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Ohio Cottage Food Laws and Regulations: How to sell your homemade foods in Ohio
Ohio Cottage Food Laws, Regulations and Facts
Under the Ohio cottage food law, there are certain types of low
risk food products that may be produced and sold out of your home
kitchen with no inspection or licensing requirements.
Which foods are subject to the Ohio Cottage Food law?
Only food products that are non-potentially hazardous (as defined
by the State of Ohio, not your own definition) fall into
the cottage food category. Ohio Administrative Code Section
901:3-20-04 lists the food items approved as cottage food products.
This list of allowed items is very specific and includes the
following food products:
- Non-potentially hazardous bakery products (such as cookies,
breads, brownies, cakes, and fruit pies)
- Jams, Jellies and fruit butters (like apple butter)
- Candy (including no-bake cookies, chocolate covered pretzels
or similar chocolate covered non-perishable items)
- Granola, granola bars, granola bars dipped in candy
- Popcorn, flavored popcorn, kettle corn, popcorn balls,
caramel corn (does not include un-popped popping corn)
- Certain baked goods like unfilled, baked donuts, Waffle
- Dry cereal and nut snack mixes with seasonings
- Roasted coffee, whole beans or ground and Dry tea blends
- Dry baking mixes in a jar (for making items like breads and
- Dry herbs and herb blends
- Dry seasoning blends (such as dry barbeque rubs and seafood
The following were recent added, effective January 22, 2016
- Flavored honey produced by a beekeeper, if a minimum of 75%
of the honey is from the beekeeper's own hives;
- Fruit chutneys;
- Maple sugar produced by a maple syrup processor, if at least
75% of the sap used to make the maple syrup is collected
directly from trees by the processor;
- Waffle cones dipped in candy;
- Dry soup mixes containing commercially dried vegetables,
beans, grains, and seasonings.
And two revisions clarify foods that do not fall under the
cottage food law:
- Fresh fruit that is dipped, covered, or otherwise
incorporated with candy;
- Popping corn.
- Fruit in granola products (If adding fruit to granola,
granola bars, or granola bars dipped in candy, which are all
cottage food products, the fruit must be commercially dried.)
- "Cottage Food Production Operation"
according to Chapter 3715 of the Ohio Revised Code means,
a person who, in the person's home, produces food items that are not potentially hazardous foods,
including bakery products, jams, jellies, candy, fruit butter, and similar products specified in rules.
These foods must be labeled properly or they will be considered misbranded or adulterated
- "Home" means the primary residence occupied by the residence's owner, on the condition that the
residence contains only one stove or oven used for cooking, which may be a double oven, designed
for common residence usage and not for a commercial usage, and that the stove or oven be operated in
an ordinary kitchen within the residence.
- Prohibited foods include acidified foods,
low-acid canned foods, potentially hazardous foods or
non-potentially hazardous foods not listed above. Low acid food
means any food with a finished equilibrium pH greater than 4.6
and a water activity greater than 0.85. Acidified food means a
low acid food to which acids or acid foods are added (Ex. Beans,
cucumbers, cabbage, puddings, etc.). Potentially hazardous food
means it requires temperature control because it is in a form
capable of supporting the rapid and progressive growth of
infectious or toxigenic microorganisms (Ex. Raw or cooked animal
products, cooked vegetables, garlic in oil, cheese cakes,
pumpkin pies, custard pies, cream pies, etc.).
example, salsas, BBQ sauces, canned vegetables, frozen
foods and homemade hummus must be produced in a licensed
facility. Specifically, salsas, BBQ sauces, and canned
vegetables must be produced in a licensed cannery facility.
Licensing information for these types of food products is
available on the Ohio Department of Agriculture's website.
- Eggs are a separate case.
See this page for information about selling eggs in Ohio
If your food product does not meet the definition of a Cottage
Food, you may still be able to make and sell it commercially,
through a startup approach.
See this page for detailed information about selling foods that do
not meet the Cottage Food definition.
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:
A Statement of Identity - the name of the food product
Net Quantity of Contents - the net weight, in both U.S. Customary System and International System
Ingredient List - ingredients of the food product, listed in descending order of predominance by weight
Statement of Responsibility - the name and address of the business
The following statement in ten-point type: "This Product is Home Produced".
Note: If nutrient content claims (i.e. low fat, salt free, etc.) or health claims
(i.e. may reduce heart disease) are made, the product must bear all required nutritional information in
the form of the Nutrition Facts panel. All labeling components are to comply with 21 CFR Part 101,
food labeling. The FDA Food Labeling Guide is an excellent resource of the proper labeling of food products.
Click here for the FDA Food Labeling Guide
And here for a Sample Label
Where may Cottage Food Production Operations sell the food products?
Cottage Food Products may not be sold across state lines.
In other words, only be sold in Ohio. They may be sold directly to the consumer from the home where the products are produced.
They may also be sold through grocery stores, registered farm markets, registered farmers markets,
and sold and/or used in preparing food in a restaurant.
Beyond the requirements, common sense, good practices and
reducing liability suggests you should do the following.
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.
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
- Recipe, including procedures and ingredients
- Amount canned and sold
- Canning date
- Sale dates and locations
- Gross sales receipts
- Results of any pH test
Although iInspections 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
- Wash hands frequently while working
- Consider annual testing of water if using a private well
Questions? Contact ODA Division of Food Safety:
1-800-282-1955 Ext 4366
Request an Appointment via email