Cottage Food Laws in New Hampshire

1. What is a cottage food operation in New Hampshire?

A cottage food operation in New Hampshire is a small-scale food business that operates out of a person’s home kitchen, producing non-potentially hazardous food products for sale directly to consumers. These operations are allowed under New Hampshire’s Cottage Food Law, which sets forth certain requirements and limitations for such businesses to ensure food safety. In New Hampshire, cottage food operations can sell products at farmers markets, roadside stands, and other direct-to-consumer venues without needing to obtain a food establishment license. However, there are specific rules that must be followed, such as labeling requirements, sales limits, and prohibited ingredients. It is important for cottage food operators in New Hampshire to familiarize themselves with the law and comply with its provisions to operate legally and safely.

2. What foods can be produced and sold under New Hampshire’s cottage food laws?

Under New Hampshire’s cottage food laws, certain low-risk homemade food products can be produced and sold directly to consumers without the need for a commercial license or inspection. Some of the allowable foods that can be produced and sold under these laws include:
1. Productos horneados como pan, galletas, pasteles y bollería.
2. Jams and jellies made with high-acid fruits
3. Granola, popcorn, and nut mixes
4. Candies such as fudge, brittle, and chocolate
5. Honey and maple syrup
6. Seasonings, vinegars, and flavored oils
7. Dried herbs and herb blends

It is important to note that there are restrictions on certain types of food products, including those that require refrigeration or contain potentially hazardous ingredients, such as meat or dairy products. Additionally, there are limits on annual sales and where the products can be sold, such as farmers markets or directly from the producer’s home. Overall, New Hampshire’s cottage food laws provide an opportunity for small-scale producers to legally sell certain homemade food items to consumers.

3. Are there any limits on annual sales for cottage food operations in New Hampshire?

Yes, there are limits on annual sales for cottage food operations in New Hampshire. In this state, as of the latest information available, the annual gross sales limit for cottage food operations is $20,000. This means that cottage food producers in New Hampshire cannot exceed this amount in total sales within a calendar year to maintain compliance with the state’s cottage food laws. It’s important for cottage food operators in New Hampshire to keep accurate records of their sales to ensure they are in compliance with this limit set by the state. Exceeding this limit could result in violations of the cottage food laws and potentially lead to penalties or fines. It’s crucial for cottage food entrepreneurs in New Hampshire to be aware of and adhere to these regulations to operate legally and safely.

4. Do cottage food operators in New Hampshire need to obtain a license or permit?

Yes, cottage food operators in New Hampshire are required to obtain a license from the New Hampshire Department of Health and Human Services (DHHS) in order to legally sell their cottage food products. This license is specifically for operating a Home Food Service or Home Processed Food operation, which includes cottage food products.

To obtain the license, cottage food operators must meet certain requirements set by the DHHS, which may include completing a food safety course, submitting an application, and potentially undergoing an inspection of their food preparation area. It is important for cottage food operators to comply with these regulations to ensure the safety and quality of their products, as well as to operate legally within the state of New Hampshire.

5. What are the labeling requirements for cottage food products in New Hampshire?

In New Hampshire, cottage food products must adhere to specific labeling requirements including the following:

1. Product Name: The label must include the common or usual name of the product.
2. Ingredients: All ingredients used in the product must be listed in descending order of predominance by weight.
3. Allergens: If the product contains any major food allergens such as milk, eggs, peanuts, tree nuts, wheat, soy, fish, or shellfish, they must be clearly identified on the label.
4. Net Weight: The net weight or net volume of the product must be included on the label.
5. Cottage Food Business Information: The label must include the name and address of the cottage food business, as well as a statement declaring that the product was homemade and not subject to state inspection.

It is important to ensure that the labeling requirements are met accurately to comply with the regulations set forth by the New Hampshire Department of Health and Human Services for cottage food products.

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

Yes, cottage food products can be sold online or through mail order in New Hampshire, but there are specific guidelines and restrictions that must be followed.

1. Sellers must be properly permitted and follow the Cottage Food Laws set in place by the state.
2. Labeling requirements must be adhered to, which includes clearly displaying the product name, ingredients list, allergen information, net weight, production date, and the statement “Made in a Home Kitchen not Inspected by the State of New Hampshire” on the packaging.
3. Online or mail order sales must not exceed $10,000 annually.
4. A notice must be included with the shipment informing the buyer that the product was made in a home kitchen and has not been subject to state inspection.
5. Proper shipping and handling procedures must be followed to ensure the safety of the products during transport.

