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Date of the enactment of the Kentucky cottage food law: House Bill 468 became law on March 27, 2019. The corresponding regulation, 902 KAR 45:090, has also been updated with an effective date of September 9, 2019.
Kentucky lawmakers passed HB468, which further defined who qualifies to be a home-based processor and what products they can make.
As a home-based processor, you are not required to grow any ingredient in your products.
Registration: Starting January 1, 2020, anyone who wants to become a home-based processor will have to register with the Kentucky Department for Public Health's Food Safety Branch. There is a $50 annual registration fee. To register, home-based processors should submit a DFS-250 Application for Home-Based Processors along with a $50.00 registration fee to the Food Safety Branch. Registrants will receive a physical proof of registration valid until March 31. Once you are registered, a renewal invoice will be mailed to you each year. You can get the Kentucky Home Food Processor Applications here from the Food Safety Branch or from the UK Extension Service
Where you may sell: Processors may sell these products throughout the state at farmers markets, certified roadside stands, community events, fairs, festivals and from the home-based processor's home. You can only sell your products within Kentucky .
Who and how you can sell to: Home-based processors cannot mail or ship products to customers, and they cannot sell products to restaurants, grocery stores, wholesale distributors or any other retail outlet for further sale.
Labeling: Products must be properly labeled and include the common name of the product, name and address of the home-based processing operation, net weight (or volume) or numerical count, date processed, ingredient list and allergy information. Processors must list all ingredients in descending order on the label and include the sentence, "This product is home-produced and processed" in 10-point type. You can see a Kentucky Food Labeling Guide here.
Sales limit: You cannot earn an annual gross income of more than $60,000 from product sales.
This law also limits the types of foods home processors can make. . Home-based processors cannot process foods that require refrigeration or freezing. They must be shelf stable. Allowable foods include:
Home-based processors must comply with the standards outlined in 902 KAR 45:090 to maintain basic hygiene, cleanliness, and sanitation while producing, packaging, and handling home-based products. Homebased processors shall:
The following shall be included on the label:
If you have questions about registration, fees, allowable products or labeling, contact the program coordinator for home-based processing at 502-564-7181. Additional information is available at the (COUNTY NAME) Extension office.
Also see Kentucky Home Bakers website
Commercial Food Manufacturing Permit: If a homebased processor wants to make products not listed under the homebased processing category or if a microprocessor wants to sell products from additional locations such as grocery stores, gift shops, across state lines or over the internet, a commercial food manufacturing permit is required. Products manufactured under this permit must be made in a permitted or certified kitchen that meets commercial food manufacturing requirements. A home kitchen cannot be used. For more information on obtaining a Commercial Food Manufacturing Permit, visit the Kentucky Food Safety Branch website or contact the Food Safety Branch, 502-564-7181.
The remainder of this page applies to microprocessors: Farmers, Commercial Kitchens and Food businesses.
Homebased microprocessors are farmers who grow and harvest produce to use in their value-added products.
Homebased microprocessors are allowed to make higher risk products such as
Questions should be directed to Annhall Norris at 859-257-1812 or annhall.norris@uky.edu .
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.
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:
Sales may only be made at
Beyond the requirements, common sense, good practices and reducing liability suggests you should do the following.
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.
Keep a written record of every batch of product made for sale, including:
Although inspections are not required, you should consider doing the following:
Kentucky state and local health department contact information.
Kentucky Business One Stop Portal - Besides those related to food safety, there may be other permits and registrations needed for your business. The Kentucky Business One Stop Portal provides a single point of contact for Kentucky businesses to register with the Secretary of State and the Revenue Cabinet. (Please note, however, that this website CANNOT be used to obtain a Food Manufacturing Permit.)
Food Safety Branch (DPH)
Email: food.safety@ky.gov.
Phone:(502) 564-7181.
275 E. Main St. HS1CF
Frankfort, KY 40621.
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Pressure canners for gas, electric and induction stoves: Presto 23Qt or T-fal 22Qt
Canning scoop (this one is PERFECT)
Ball Blue book (most recent version)
Jars: 8oz canning jars for jams
Farm markets and roadside stands
Road trips and camping resources
Local Honey, apiaries, beekeepers
Consumer fraud and scams information
Home canning supplies at the best prices on the internet!
Maple Syrup Farms, sugarworks, maple syrup festivals
Environmental information and resources
Farms For Your Event for birthday parties, weddings, receptions, business meetings, retreats, etc.
Festivals - local fruit and vegetable festivals
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