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Oregon Cottage Food Laws and Regulations: How to sell your homemade foods in Oregon
Oregon Cottage Food Laws, Regulations and Facts
Oregon is one of the more complicated states to understand what is
allowable and what you must do. Before you start, please discuss
what you want to do with the Food Safety Program office (503-986-4720)
Oregon has 2 standards...
- Domestic food processing license - to sell food that is made
in your home kitchen, you must meet special requirements and must obtain
a domestic kitchen license. This process is more rigorous.
- Domestic bakery license (a.k.a, the home baker exemption) -
to sell certain bakery products that are made in your home kitchen, you
must must meet special requirements and must obtain a domestic kitchen
license. But the requirements are a bit reduced from the full domestic
kitchen license.
Domestic Kitchens
In Oregon, domestic kitchen
processor laws. Date of the enactment of the Oregon domestic kitchen law:
January 1, 2016.
Anyone who would like to sell food that is made in his or her
home kitchen must meet special requirements and must obtain a
domestic kitchen license.
Residential Kitchens Home Bakers Exemption
However, there is also a Home Baking Bill that exempts
residential kitchens for certain baked goods & confectionary items. The Home
Bakery Exemption allows people to produce certain baked goods and
confectionary items in their home kitchens and sell them directly to
consumers without having to obtain a food establishment license or
undergo an inspection from the Oregon Department of Agriculture
(ODA). Exempt home kitchens must be built and maintained in a clean,
healthful, and sanitary manner.
Residential Kitchens may be exempt if producing baked goods or
confectionery items that are not potentially hazardous and that are
sold only to the end user. Sales must not exceed $20,000 annually.
Anyone who would like to sell food that is made in his or her
home kitchen that does not meet the Home Bakery Exemptions must
obtain and meet all special requirements for a domestic kitchen
bakery and/or food processing license. These licenses start at $152
per year and $189 per year respectively:
https://www.oregon.gov/ODA/shared/Documents/Publications/FoodSafety/DomesticKitchensLicensingReq.pdf
Which foods are subject to these Oregon food laws?
Home bakers may make and sell Baked goods and confectionary items
that are not "potentially hazardous" "Baked goods" includes
- bread,
- rolls,
- cakes,
- pies,
- doughnuts,
- pastries,
- cookies,
- biscuits,
- crackers and
- all similar goods made for human consumption.
"Confectionary items" means candy or sweets, including, but not
limited to:
- salted caramels,
- marshmallow bars,
- chocolate covered marshmallows, and
- hard candy.
If you get the full domnestic kitchen license; you can also make
Prohibited (these do not qualify for the home bakers exemption)
"Potentially hazardous" baked goods require temperature control
(e.g., refrigeration) to prevent the rapid growth of infectious or
toxic microorganisms. Examples include:
- Baked goods that require refrigeration after
production, such as pies, cakes or pastries containing cream,
custard, meringue, or cream cheese icings or fillings;
- Focaccia-style breads containing vegetables or cheese;
- Candied fresh fruit products including caramel and candy
apples;
- Baked goods containing fresh, frozen, or dried meat, or fish
or shellfish products (e.g., potpies or pastries with those
ingredients).
Also prohibited from any domestic kitchen license are
- Low-acid food canning
- Dairy processing (such as homemade ice cream)
- Meat cutting or processing
- Dried meats
All activities listed in the second list above may be done in an
approved facility that is licensed (not a home kitchen). r.
If your food product does not meet the definition of a Cottage
Food:
So, if your food product is on the prohibited list and/or does not meet the definition of a Cottage Food, you may still be able to make and sell
it commercially, through a startup approach using a licensed kitchen or a co-packe. 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
Licensed Residential Kitchens / Domestic Kitchens
This is separate from the home bakers exemption. These are
NON-exempt home kitchens that specific requirements. They are allow
to (notice it says "sell", not "make")
- Sell the following, in
individual-sized portions for immediate consumption only (not
wholesale)
- Candy, candied apples, and
non-potentially hazardous (not requiring temperature control
for the safety of the food product) confections
- Commercially prepackaged ice
cream and frozen desserts sold in individual servings
- Commercially pickled products
- Commercially processed jerky,
nuts, nutmeats, and popcorn
- Prepackaged foods such as
potato chips, pretzels, and crackers
- Unopened commercially bottled
and canned non-potentially hazardous beverages, including
alcoholic beverages
- Coffee and tea with
non-potentially hazardous ingredients
- Non-potentially hazardous hot
or cold beverages, prepared from individually packaged
powdered mixes and commercially bottled water, excluding
fresh squeezed juice
- Non-potentially hazardous
foods or beverages provided by a non-food service business
or organization at no charge
- Other food items as
determined by the Oregon Health Authority or ODA
- Sell the following; obtained from
a licensed food service, or processing establishment, or
prepared onsite; for immediate consumption at an event
- Non-potentially hazardous
baked goods
- Privately donated breads,
rolls, pies, cakes, doughnuts, or other pastries not having
potentially hazardous (time temperature control for safety)
fillings, served by a benevolent organization. Additional
examples include jam, candy or mixing and packaging bean
soup mix to raise funds for a non-profit organization
- Public notice must be posted
that states: "Notice: Food served at this location may not
have been inspected by the regulatory authority."
- Personal chef who prepares
food for an individual or private party
So what can you MAKE under the full domestic kitchen license
(NOT the baker exemption)?
These are some of the things approved - but again, I'll make the
point that you'd better call the state and discuss what you want to make
with them before you even start the process::
- Condiments, like Honey, Ketchup, Mustards,
- Peanut butter, Oils, Pickles, Salsas, Sauces, Syrups, Vinegars
- Preserves, like Applesauce, Chutneys, apple butter, peach butter
Definitions:
- home kitchen - The domestic kitchen license
was designed to allow someone to try his or her business venture
without a large capital expenditure and therefore, it is for
limited production only. The home kitchen must also be used for
domestic activities; an empty house or apartment cannot be
rented for the purpose of processing food in the kitchen.
