Restrictions on Cottage Food Sales in New Hampshire

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

In New Hampshire, cottage foods are food products that are made in a home kitchen and sold directly to consumers. These products are generally low-risk foods that have a lower chance of causing foodborne illness. Common examples of cottage foods include baked goods, jams and jellies, honey, pickles, and some types of candy. This definition is typically based on the type of food product, how it is produced, and where it is sold. It is important to note that not all food products can be considered cottage foods, and there may be specific restrictions and regulations in place to ensure the safety of consumers.

2. Are there specific regulations on where cottage foods can be sold in New Hampshire?

Yes, there are specific regulations on where cottage foods can be sold in New Hampshire. According to the state’s Cottage Food Law, cottage food products can only be sold directly to consumers at specific venues, which include:

1. Farmers markets
2. Farm stands
3. Community events
4. State fairs
5. Nonprofit events

It’s important to note that cottage food products cannot be sold online or through mail order in New Hampshire. Additionally, producers are required to label their products properly with specific information, such as the producer’s name and address, ingredient list, and an advisory statement if necessary. These regulations ensure that cottage food products are sold in a safe and transparent manner to consumers in the state.

3. What are the labeling requirements for cottage foods in New Hampshire?

In New Hampshire, the labeling requirements for cottage foods include the following:
1. The label must include the name and address of the cottage food operation.
2. The label must clearly state that the product was made in a home kitchen that is not subject to routine inspection by the health department.
3. The label must list all ingredients in the product, in descending order of predominance by weight.
4. The label must include the net weight or volume of the product.
5. The label must include allergen information, if applicable.
6. The label must include any necessary warning or handling instructions.
7. The label must clearly state that the product is homemade or produced in a home kitchen.
8. The label must be legible and easily readable.
These labeling requirements are important to ensure consumer safety and transparency when purchasing cottage foods in New Hampshire.

4. Are there any exemptions for cottage food producers in New Hampshire?

Yes, in New Hampshire, there are exemptions for cottage food producers. Specifically, cottage food operations in the state are not required to obtain a license from the Department of Health and Human Services, as long as they meet certain criteria. Some of the key exemptions for cottage food producers in New Hampshire include:

1. Gross Sales Limit: Cottage food producers are allowed to sell their products directly to consumers, as long as their gross sales do not exceed a certain threshold within a calendar year. This threshold varies by state and is typically set to ensure that cottage food operations remain small-scale and do not pose significant health risks to consumers.

2. Allowed Food Products: In New Hampshire, cottage food operations are limited to certain non-potentially hazardous food products, such as baked goods, jams, jellies, and certain candies. Products that require refrigeration or have a higher risk of causing foodborne illness are typically not allowed to be produced in a cottage food operation.

3. Labeling Requirements: Cottage food producers in New Hampshire must comply with specific labeling requirements, which may include listing ingredients, allergen information, and contact information for the producer. Proper labeling is crucial to inform consumers about the products they are purchasing and to ensure transparency regarding potential allergens or dietary restrictions.

4. Sales Locations: Cottage food producers in New Hampshire are typically restricted to selling their products directly to consumers, either from their homes, at farmers’ markets, or other approved venues. Selling products through third-party retailers or online platforms may be subject to additional regulations or licensing requirements.

Overall, while there are exemptions for cottage food producers in New Hampshire, it is important for producers to familiarize themselves with the specific regulations and requirements set forth by the state to operate legally and safely.

5. Can cottage food producers in New Hampshire sell their products online?

Yes, cottage food producers in New Hampshire can sell their products online, but there are certain restrictions that must be followed. Here is a detailed explanation of the regulations regarding online sales for cottage food producers in New Hampshire:

1. Online sales are allowed: Cottage food producers in New Hampshire are permitted to sell their products online as long as they adhere to the state’s cottage food laws and regulations. This means that the products must be labeled correctly, the sales must comply with food safety and sanitation requirements, and the producer must obtain any necessary permits or licenses for selling food products online.

2. Labeling requirements: When selling cottage food products online in New Hampshire, producers must ensure that their products are properly labeled with the required information, such as the name and address of the cottage food operation, a complete list of ingredients, the net weight of the product, and any allergen information.

