A “Cottage Food Production Operation” is defined in the Ohio Revised Code as a person who, within their home, produces food items to sell that are not potentially hazardous foods, including bakery products like cookies or brownies, jams, jellies, candy, fruit butter, and similar products.
Non-permitted items include products that would need refrigeration to keep from spoiling. Examples include pre-made meals, cheesecake, cream cheese, flavored butter, salsa, or fresh pasta. These items would not fall under cottage foods.
Labeling
All cottage foods must be properly labeled to prevent being considered misbranded. Labeling must include the following:
- Ingredient list declaring major allergens
- Statement of Identity (name of the food item)
- Statement of Responsibility (Business name, address, telephone number, website)
- Net Quantity of Contents (Net weight)
- Cottage Food Declaration (Statement that “This product is home produced.”)
Selling Cottage Foods
Cottage foods may only be sold in Ohio. Producers are not permitted to sell out of state or over the internet.
Cottage food products that are properly identified and labeled may be sold directly to the consumer from the home where they are produced. They also may be sold through grocery stores, registered farm markets, and sold and/or used in preparing food in a restaurant.
In addition, cottage food may be sold at festivals or celebrations on the condition that the event is organized by a political subdivision of the state (such as a city, county, or village rather than a private sponsor or private craft show) and lasts no longer than seven consecutive days.
Licensing & Home Bakeries
Cottage foods are exempt from inspection and licensing by the Ohio Department of Agriculture (ODA). Likewise, cottage foods are not inspected or licensed locally by Clermont County Public Health. However, all food products in the state (including cottage foods), are subject to food sampling and label checks by ODA. For this reason, it’s important that any cottage food must be properly labeled.
If a producer wishes to sell bakery items that are classified as “potentially hazardous foods” (such as cheesecakes, custard pies, pumpkin pies, or cream pies), they would need to apply for a home bakery license. These types of foods require temperature control, and their producers must be licensed and inspected by the ODA.