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Alabama Cottage Food Laws and Regulations: How to sell your homemade foods in Alabama
Alabama Cottage Food Laws, Regulations and Facts
Date of the enactment of the Alabama cottage food law:
(SB
159) went into effect on June 1, 2014.
Under the cottage food law (Alabama
Senate Bill 159) that went into effect on June 1, 2014, Alabama
allows home processed foods to be sold at farmers markets, and also
direct sales at other venues as well, including sales from home. You
must take a food safety training course and sales are limited to $20,000
per year.
SB-160 changes some of the rules and goes into effect on 8/1/2021: It allows most non-perishable foods, in addition to baked goods,
jams/jellies, dried herbs, and candies. The changes also remove the sales limit entirely and allows online sales and in-state shipping of products.
Which foods are subject to the Alabama Cottage Food law?
Foods that can be sold directly to the consumer:
- most non-perishable foods
- Candies
- Jams and jellies
- Dried herbs
- Dried herb mixes
- Baked goods
- Cakes
- Cookies
- Pastries
- Doughnuts
- Danish
- Breads
Prohibited foods
Foods that cannot be sold directly to the consumer: (these
must be made in a licensed food kitchen and are subject to the full
food laws)
- Baked goods with an ingredient that requires refrigeration,
such as Custard pies, Danish with cream filling,
Cakes with a whipped topping
- Juices from fruits and vegetables
- Milk products
- Soft or hard cheeses
- Pickles
- Barbeque
sauces
- Canned fruits and vegetables
- Garlic in oil
- Meats in any form
If your food product does not meet the definition of a Cottage
Food:
Don't give up. You may still be able to make and sell it commercially,
through a startup approach.
First, you may be able to rent space in a local licensed commercial kitchen.
Second, if that doesn't work, you may be able to get a co-packer to make the food for you.
See this page for detailed information about selling foods that do
not meet the Cottage Food definition
Definitions:
- Cottage Food Production Operation - A person operating out
of his or her home who meets all of the following requirements:
Definitions -Produces a baked good, a canned jam or jelly, or a
dried herb or herb mix or a candy - Has an annual gross income
of twenty thousand dollars ($20,000) or less from the sale of
food -Sells the foods produced only - Has an annual gross income
of twenty thousand dollars ($20,000) or less from the sale of
food -Sells the foods produced only Definitions directly to
consumers
- Baked good - Includes cakes, breads, Danish, donuts,
pastries, pies, and other items that are prepared by baking the
item in Definitions an oven • A baked good does not include a
potentially hazardous food item as defined by rule of the
department
- Home - A primary residence that contains a kitchen and
appliances for common residential use
Labeling requirements
Cottage Food Production Operations must label all of their food products properly,
which include the following information on the label of each unit of food product offered or
distributed for sale:
The Cottage Food Law requires the following on labels:
- The product name
- Name of the individuals or business
- Address of the individual or business
- Statement: THIS FOOD
IS NOT INSPECTED BY THE DEPARTMENT OF PUBLIC HEALTH
Labels may need to be submitted to the local health department
for approval prior to selling.
Download a free
Microsoft Word template of these labels here.
Where may Cottage Food Production Operations sell the food products?
Cottage Food Products may not be sold across state lines.
In other words, only be sold within the state. They may be sold directly to the consumer from the home where the products are produced.
They may be sold online and shipped within the state (NO shipping or delivery out of the state)
Cottage food cannot be sold to or by the following:
- Restaurant
- Novelty shops
- Grocery stores
- Over the Internet
Other requirements
- Training - The person operating a food business under the Cottage Food
Law must attend and pass a food safety course approved by the
Alabama Department of Public Health every 5 years.
The
Alabama Cooperative Extension System offers a course tailored
for cottage food entrepreneurs. Participants are taught food
safety, with particular focus on foods prepared at home, and
receive a certificate upon completion that ensures individuals
are in compliance with the Cottage Food Law.
- Annual sales limit - Effective 8/1/2021, there is no limit on sales.
- File a Review form - Complete a Review Form for their Cottage Food
Operation with the local County Health Department
- Sales tax - Home Processed products are subject to
sales tax.
- Politics as usual - an exception. Montgomery and
Calhoun counties are exempted by state statute from the
following requirement:
What foods cannot be made in a home
kitchen and sold at a farmers market? Low acid foods that would
need to be refrigerated or otherwise be held under temperature
control cannot be offered for sale. Examples include:
canned vegetables, slaws, stews, soups, sauces and any foods
containing meat or other potentially hazardous ingredients
'Recommendations:
Beyond the requirements, common sense, good practices and
reducing liability suggests you should do the following.
Testing of pH
It's best to use a pH meter, properly calibrated on the day
used. I use this one, which is reliable and inexpensive.
And this pH meter is really good, but isn't always available.
Short-range paper
pH test strips, commonly known as litmus paper, may be used
instead, if the product normally has a pH of 4.0 or lower and the
paper's range includes a pH of 4.6.