Licensing
The home kitchen license approves only the home kitchen for food
processing. If you plan to use a garage, basement, out building, or
any other room in the house other than the kitchen as the processing
area there are additional requirements under a regular food
processing license. Please contact the Food Safety Program for more
information. The county health departments do not license domestic
kitchens for food service activities, so a domestic kitchen cannot
be licensed for catering operations.
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 name of the product,
- net weight,
- ingredient statement, and
- the name and address of the producer.
If the item is perishable, an expiration date is required.
It is a good idea to submit this label to the Food Safety Program
for review before having a quantity printed. There is a handout
available that further explains the labeling requirements
(electronically available on the website).
See this
page for much more inmformation about labels, sample labels and a
template to use.
Allergen labeling
The federal Food Allergen Labeling and Consumer Protection Act of
2004 (FALCPA) requires that foods containing any of the eight major
food allergens are clearly labeled on the principal display panel of
the food. The eight major allergens are:
- Milk (any protein from milk, butter, cream, dry milk, whey,
or casein)
- Eggs (e.g., whites, yolks, albumen, or powdered eggs)
- Soy (e.g., soy beans soy lecithin, soy protein, soy, or soy
flour)
- Wheat (includes spelt, semolina, kamut, and triticale)
- Seafood (e.g., salmon, tuna, eel, bass, flounder, or cod)
- Crustacean shellfish (e.g., crab, lobster, or shrimp)
- Peanuts (e.g., peanut butter or peanut meal)
- Tree nuts (e.g., pecans, walnuts, hazelnuts, cashews,
coconut, or pine nuts)
Where may Cottage Food Production Operations sell the food products?
Foods prepared under the Home Bakery Exemption may only be sold
by the producer directly to the consumer at the producer's home,
farmers' markets, farm stands, roadside stands and similar venues.
You cannot sell goods produced under the Home Bakery Exemption to a
commercial entity or an institution including, but not limited to, a
restaurant, grocery store, caterer, school, day care center,
hospital, nursing home, or correctional facility
Other requirements
If you are considering the operation of a domestic kitchen
license, the
following features will be required of your home according to OAR
603-025-0200:
- Doors - any domestic kitchen doors must be kept closed
during operation of the domestic kitchen.
- People - No one
other than the licensee and employees directly under his/her
supervision are permitted to directly engage in the processing,
preparing, packaging, or handling of commercial food and no
other person than the licensee and employees are allowed in the
domestic kitchen during operating hours.
- Children - No infants
or children allowed in kitchen during domestic kitchen
processing activity.
- Pets - No pets allowed - ever - in the
same building that houses the domestic kitchen.
- Domestic
Activity - All domestic activities must be completed before any
commercial processing or baking takes place.
- Storage -
Separate closed storage facilities are required for ingredients,
finished products, cleaning materials, labels and packaging
materials, as well as a separate refrigerated storage for
perishable materials. Storage of medical supplies is not
permitted in the domestic kitchen. A separate storage area must
be provided for household cleaning materials and other chemicals
or toxic substances.
- Domestic Kitchens shall be available for
inspection between 8 am & 5 pm weekdays or other production
times. A
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.
More resources:
What Can I Do Without a License?
Residential Kitchens (discussed on the page above) may be exempt if
producing baked goods or confectionery items that are not potentially
hazardous and that are sold only to the end user. Sales must not exceed
$20,000 annually.
The following are
Oregon possible food license exemptions according to Oregon State Dept of Ag:
- Farm direct marketing bill exempts some agricultural producers
selling raw commodities and value-added products directly to the final
consumer.
- Community Supported Agriculture (CSA's) or farm shares are limited
to items noted in the Farm Direct Rules. No cheese, fluid milk, fish,
beef, etc.
- Food swap club is a private event that is exempt if people trade
homemade, home grown, or foraged foods without food being sold or given
away.
- Food buying clubs are exempt if they are private and limited to
consumers who sign up for membership and products offered for sale are
from an approved source.
- Poultry slaughtering and sales of not more than 1,000 birds may be
exempt.
- Farmers' markets are not currently licensed as food establishments.
All food vendors are required to have a food license unless you qualify
for exemption.
- Fruit and vegetable stands located on a farmer's property are exempt
if only selling produce grown by the farmer.
- Pet food that does not contain meat may be exempt.
- Retail honey extractors who own their hives can have an unlimited
number of hives if they only sell to the consumer.
- Wholesale honey extractors who own 20 or fewer hives and extract
only their own honey are considered to be hobbyists and are exempt.
- Egg producers who are selling and delivering their own eggs directly
to an individual consumer (including farmers' market) are exempt from
licensing, but labeling is required. Egg producers selling only ungraded
eggs to a dealer are also exempt.
- Dairy law exempts from licensing, a person who owns no more than
Three dairy cows (no more than two producing) that have calved at least
once
Nine sheep that have lactated at least once
Nine goats that
have lactated at least once
The fluid milk from these animals may be
sold for human or other consumption without a license only if the milk
is sold directly to the consumer at the premises where produced.
Licensing is required to produce and sell any processed dairy products
(cheese, ice cream, butter, etc.)
By now should know to contact your local food inspector for details
long before you begin anything!
Questions? Contact Information:
If you have questions or need more information, you may contact
the Food Safety Program office in Salem at 503-986-4720.
Food Safety
635 Capitol St NE
Salem, OR 97301
Phone:
503-986-4720.