By following these guidelines, cottage food producers in New Hampshire can sell their products online or through mail order while ensuring compliance with state regulations.

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

Yes, in New Hampshire, there are restrictions on where cottage food products can be sold. Cottage food products can only be sold directly to the consumer from the producer’s home, at farmers markets, roadside stands, or other events where informal direct sales typically occur. It is important to note that retail sales through third-party establishments like grocery stores or restaurants are not allowed under New Hampshire’s cottage food laws. Additionally, online sales and mail-order sales may be permitted as long as the products are delivered directly to the consumer and not through a retail establishment. It is advisable for cottage food producers in New Hampshire to carefully review and comply with the specific regulations outlined by the state to ensure legal and safe sales of their products.

8. Can cottage food products be sold at farmers markets in New Hampshire?

Yes, cottage food products can be sold at farmers markets in New Hampshire, as long as the producer complies with the state’s Cottage Food Laws. In New Hampshire, homemade food products classified as “cottage foods” can be sold directly to consumers at venues such as farmers markets, fairs, and roadside stands without requiring a commercial kitchen. However, there are certain regulations that must be followed, including labeling requirements, restrictions on the types of products that can be sold, and limits on annual sales volume. It is important for cottage food producers in New Hampshire to familiarize themselves with the specific regulations outlined in the state’s Cottage Food Law to ensure compliance when selling their products at farmers markets.

9. Are there any training or food safety requirements for cottage food operators in New Hampshire?

1. In New Hampshire, there are no specific training requirements for cottage food operators. However, it is strongly encouraged for individuals to undergo food safety training to ensure the safe preparation and handling of their products.

2. While there are no mandated courses or certifications, cottage food operators should familiarize themselves with basic food safety principles such as proper handwashing, sanitation practices, and safe food storage.

3. It is recommended that cottage food operators educate themselves on proper labeling requirements, including including allergen information and ingredient lists, to ensure transparency and compliance with regulations.

4. Additionally, staying informed about the specific cottage food laws in New Hampshire, such as allowable foods and sales limits, is crucial for operating legally within the state.

Overall, while New Hampshire does not have specific training or food safety requirements for cottage food operators, it is essential for individuals to take responsibility for ensuring the safety and quality of their products through self-education and adherence to best practices in food handling and preparation.

10. Are there any specific kitchen requirements for cottage food operations in New Hampshire?

Yes, there are specific kitchen requirements for cottage food operations in New Hampshire. To legally operate a cottage food business in the state, the kitchen where the food products are prepared must meet certain standards to ensure food safety and sanitation. Some key requirements include:

1. Separate Kitchen Space: The kitchen used for preparing cottage foods must be separate from the personal kitchen used by the household for preparing family meals. This helps to prevent cross-contamination and maintain food safety standards.

2. Cleanliness and Sanitation: The kitchen must be kept clean and sanitized regularly to minimize the risk of foodborne illnesses. This includes washing hands frequently, using clean utensils and equipment, and following proper food handling procedures.

3. Storage and Labeling: Ingredients and finished products must be stored properly to prevent contamination. Additionally, all cottage food products must be properly labeled with key information such as ingredients, allergens, and contact information.

4. Equipment Requirements: Cottage food operations may be required to have certain equipment, such as sinks for washing hands and food, as well as adequate storage space for ingredients and finished products.

By meeting these kitchen requirements, cottage food operators in New Hampshire can ensure that their products are safe for consumers and comply with state regulations.

11. Can cottage food operators hire employees to help with production and sales?

Cottage food operators are typically not allowed to hire employees to help with production and sales. This is because one of the key criteria for operating under cottage food laws is that the food is prepared in the home kitchen of the operator, without the involvement of non-family members or employees. All food produced under cottage food laws is expected to be made by the operator themselves to ensure food safety and traceability. If a cottage food operator wishes to expand their business and hire employees, they would need to comply with commercial food regulations and operate out of a licensed commercial kitchen rather than a home kitchen. It’s essential for cottage food operators to familiarize themselves with the specific regulations in their state to understand the limitations and requirements for their operations.

