires a commercial kitchen and adherence to specific regulations and licensing requirements that may differ from those governing cottage food operations. It is essential to review and understand the specific laws and regulations in your state regarding the sale of cottage food products to restaurants or other food establishments to ensure compliance and avoid any legal issues.

1. Some states may have specific provisions that allow for the sale of cottage food products to restaurants or other businesses under certain conditions, such as obtaining additional permits or certifications.
2. If your goal is to sell homemade food products to restaurants or other food establishments, you may need to consider transitioning from a cottage food operation to a commercial food business that meets the necessary regulatory requirements and standards.

19. Are there any insurance requirements for selling cottage food products in New Hampshire?

In New Hampshire, there are specific insurance requirements for selling cottage food products. Here are the key points to consider:

1. Liability Insurance: Cottage food producers are generally required to obtain liability insurance to cover any potential damages or injuries that may occur as a result of consuming their products. This type of insurance can help protect the business owner from financial losses in case of a lawsuit.

2. Homeowner’s Insurance: It is also advisable for cottage food producers to review their homeowner’s insurance policy to ensure that it covers any business activities conducted on the property. Some policies may exclude coverage for home-based businesses, so it is important to check with the insurance provider and potentially get additional coverage if needed.

3. Product Liability Insurance: Depending on the types of products being sold, cottage food producers may also need to consider obtaining product liability insurance. This type of insurance can provide coverage in case a consumer suffers harm or injury as a result of consuming the food products.

Overall, while there may not be specific insurance requirements outlined in New Hampshire cottage food laws, it is crucial for cottage food producers to carefully review their insurance needs and ensure they have adequate coverage to protect their business and assets. Consulting with an insurance professional who is familiar with cottage food businesses can help in determining the appropriate insurance coverage for selling cottage food products in New Hampshire.

20. How can I stay informed about any updates or changes to the cottage food law in New Hampshire?

To stay informed about any updates or changes to the cottage food law in New Hampshire, you can follow these steps:

1. Regularly check the official website of the New Hampshire Department of Health and Human Services for any announcements or updates related to cottage food laws.

2. Subscribe to newsletters or mailing lists from relevant government agencies or associations that focus on food safety or cottage food businesses in New Hampshire.

3. Attend any workshops, webinars, or events organized by the state government or local organizations that provide information on cottage food laws.

4. Join online forums or community groups of cottage food producers in New Hampshire to stay updated on any changes or share information with fellow entrepreneurs.

5. Establish a good relationship with your local health department or regulatory agency to directly receive any alerts or updates regarding cottage food laws in the state.

By actively engaging with these resources and staying informed through various channels, you can ensure that you are up-to-date with any modifications or developments in the cottage food law in New Hampshire.