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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
Date of the enactment: May 2018. HB 181, the Home Consumption and
Homemade Food Act. Utah require an application process with specific
requirements before selling cottage foods.
The bill states that food producers are exempt from the usual
burdensome food industry "state, county, or city licensing, permitting,
certification, inspection, packaging, and labeling requirements"
IF the home processor's food is:
- produced and sold only within Utah (to avoid interstate commerce
- sold directly to the consumer and not to a store or restaurant;
- only for home consumption;
- free from raw dairy products; and
- properly labeled to indicate that the food has not been inspected
and cannot be resold.
- the home food processor completes the special licensing, training,
approval process, labeling and other requirements (see below)
this complete checklist
Which foods are subject to the Utah Cottage Food law?
- Pretty much anf foods that are non-perishable at room
temperature.Some examples are
- Air cooled hard boiled eggs (the shell must be completely
- Foods with Aw ≤ 0.85
- Foods with pH ≤ 4.6
- Properly canned acid foods
- Other foods found to be non-hazardous (e.g. bread)
- Other examples can be some or most (subject to the
conditions above): cookies, fruit pies, jams, jellies,
preserves, fruit butters, honey, sorghum, cracked nuts, packaged
spices and spice mixes, dry cookie, cake and soup mixes;
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 operation" means a
person, who in the person's home, produces a food product that
is not a potentially hazardous food or a food that requires
time/temperature controls for safety.
- "Home" means a primary residence:
- occupied by the individual who is operating a cottage
food production operation; and
- which contains:
(A) a kitchen designed for common
residential usage; and
(B) appliances designed for common
The licensing process requires a
- business license application,
- fofood handler training,
- cottage food product application - The application requires
detailed written recipes. Lab testing of the food products may also be
- To operate a Cottage Kitchen, you must: Pass an initial
inspection, and allow inspectors to re-inspect as needed. Register
annually as a food establishment. Display your current registration in
your kitchen and anywhere you sell directly to the consumer
Approval and Implementation Process
Here is an overview (key word, that - you've got to go read the
details!) of the process:
Before you can begin producing food, you must
- Demonstrate that your product is not hazardous, including having it
tested for safety if needed
- Receive approval through UDAF for each product you will make
- Contact UDAF to request a Cottage Food Program Application Packet.
Email [email protected]
- Register your business with your city/county and the Utah Department
- Then fill out a Cottage Product Application Form for each one
of your products. If possible, use weight instead of volume for
your ingredients . Be specific with temperatures and cooking times
- Be ready to provide a sample of each product for testing in case of
questions. Samples should be packaged the same way you will package your
product for sale. A Process Authority will test your product for safety
and compliance. Process recommendations may be made that must be
followed for your product to be safe.
- R70 560 4. Production Requirements. To begin producing food, you
must:. Have a food handler's permit. Use easily cleanable surfaces and
equipment. Follow proper sanitation procedures. Have a separate
storage area for all ingredients & finished products. Keep samples from
each batch for 14 day
- While producing food, you cannot : Cook for yourself at the same
time. Have any pets in the kitchen (free-roaming pets are never
allowed). Allow anyone without a food handler's permit in the kitchen. Make any changes in your recipe without receiving UDAF approval
- How to Do This
1. Contact your local health department to obtain
a food handler's permit Online courses are available for many counties
2. Develop a written sanitation
plan that is specific to your kitchen How will you clean & sanitize?
When will you clean & sanitize? What will you clean & sanitize?
- How will you clean & sanitize?. Unscented chlorine bleach -
Minimum: 1/3 tsp per gallon water (20 ppm) - Maximum: 1 tbsp per gallon
water (200 ppm) - Use test strips to verify concentration - Leave on
surfaces for at least 2 minutes. Other sanitizers should be mixed and
used following manufacturers instructions - Quaternary Ammonium -
- When will you clean & sanitize?. Clean surfaces and equipment
first, then wipe with sanitizing solution. Sanitize before starting and
after finishing production, and once an hour during. Cloths can be
stored in sanitizing solution when not being used. Check sanitizing
solution once an hour and remix as needed
- What will you clean & sanitize?. Check countertops regularly for
chips or cracks. Use only non-corrosive cookware - Stainless steel,
aluminum, or copper. Utensils should be non-absorbent, free of cracks,
and easy to clean - Plastic, stainless, or silicon - Wooden utensils are
not allowed Check non-stick & enamel cookware closely before each use.
- Washing & Sanitizing Equipment in home kitchens 1. Scrape or wipe
into garbage can 2. Wash & rinse in kitchen sink 3. Sanitize in separate
tub or container 4. Air dry
- Designate one cupboard, pantry, or closet for storing Cottage Food
only - Food must be kept 6" off the floor - Food cannot be stored in
bathrooms, bedrooms, or garages - Refrigerated and frozen ingredients
can be stored in a separate refrigerator in a garage - Samples from each
batch are for microbial testing - they cannot be frozen!
- Inspections, Registration and Investigations To operate a Cottage
Kitchen, you must:. Pass an initial inspection, and allow inspectors to
re-inspect as needed. Register annually as a food establishment. Display your current registration in your kitchen and anywhere you sell
directly to the consumer
Contact UDAF to schedule an inspection with
your local inspector - You will need to show your food handler's permit
and business license - You should have your approved recipes and kitchen
sanitation plan available - Be prepared to demonstrate how you will
monitor the temperature of refrigerators, finished foods, etc.
- After your initial inspection, visit the UDAF website to pay your
annual registration fee
- Follow the "Basic Labeling Guidelines for Home Produced Food" from
UDAF - Labeling regulations are very complex, and vary depending on the
type of food - Contact a labeling specialist for specific questions
UDAF: Rebecca Nielsen
([email protected] ) USU Extension: Karin
Allen ([email protected] )
- Food Distribution and Storage Ingredients should be:. Obtained from
sources that are regulated and/or comply with appropriate laws. In good
condition and unspoiled. Used by their expiration date, or within 9
months if an expiration date is not given
- Finished products should:. Be safe, unadulterated, and honestly
presented. Not contain additives that are unapproved or are used at
unnecessary levels. Be in packages that are in good condition and will
protect the food. Not be displayed on the ground
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.
Your product label must include:
- 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
- Nutrition labeling (if applicable)
- The words: "Home Produced" in 12pt font
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 Cottage Food Production Operations sell the food products?
CoCottage Food Products may not be sold across state lines.
In other words, only be sold within the state. 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,
church bake sales, schools, registered farmers markets,
and sold and/or used in preparing food in a restaurant.
Sales can be made anywhere within the state (as long as other food
establishments don't incorporate the food into their products),
- a home inspection is required
- operators must keep a 14-day sample of every batch of food
- Individuals can only sell their products directly to
consumers, (that allows sales from home and at events)
- CoCottage food operations can sell up to $50,000 of products
- A new billHB 410 went into effect on August 28th, 2017,
allows onlne sales
- No limitation on amount of annual sales: Home food operators
can sell as much as they want.
- There may be no no free-roaming indoor pets such as cats or
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.
And this pH meter is really good, but isn't always available.
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,
- 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
- 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
- Wash hands frequently while working
- Consider annual testing of water if using a private well
- Allergans: 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
- crustacean shellfish,
- tree nuts,
- wheat and
- 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
UTAH CODE AND ADMINISTRATIVE RULES RELATING TO COTTAGE FOOD
Questions? Contact Information:
Rebecca Nielsen, Program Manager
(801) 538-7152 Phone
Email: [email protected]
USU Food Quality & Entrepreneurship Program
Karin Allen, PhD:
Email: [email protected]