FYI. This is from Harvard Law School Food Law and Policy Clinic. There are a number of ways states can improve their cottage food laws: • First,states should make sure their cottage food laws are easy to find and understand. States do not need to go so far as to introduce a new law. States should ensure there are clear guidance documents that cottage food producers can find and use to start their cottage food operations. • Second, states should expand their cottage food laws to make sure that all citizens (not just farmers) can participate, and broaden the types of foods that can be sold (e.g., not just pickles or baked goods). • Third, state should consider allowing cottage food producers to sell indirectly to consumers at restaurants and retail establishments(like in California). • Fourth, states should eliminate sales limits or set higher thresholds. A business with annual sales of $5,000 (even $25,000) would qualify as a hobby or, at best, a very small business. If states want to encourage local economic development, increasing the sales threshold for cottage food operations is a necessary step toward accomplishing that goal. • Fifth, some states place many requirements on cottage food operations, in some cases imposing the same standards that other food processing establishments must meet. For example, in addition to limiting the in‐home processing of non-potentially hazardous foods to on‐farm kitchens, Rhode Island requires the kitchen to be equipped at minimum with either a two (2) compartment sink or a dishwasher that reaches one hundred fifty (150) degrees Fahrenheit after the final rinse and drying cycle and a one compartment sink; . . . [and] have drain boards and food preparation surfaces that shall be of a nonabsorbent corrosion resistant material such as stainless steel, formica, or other chip resistant, non-pitted surface. States such as Rhode Island should ensure that the regulations they place on cottage food operations reflect the small size and low‐risk nature of these operations and that the requirements are not overly burdensome. As more consumers become interested in supporting local food economies and more producers begin starting their own food businesses, states need to make sure that those local businesses can survive and thrive. Although many states have cottage food or home‐based food processing laws on their books, there are still a number of ways in which states can update and improve their cottage food regimes to match the growing demand and opportunity for cottage food operations.
Posted on: Fri, 20 Sep 2013 15:56:03 +0000
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