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Utah Cottage Food Laws and Regulations: How to sell your homemade foods in Utah
Utah Cottage Food Laws, Regulations and Facts
Utah has two different laws. This page discusses the newer law,
HB 181 (the Home Consumption and Homemade Food Act).
enacted in May 2018.
See the summary page
here
The Home Consumption and Homemade Food Act (HB 181) does not
require the producer to apply or register, nor do you need any special
training or licensing. Most foods can be made, as long as they do not
contain meat or raw (unpasteurized) dairy products, which are subject to
other regulations that cannot be waived. However, these products
can
only be sold directly to the consumer, and must be packaged and bear
warning statements on the label stating that the product has been
"Processed and prepared without state or local inspection" and is "Not
for resale". Information on the producer and on allergens is also
required on the package
Option 2 - Home Consumption and Homemade Food Act (HB 181)
If you choose to operate under the Home Consumption and Homemade
Food Act (HB 181)
- you do not need to apply or register,
- you do not need any special training or licensing.
- Most foods can be made, as long as they do not contain (both of
these are are subject to other regulations that cannot be waived):
- meat or raw (unpasteurized)
- dairy products, .
- Sales: Allowed products can only be sold directly to the
consumer,
- Labeling requirements: see below
Advantages of HB181:
- Much, much simpler to get started and fewer hoops to jump through.
Disadvantages of the HB181 approach:
- You may only sell direct to a consumer (no sales to grocery stores,
restaurants, etc.)
- Fewer types of food products can be made and sold
HB181 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.
The product's labels must include:
- warning statements on the label stating that the product has been
"Processed and prepared without state or local inspection" and is "Not
for resale" and
- Information on the producer and on allergens is also required on the
package
A standard product label also includes:
- A standard name (if applicable)
- Ingredients in descending order by weight
- A listing of allergens present
- A declaration of the net weight or content
- Your business name, address, and phone
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"; and
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.
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).
Where may HB181 Operations sell the food products?
Sales may only be directly to end consumers, and within the state
of Utah. Sales to resellers, such as grocery stores or resturants is
not allowed.
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.
Definitions
- "Commercial establishment" means a wholesale or retail
business that displays, sells, manufactures, processes, packs, holds, or
stores food, drugs, devices, or cosmetics.
"Commercial
establishment" does not include a:
- direct-to-sale location; or
- direct-to-sale farmers market.
- "Direct-to-sale farmers market" means a public or private facility
or area where producers gather on a regular basis to sell directly to an
informed final consumer fresh food, locally grown products, and other
food items that have not been certified, licensed, regulated, or
inspected by state or local authorities.
- "Direct-to-sale location" means a farm, ranch, direct-to-sale
farmers market, home, office, or any location agreed upon by both a
producer and the informed final consumer where a producer sells a food
or food product to an informed final consumer.
- "Home consumption" means the use or ingestion of homemade food or a
homemade food product within a private home by a family member, an
employee, or a nonpaying guest.
- "Homemade food product" means a food product that is prepared
in a private home kitchen that can be used, or prepared for use, as food
or nonalcoholic drink, subject to the limitation described in Subsection
4-5a-105(1).
- "Informed final consumer" means an individual who:
- (a) purchases the product directly from the producer;
- (b) does not resell the product; and
- (c) has been informed that the product is not certified, licensed,
regulated, or inspected by the state.
- "Producer" means a person who harvests or produces homemade
food or a homemade food product.
More resources:
UTAH CODE AND ADMINISTRATIVE RULES RELATING TO COTTAGE FOOD
PRODUCTION
Questions? Contact Information:
Rebecca Nielsen, Program Manager
(801)
633-3965 Cell (during business hours, Monday to Friday)
Email: rjnielsen@utah.gov
USU Food Quality & Entrepreneurship Program
Karin Allen, PhD:
Email: karin.allen@usu.edu
extension.usu.edu/foodbiz
(435)797-1768