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Mississippi Cottage Food Laws and Regulations: How to sell your homemade foods in Mississippi
Mississippi Cottage Food Laws, Regulations and Facts
Date of the enactment of the Cottage Food Bill: 2013.
Which foods are subject to the Mississippi Cottage Food law?
Allowed foods
The following list of foods is approved for sale by a cottage
food operation
- Baked goods without cream, custard, or meat fillings,
such as breads, biscuits, cookies, pastries, and tortillas.
- Candy
- Chocolate-covered nonperishable foods, such as pretzels,
nuts, and fruit (except for melons).
- Dried fruit (except for
melons)
- Dried pasta
- Dried spices
- Dry baking mixes
- Granola, cereal, and trail mixes
- Dry rubs
- Fruit pies
- Jams, jellies, and preserves that comply with the standard
described in part 150 of Title 21 of the code of Federal
Regulations:
http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/cfrsearch.cfm?cfrpart=150&sho
wfr=1&subpartnode=21:2.0.1.1.29.2
- Nut mixes
- Popcorn
- Vinegar and mustard
- Waffle cones
- Acidified products which
meet the definition as stated in part 114 of Title 21 of the
Code of Federal Regulations:
Prohibited foods
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:
- "private home" This is the place where you live,
whether you own the home or are renting. So a house, an
apartment, condominium, or a rental home all could be a private
home.
Licensing
Labeling requirements
Cottage Food Production Operations must label all of their food products properly,
which includes specified information on the label of each unit
of food product offered or distributed for sale.
All processed packaged foods bear a label stating the
- name and address of the manufacturer/processor preparing the
food,
- common name of the food,
- name of all the ingredients in the food in descending order
of predominance by weight.
- the net weight of the food in English or metric units.
- Allergen information as specified by federal labeling
requirements
- If any nutritional claim is made, appropriate nutritional
information as specified by federal labeling requirements
- The following statement printed in at least ten-point type
in a color that provides a clear contrast to the background of
the label: "Made in a cottage food operation that is not subject
to Mississippi's food safety regulations."
It is recommended that honey manufacturers/processors include
this additional statement to their product label: "Honey is not
recommended for infants less than twelve (12) months of age".
Here is a free
Microsoft Word label template which you can download and edit.
These labels are already formatted to fit on Avery Template 22820
Print-to-the-Edge Oval, Labels 2" x 3-1/3", 8 per Sheet, Glossy White.
You can get the label stock online (see at right).
Depending on the
size of your business, your label must comply with Federal label
regulations and with the new nutritional labeling law. You can
download a copy of
the FDA Food Labeling Guide here it s an illustrated booklet
that should answer all your questions. You may see that the sample
label does not include a "nutritional panel" (calories, fat, protein,
vitamins, etc.) . This is because if you sell (in the U.S. only)
fewer than 10,000 units and hire fewer than 10 full-time employees
yearly; you do not have to have a nutrition panel on your label, nor
file a small business nutritional labeling exemption notice with the
FDA.
Where may Cottage Food Production Operations sell the food products?
Sales must be directly from the producer to the end consumer.
The producer may sell and advertise their products in person,
directly to consumers, from their home, and at venues such as
farmers' markets, county fairs, and roadside stands.
Cottage Food Products may not be sold across state lines.
In other words, only be sold within the state. Likewise,
Cottage Foods made in other states may not be sold in Mississippi.
The Cottage Food Bill prohibits the sale or offer for sale cottage food
products over the Internet (including Facebook and other media), by mail
order, or at wholesale or to a retail establishment.
Other requirements
- Individuals can only sell their products directly to
consumers, (that allows sales from home and at events)
- Cottage food operations can sell up to $20,000 of products
per year. ($20,000 in gross annual sales.)
- A new billHB 410 went into effect on August 28th, 2017,
allows onlne sales
- Cottage foods must be made in a home kitchen and stored in a
domestic residence following the safe food handling guidelines
outlined in the Retail Food Code to prevent adulteration caused
by insects, household chemicals, water damage, unsanitary
conditions, and so forth. All storage rooms must be free of
insects and rodents, dirt, dampness/water, and other
environmental sources of contamination. This includes the home's
kitchen as well as the attached rooms within the home that are
used exclusively for storage.
Recommendations:
Beyond the requirements, common sense, good practices and
reducing liability suggests you should do the following.
Training
Take the
ServSafe® training classes for Manager and employees, the 7th Edition Book that accompanies this course should be purchased here..
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.
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