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Utah has two laws; which can make it confusing compared to other states, but it does give the home food producer more options. Producers can choose which law they wish to operate under, depending on their planned sales venues and their planned products.. The two laws are:
Keep in mind, this is an either/or approach. These are 2 separate laws and you must fully comply with one OR the other.
The Cottage Food law requires the application process, recipe approval (non-potentially hazardous foods only) and a registration fee. Cottage Foods can then be sold either retail or wholesale, as long as sales are within the state of Utah.
Advantages of the Cottage Food Law
Disadvantages of the Cottage Food Law approach:
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
Advantages of HB181:
Disadvantages of the HB181 approach:
Review each of the two options and deteremine which one fits your needs and product best!
Rebecca Nielsen, Program Manager
(801) 633-3965 Cell (during business hours, Monday to Friday)
USU Food Quality & Entrepreneurship Program
Karin Allen, PhD:
Email: email@example.com extension.usu.edu/foodbiz
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