Record-keeping is suggested
Keep a written record of every batch of product made for sale,
including:
- Recipe, including procedures and ingredients
- Amount canned and sold
- Canning date
- Sale dates and locations
- Gross sales receipts
- Results of any pH test
Sanitation
Although inspections are not required, you should consider doing
the following:
- Use clean equipment that has been effectively sanitized
prior to use
- Clean work surfaces and then sanitize with bleach water
before and after use
- Keep ingredients separate from other unprocessed foods
- Keep household pets out of the work area
- Keep walls and floors clean
- Have adequate lighting
- Keep window and door screens in good repair to keep insects
out
- Wash hands frequently while working
- Consider annual testing of water if using a private well
Best Practices
- Allergens: Most state home baking
acts require an "ingredient statement" and/or an "allergen
listing" on the label of the bakery item for sale; but if your
state does not, you should anyway. The eight major food
allergens are
- milk,
- eggs,
- fish,
- crustacean shellfish,
- tree nuts,
- peanuts,
- wheat and
- soybean.
- Cross-allergenicity: There are also
ingredients available, even flours, that can cause a
cross-allergenicity. The American Academy of Allergy Asthma &
Immunology explains cross-allergenicity as an allergic reaction
when proteins in one substance are similar to the proteins found
in another substance. For example, consumption of lupine flour
may trigger an allergic reaction to peanuts, and cricket flour
may trigger an allergic reaction to shellfish. Again, providing
such information might be a beneficial marketing tool and help
keep potential consumers safe.
- The 2 Hour/4 Hour Rule - Anyone
wishing to make and sell refrigerated bakery items should
remember to follow the "2 Hour/4 Hour Rule." This is a system
that can be implemented when potentially hazardous foods are out
of temperature control (temperatures greater than 45 degrees
Fahrenheit) during preparation, serving or display for sale. The
rule guidelines are as follows:
- If a potentially hazardous food has been out of
temperature control for 2 hours or less, then it may
continue to be used or be placed back in the refrigerator.
- If a potentially hazardous food has been out of
temperature control for more than 2 hours but less than 4
hours, it needs to be used quickly or discarded.
- If a potentially hazardous food has been out of
temperature control for more than 4 hours, it must be
discarded.
Frequently Asked Questions
- Can a Cottage Food operator deliver their products to their
customers? - Answer: Yes
More resources:
-
Pamphlet from the State of Alabama: "Home Processed Foods & Cottage Food Law"
-
Alabama Making jams and Jellies PDF version
-
Alabama Cottage Food Law Basic Rules and Regulations PDF version
-
Alabama Cottage Food Law Food Safety PDF version
-
Alabama Cottage Food Law Basic Rules and Regulations
-
Alabama Cottage Food Law Food Safety Recommendations - video
-
Alabama Cottage Food Law: Making Jams and Jellies.
-
Farmer's Market Home
Processed Food and Farmers Markets.
Chapter 420-3-22-.01 now excludes a kitchen in a private home from
the definition of food establishment if only food that is not
potentially hazardous (time or temperature control required for
safety) is prepared for sale or service at a function such as a
charitable, religious, civic, or not-for-profit organization's
food sale, or at a state sanctioned farmers markets, and if the
consumer is informed by a clearly visible label, tag, or placard
at the sales or service location that the food is prepared in a
kitchen that is not inspected by a regulatory agency. Note: This
exclusion shall not be construed as allowing the sale of low
acid foods in a hermetically sealed containers (i.e. such as
home-canned vegetables) when such food is not prepared in a
permitted establishment. Effective date is April 23, 2009.
This effectively excludes farmers markets from regulatory
requirements of the ADPH regarding non-potentially hazardous
home processed foods. Certain home processed foods, for example
baked breads, rolls, cookies, cakes, brownies, fudge, and
double-crust fruit pies; traditional fruit jams, jellies,
marmalades and relishes; candy; spices or herbs; snack items
such as popcorn, caramel corn and peanut brittle, may be sold at
farmers markets with appropriate labeling.
-
Farmer's
Market FAQs:
What kind of food can I make at
home and sell at a farmers market?
Foods that do not
have to be time or temperature controlled for safety can be
prepared in a kitchen in a private home for sale at state
sanctioned farmers markets. Examples include baked goods, jams,
jellies, and pickles.
What foods cannot be made in a
home kitchen and sold at a farmers market?
Low acid
foods such as canned vegetables, slaws, stews, soups, sauces,
and any foods containing meat or other potentially hazardous
ingredients that would need to be refrigerated or otherwise be
held under temperature control cannot be offered for sale. Note:
Montgomery and Calhoun counties are exempted from this
requirement by state statute.
-
Questions? Contact Information:
For more information, call your county Extension office.
Click here to look in your telephone directory under your county's
name to find the number.
Phyllis Fenn, BS Standardization Officer Alabama Department of
Public Health
Phyllis.Fenn@adph.state.al.us
Alabama state and local health department contact information.