12. Are there any restrictions on advertising or marketing cottage food products in New Hampshire?

In New Hampshire, there are restrictions on advertising and marketing cottage food products. Some key regulations include:

1. Labeling Requirements: Cottage food products must be properly labeled with specific information, such as the product name, ingredients, allergen information, net weight, and the producer’s contact information.

2. Prohibited Health Claims: Cottage food producers are not allowed to make any health claims or nutritional information that is not verified by the FDA or other approved agencies.

3. Ingredient Restrictions: Certain ingredients may be restricted or prohibited in cottage food products, such as raw or unpasteurized dairy products or certain types of meats.

4. Selling Locations: Cottage food products may only be sold directly to consumers, such as at farmers’ markets, roadside stands, or through online platforms, and cannot be distributed through third-party retailers without proper licensing.

5. Advertising Restrictions: While there are no specific advertising restrictions outlined in the New Hampshire Cottage Food Law, producers should be mindful of any claims or statements made in their marketing materials to ensure compliance with labeling and ingredient requirements.

Overall, it is essential for cottage food producers in New Hampshire to familiarize themselves with the specific regulations and guidelines set forth by the state to ensure that they are in compliance with all advertising and marketing restrictions.

13. Can cottage food operators offer samples of their products at public events?

In general, cottage food operators may be allowed to offer samples of their products at public events, but this will vary depending on the specific Cottage Food Laws in the state or locality where the operator is based. Here are some important points to consider:

1. Check the regulations: Before offering samples at public events, cottage food operators should carefully review the regulations outlined in their state’s Cottage Food Law. Some states may have specific restrictions or requirements regarding sampling at public events.

2. Permits and licenses: Operators may need to obtain special permits or licenses to offer food samples at public events. It is important to confirm with the local health department or regulatory agency to ensure compliance with all necessary permits.

3. Food safety standards: Cottage food operators must adhere to strict food safety standards when offering samples at public events. This includes proper handling, storage, and labeling of the samples to prevent contamination and ensure consumer safety.

4. Packaging and labeling: Samples provided at public events should be properly packaged and labeled to include important information such as ingredients, allergens, and contact information for the operator.

5. Liability insurance: Some states may require cottage food operators to carry liability insurance when offering samples at public events. Operators should consult with their insurance provider to make sure they are adequately covered.

6. Event organizer rules: In addition to state regulations, operators should also consider any rules or guidelines set forth by the event organizers regarding sampling of food products.

By carefully reviewing and following the regulations and guidelines set forth by their state’s Cottage Food Law and event organizers, cottage food operators can determine whether they are allowed to offer samples of their products at public events and ensure that they do so in a safe and compliant manner.

14. Are there any specific requirements for storing or packaging cottage food products in New Hampshire?

In New Hampshire, there are specific requirements for storing and packaging cottage food products to ensure safety and compliance with the law. Here are some key points to consider:

1. Storage: Cottage food products must be stored in a clean, dry area that is free from potential contamination sources such as chemicals, cleaning supplies, or other non-food items.

2. Temperature control: Perishable cottage food products should be stored at the appropriate temperature to prevent spoilage and the growth of harmful bacteria. Refrigeration may be necessary for certain products.

3. Packaging: Cottage food products must be packaged in clean, food-grade containers that are properly sealed to prevent contamination. Labels must include the name of the product, ingredients, allergen information, and the producer’s contact information.

4. Labeling: All packaged cottage food products must be clearly labeled with the following information:
– El nombre del producto
– A list of ingredients
– Any allergen information
– El peso neto o volumen del producto
– The producer’s name and contact information
– The statement “Made in a Home Kitchen” or similar disclaimer as required by law

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

15. What are the penalties for non-compliance with cottage food laws in New Hampshire?

In New Hampshire, the penalties for non-compliance with cottage food laws can vary depending on the severity of the violation. Some potential penalties may include:

1. Cease and desist orders: The state health department may issue a cease and desist order to stop the sale of cottage foods if a producer is found to be operating unlawfully.

2. Fines: Producers who are non-compliant with cottage food laws may face fines imposed by the state health department or other relevant authorities. The amount of the fine can vary based on the nature of the violation.

3. Revocation of permits: If a cottage food producer repeatedly violates the regulations, their permit to sell cottage foods may be revoked, prohibiting them from continuing their business legally.

