Utah Cottage Food Laws and Regulations: How to sell your homemade foods in Utah

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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

1.  "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.
2. "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.
3. "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.
4. "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.
5.  "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).
6.  "Informed final consumer" means an individual who:
   1. (a) purchases the product directly from the producer;
   2. (b) does not resell the product; and
   3. (c) has been informed that the product is not certified, licensed, regulated, or inspected by the state.
7.  "Producer" means a person who harvests or produces homemade food or a homemade food product.

More resources:

• Utah Cottage Foods checklist
• FDA Food labeling information.
• Good to know (not a requirement): Guidelines for Determining Metric Equivalents of Household Measures (October 1, 1993)
• Utah Guidelines for Registering a Cottage Food Establishment
• Utah Cottage Food Cover Letter
• Utah Application Form
• Utah Checklist for Home Food Production
• Utah Labeling Guidelines for Home Produced Foods
• Utah Sample Labels for products sold pre - packaged
• Utah Sample Cottage Honey labels
• Utah Sample Ingredient Lists for on demand products
• Sanitizers - Chlorine Bleach
• Utah Sanitizers - Quaternary Ammonium
• Utah Questions & Answers for Farmers Market/Outdoor Market Vendors and Organizers
• Utah Outdoor Market Requirements
• Utah Requirements for Food Operations at Outdoor Markets (Farmers Markets)

 

UTAH CODE AND ADMINISTRATIVE RULES RELATING TO COTTAGE FOOD PRODUCTION

• Utah Cottage Food Production Operations (Utah Code Annotated: Title 4, Chapter 5, Section 9.5)
• Utah Inspection and Regulation of Cottage Food Production Operations (R070-560)
• Utah Compliance Procedures (R70-201)

 

•  Massachusetts has a Food Processors Resource Manual that is a practical guide for specialty food and start-up food processors published by the Massachusetts Department of Agricultural Resources. The marketing and practical tips can be very useful to a cottage food kitchen in any state.  The chapters are available online and as a downloadable document pdf forma
  

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