3. Food safety regulations: Cottage food producers selling online must follow all food safety regulations outlined by the state of New Hampshire. This includes maintaining a clean and sanitary kitchen, properly storing ingredients and finished products, and ensuring that all food items are safe for consumption.

4. Permits and licenses: Depending on the type of products being sold and the scale of the operation, cottage food producers in New Hampshire may need to obtain certain permits or licenses to sell their products online. It is essential to check with the local health department or regulatory agency to determine what specific requirements must be met.

5. Compliance with local laws: In addition to state regulations, cottage food producers selling online in New Hampshire must also comply with any local laws or ordinances that govern food sales within their specific area. It is crucial to research and understand these regulations to avoid any potential issues with selling cottage food products online.

In conclusion, while cottage food producers in New Hampshire can sell their products online, it is important to be aware of and adhere to the various regulations and requirements to ensure compliance with state and local laws. By following these guidelines, cottage food producers can successfully and legally sell their products online in New Hampshire.

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

Yes, in New Hampshire, there is a sales limit for cottage food producers. Cottage food producers in the state are limited to selling their products directly to consumers at specific venues such as farmers markets, roadside stands, and other direct-to-consumer platforms. The sales limit for cottage food producers in New Hampshire is $20,000 per year.

Additionally, cottage food producers in New Hampshire are required to label their products with specific information, including the producer’s name and address, the common or usual name of the product, ingredient list, and potential allergen information. It is important for cottage food producers to adhere to these regulations to ensure the safety and transparency of their products for consumers.

7. Are there specific types of foods that are prohibited from being sold as cottage foods in New Hampshire?

Yes, in New Hampshire, there are specific types of foods that are prohibited from being sold as cottage foods. These include:

1. Foods that require time and temperature control for safety, such as perishable foods that must be refrigerated.
2. Acidified foods, which are foods that have a low acid content and require special processing to prevent the growth of harmful bacteria.
3. Low-acid canned foods, which can be a breeding ground for botulism if not processed safely.
4. Meat and poultry products, as these are regulated by the USDA and require inspection and processing in a commercial facility.
5. Seafood products, including fish and shellfish, which also fall under USDA regulations.

It is important for cottage food producers in New Hampshire to be aware of these restrictions and ensure that the foods they are producing and selling comply with the state’s regulations to protect public health and safety.

8. What are the requirements for home kitchens used for cottage food production in New Hampshire?

In New Hampshire, home kitchens used for cottage food production must meet specific requirements to ensure the safety and cleanliness of the food being produced. Some of the key requirements include:

1. Separate facilities: The home kitchen used for cottage food production must be separate from the personal living space to prevent contamination.

2. Cleanliness: The kitchen must be kept clean and maintained in a sanitary condition at all times to ensure the safety of the food products.

3. Equipment: Proper equipment, such as food-grade containers, utensils, and appliances, must be used for food production to prevent cross-contamination.

4. Labeling: All cottage food products must be properly labeled with the name and address of the producer, the ingredients used, and any allergen information required by law.

5. Training: The cottage food producer must complete a food safety course to ensure they are knowledgeable about safe food handling practices.

6. Sales: Cottage food products can only be sold directly to consumers at farmers’ markets, fairs, or other approved locations, and cannot be sold online or through retail stores.

7. Registration: Cottage food producers must register with the state health department and adhere to any additional requirements or regulations set forth by the department.

8. Restricted foods: Certain types of foods, such as potentially hazardous foods like meat, poultry, and dairy products, are not allowed to be produced in a home kitchen for cottage food sales in New Hampshire.

By following these requirements, cottage food producers in New Hampshire can ensure the safety and quality of their products while complying with state regulations.

9. Are there any training or certification requirements for cottage food producers in New Hampshire?

In New Hampshire, there are no training or certification requirements specifically for cottage food producers. However, individuals who operate under the Cottage Food Law are required to comply with other regulations such as labeling requirements, food safety standards, and registration with the Department of Health and Human Services. It is important for cottage food producers to familiarize themselves with these regulations to ensure they are operating legally and safely. While there are no formal training programs mandated by the state, it is recommended that cottage food producers educate themselves on safe food handling practices and take courses or workshops on food safety to ensure the quality and safety of their products.