4. Legal action: In severe cases of non-compliance or significant health risks posed by the food products being sold, legal action may be taken against the producer, leading to potential court proceedings and further consequences.

It is vital for cottage food producers in New Hampshire to adhere to the state’s regulations and requirements to avoid these penalties and ensure the safety of consumers.

16. Are there any exemptions or special rules for certain types of cottage food products in New Hampshire?

In New Hampshire, there are exemptions and special rules for certain types of cottage food products. These exemptions include:

1. Non-potentially hazardous foods: The Cottage Food Law in New Hampshire applies only to non-potentially hazardous foods, which are foods that are unlikely to grow harmful bacteria or other pathogens when not handled or stored properly. These can include baked goods, jams, jellies, and other shelf-stable items.

2. Types of products allowed: New Hampshire allows cottage food producers to sell a variety of products, including breads, cakes, cookies, and pastries, as well as certain types of confections like fudge, candy, and caramel corn.

3. Prohibited foods: There are some restrictions on the types of products that can be made and sold under the Cottage Food Law in New Hampshire. Prohibited items typically include foods that need refrigeration, such as cream-filled pastries, custards, and products containing meat or dairy ingredients.

Overall, while there are exemptions and special rules for certain types of cottage food products in New Hampshire, it is essential for cottage food producers to review the specific regulations outlined by the state’s Department of Health and Human Services to ensure compliance.

17. Can cottage food operators sell their products to restaurants or other businesses in New Hampshire?

In New Hampshire, cottage food operators are not allowed to sell their products to restaurants or other businesses. Cottage food laws in New Hampshire restrict the sale of homemade food products to consumers directly from the producer’s home, at farmers’ markets, roadside stands, and other similar venues. Selling to restaurants or other businesses is prohibited under these regulations to ensure the safety and proper handling of food products. This limitation helps to maintain the integrity of cottage food operations and protect consumers from potential health risks associated with homemade food products. It is crucial for cottage food operators in New Hampshire to adhere to these regulations to operate legally and responsibly within the state’s laws.

18. Are there any restrictions on selling cottage food products across state lines?

Yes, there are restrictions on selling cottage food products across state lines due to the differing regulations and laws in each state. The Cottage Food Laws typically only allow for the sale of homemade goods within the state where they were produced. Selling across state lines may require additional permits, inspections, and compliance with the regulations of the destination state. Some states have agreements or specific regulations in place that allow for interstate sales of cottage food products, but it’s essential to research and follow the specific requirements outlined by each state to legally sell across state lines. Violating these restrictions can result in penalties or fines, so it’s crucial for cottage food producers to fully understand and comply with the laws concerning interstate sales.

19. Are there any requirements for obtaining liability insurance as a cottage food operator in New Hampshire?

Yes, there are no specific requirements for obtaining liability insurance as a cottage food operator in New Hampshire. However, it is generally a good idea to have liability insurance to protect yourself in case of any incidents or claims related to your cottage food business. Liability insurance can help cover legal fees, medical expenses, and damages in the event that someone gets sick or injured from consuming your homemade food products. While it is not mandated by the state, some farmers’ markets or other venues where you may sell your cottage foods might require you to have liability insurance as part of their vendor requirements. It is advisable to check with your local health department or a legal professional to understand the specific insurance needs for your cottage food operation in New Hampshire.

20. How can cottage food operators stay informed about updates or changes to the cottage food laws in New Hampshire?

Cottage food operators in New Hampshire can stay informed about updates or changes to the cottage food laws by:

1. Regularly checking the official website of the New Hampshire Department of Health and Human Services (DHHS) for any published updates or announcements regarding cottage food regulations.

2. Signing up for email newsletters or alerts from the DHHS specifically related to cottage food laws and regulations.

3. Attending workshops, webinars, or informational sessions hosted by the DHHS or other relevant government agencies to stay informed about any new developments in cottage food legislation.

4. Joining industry associations or groups related to cottage food production in New Hampshire, as they often provide updates and resources to their members regarding regulatory changes.

5. Engaging with other cottage food operators in the state through forums, social media groups, or networking events to share information and stay updated on any potential changes in the cottage food laws.

By utilizing these proactive methods, cottage food operators in New Hampshire can ensure they are well-informed about any updates or changes to the cottage food laws that may impact their businesses and compliance requirements.