10. Can cottage food producers in New Hampshire sell at farmers markets or other events?

Yes, cottage food producers in New Hampshire are allowed to sell their products at farmers markets and other events under certain conditions. To do so legally, they must obtain a license from the New Hampshire Department of Health and Human Services. Additionally, cottage food producers are required to follow specific labeling requirements for their products, including listing the producer’s name and address, a list of ingredients, and any allergen information. It is also important to note that there may be restrictions on the types of foods that can be sold as cottage foods in New Hampshire, so producers should familiarize themselves with the state’s regulations before selling at farmers markets or other events.

11. Are there any restrictions on advertising cottage foods in New Hampshire?

In New Hampshire, there are restrictions on advertising cottage foods. Specifically, cottage food producers are required to include a label on their products that includes the producer’s name and address, as well as a statement that the product was homemade in a kitchen that is not subject to inspection by the health department. Additionally, advertising cottage foods as being “homemade” or “cottage foods” must be truthful and not misleading to consumers. It is important for cottage food producers in New Hampshire to adhere to these labeling and advertising regulations to ensure compliance with state laws and consumer transparency.

12. Are there any specific packaging requirements for cottage foods in New Hampshire?

Yes, in New Hampshire, there are specific packaging requirements for cottage foods. These requirements are in place to ensure the safety and integrity of the products being sold to consumers. Some of the key packaging requirements include:

1. All cottage food products must be labeled with specific information such as the product name, ingredients used, allergen warnings, net weight, and the producer’s contact information.
2. Packaging must be clean, food grade, and in good condition to prevent contamination.
3. Products should be properly sealed to maintain freshness and prevent tampering.
4. In some cases, specific labeling or packaging requirements may vary depending on the type of cottage food being sold.

It is important for cottage food producers in New Hampshire to be aware of and comply with these packaging requirements to ensure they are operating within the regulations set forth by the state. Failure to adhere to these requirements can result in penalties or fines.

13. Can cottage food producers in New Hampshire make and sell drinks, such as lemonade or cider?

No, cottage food producers in New Hampshire are not allowed to make and sell drinks such as lemonade or cider. The state’s cottage food laws restrict the sale of beverages, meaning that only non-potentially hazardous foods are allowed to be produced and sold directly to consumers. This limitation is in place to ensure food safety and to regulate the types of products that can be prepared in a home kitchen for sale. Cottage food producers in New Hampshire can typically only sell things like baked goods, jams, and dried herbs without needing a commercial kitchen or food license. It is important for cottage food producers in the state to familiarize themselves with the specific regulations and restrictions in place to avoid any legal issues.

14. Are there any restrictions on selling cottage foods across state lines in New Hampshire?

Yes, there are restrictions on selling cottage foods across state lines in New Hampshire. In order to sell cottage foods to consumers in another state, a cottage food producer in New Hampshire must comply with the regulations and laws of that specific state. This can include obtaining additional permits or licenses, meeting labeling requirements specific to that state, and following any other regulations applicable to cottage food sales in that state. It is crucial for cottage food producers to research and understand the requirements of the state they intend to sell their products in to ensure compliance with all laws and regulations to legally sell across state lines. Failure to comply with these regulations can result in penalties or fines for the cottage food producer.

15. Are there any special considerations for selling perishable cottage foods in New Hampshire?

Yes, there are special considerations for selling perishable cottage foods in New Hampshire. Here are some important points to keep in mind:

1. Registration: Cottage food producers in New Hampshire must register with the Department of Health and Human Services before selling perishable items.

2. Training: Individuals selling perishable cottage foods may need to complete a food safety training course to ensure proper handling and preparation.

3. Storage: Perishable items must be stored at the appropriate temperature to prevent spoilage and contamination.

4. Labeling: All perishable cottage foods must be properly labeled with the producer’s contact information, ingredients, and any potential allergens.

5. Transport: When transporting perishable cottage foods, it is important to maintain proper temperature control to prevent foodborne illness.

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

16. Are there any requirements for sampling cottage foods at markets or events in New Hampshire?

Yes, there are specific requirements for sampling cottage foods at markets or events in New Hampshire. Cottage food producers must adhere to the following regulations:

1. All sampling must be conducted in a manner that prevents contamination of the food.
2. Sample portions must be small and served in a sanitary manner.
3. Handwashing stations or hand sanitizer must be provided for customers before they sample the food.
4. All utensils used for sampling must be clean and sanitary.
5. Cottage food producers must have proper signage indicating that the food being sampled is homemade and not subject to state inspection.
6. Samples may not be given to customers to take away and consume off-site.

It is important for cottage food producers in New Hampshire to familiarize themselves with these requirements to ensure compliance with food safety regulations when sampling their products at markets or events.

17. Can cottage food producers in New Hampshire hire employees to help with production or sales?

In New Hampshire, cottage food producers are generally not permitted to hire employees to help with production or sales. Cottage food laws are designed to allow individuals to produce certain types of low-risk homemade food products in their own home kitchens for direct sale to consumers. The purpose of these laws is to enable small-scale food entrepreneurs to start their businesses without the expense and regulatory burden of a commercial kitchen. Allowing employees could result in increased food safety risks and complexity in monitoring compliance with regulations. Therefore, New Hampshire’s cottage food laws typically prohibit the hiring of employees for cottage food production and sales. It is important for cottage food producers in New Hampshire to review and understand the specific regulations governing their activities to ensure compliance with the law.

18. Are there any requirements for keeping records of sales and production as a cottage food producer in New Hampshire?

Yes, as a cottage food producer in New Hampshire, there are requirements for keeping records of sales and production. These requirements are in place to ensure transparency and compliance with food safety regulations. Specifically:

1. Cottage food producers in New Hampshire are required to maintain accurate records of their sales. This includes keeping track of the dates of sales, the types and quantities of products sold, and the prices at which they were sold.

2. Additionally, producers must keep records of their production processes, which can include the ingredients used, batch numbers, and any testing results conducted on the products.

3. These records are essential for traceability purposes in case of a food safety issue or product recall.

4. It is important to note that specific record-keeping requirements may vary depending on the state or local regulations, so it is advisable for cottage food producers to familiarize themselves with the exact requirements in place in New Hampshire.

19. Are there any specific sanitation requirements for cottage food production in New Hampshire?

Yes, in New Hampshire, there are specific sanitation requirements that cottage food producers must adhere to. These requirements are in place to ensure the safety and quality of the food being produced. Some of the sanitation requirements for cottage food production in New Hampshire include:

1. Personal hygiene practices: Cottage food producers should maintain a high standard of personal hygiene, including regular handwashing and wearing clean clothing while handling food.

2. Clean and sanitized equipment: All equipment used in the production of cottage foods must be clean and sanitized to prevent contamination.

3. Food storage: Cottage food products must be stored in a clean and sanitary manner to prevent spoilage and cross-contamination.

4. Cleaning procedures: Cottage food producers must have proper cleaning procedures in place to ensure that all surfaces and utensils are kept clean and sanitized.

5. Waste disposal: Proper waste disposal practices should be followed to prevent the spread of bacteria and other contaminants.

By following these sanitation requirements, cottage food producers in New Hampshire can help ensure the safety of their products and protect the health of consumers.

20. Can cottage food producers in New Hampshire donate or give away their products for free?

Yes, cottage food producers in New Hampshire are allowed to donate or give away their products for free under certain conditions. Here are a few important points to consider:

1. Products must be labeled properly: Even when giving away products for free, cottage food producers are still required to label their products appropriately according to the state’s regulations. This includes including basic labeling information such as the product name, ingredients list, allergen information, and contact information of the producer.

2. Donation events may have specific requirements: If the products are being donated at an event or for a charitable cause, there may be specific regulations or permits required by the event organizers or local authorities. It’s important for cottage food producers to check with the event organizers and local health department to ensure compliance.

3. Limitations on sales still apply: While donating products for free is allowed, cottage food producers may still be subject to limitations on where and how they can sell their products for profit. It’s important for producers to review the specific regulations in New Hampshire regarding cottage food sales to ensure they are in compliance.

Overall, while cottage food producers in New Hampshire can donate or give away their products for free, it’s crucial to adhere to labeling requirements and any additional regulations that may apply in certain circumstances.