Home and Hearth BakerCottage Food Operator Permit
N.J.A.C. 8:24-1.5 (definitions of cottage food operator, cottage food product, consumer); N.J.A.C. 8:24-11.1 to 8:24-11.8 and Appendix A (Cottage Food Operator Permit) · NJ Department of Health rule adoption R.2021 d.087, 53 N.J.R. 1711(a) (published 2021-10-04); proposed at 52 N.J.R. 838(a) (2020-04-20). No statute; N.J.A.C. 8:24 readopted with technical changes only, 53 N.J.R. 12(2) (2021-12-20), expires 2028-11-17
Yearly sales limit
$50,000
Gross annual sales (before taxes and operating expenses) from cottage food products may not exceed $50,000 (N.J.A.C. 8:24-11.3(b)). Not adjusted for inflation. On renewal the operator certifies the past year's gross sales did not exceed $50,000 (CFO-1).
Gross annual sales (before taxes and operating expenses) from cottage food products may not exceed $50,000 (N.J.A.C. 8:24-11.3(b)). Not adjusted for inflation. On renewal the operator certifies the past year's gross sales did not exceed $50,000 (CFO-1).
Permit or registration
Yes
Cottage Food Operator Permit
New Jersey Department of Health, Public Health and Food Protection Program
Fee: $100 to apply and $100 to renew (N.J.A.C. 8:24-11.6(a), (c)); nonrefundable. NJDOH FAQ: adding new products later needs a new application and $100.
Official page
Cottage Food Operator Permit
New Jersey Department of Health, Public Health and Food Protection Program
Fee: $100 to apply and $100 to renew (N.J.A.C. 8:24-11.6(a), (c)); nonrefundable. NJDOH FAQ: adding new products later needs a new application and $100.
Official page
Food safety training
Yes
Food Protection Manager certificate from an accredited program, in good standing (N.J.A.C. 8:24-11.1(b)2). A food handler card is not enough. NJDOH accepts certificates from listed providers such as ServSafe, StateFoodSafety, 360 Training, National Registry, Always Food Safe, Trust20, Userve, and others. NJDOH does not offer the course.
Food Protection Manager certificate from an accredited program, in good standing (N.J.A.C. 8:24-11.1(b)2). A food handler card is not enough. NJDOH accepts certificates from listed providers such as ServSafe, StateFoodSafety, 360 Training, National Registry, Always Food Safe, Trust20, Userve, and others. NJDOH does not offer the course.
Where you make it
Only in the private kitchen of the operator's residence and at no other location (N.J.A.C. 8:24-11.2(a)1). Application form CFO-1 has the operator certify: the operation is in a private dwelling where the operator lives; sleeping quarters are not used for preparation or storage; handwashing with warm running water and soap; clean and sanitized equipment and surfaces; no rodents or insects; no bare-hand contact with ready-to-eat food; family meal preparation, dishwashing, laundry and kitchen cleaning are not done (during cottage food work); infants, children and pets kept out of the kitchen; potable water; no smoking; ill workers excluded. Private well: total coliform test from samples taken no more than 60 days before applying; otherwise a recent water bill (N.J.A.C. 8:24-11.1(b)3). NJDOH: the permit is only for New Jersey residents.
Selling in person
Allowed in New Jersey only at: the operator's home (not for eating on site); the consumer's home in NJ; an NJ farmers' market or farm stand; an NJ temporary retail food establishment (events; local temporary food permit needed per NJDOH); or elsewhere in NJ to the consumer where other law does not prohibit it (N.J.A.C. 8:24-11.3(a)1)
Phone and online orders
Allowed for taking orders, receiving payments, and marketing by mail, electronic communication, internet, or telephone, as long as the food is handed over in New Jersey at an allowed place (N.J.A.C. 8:24-11.2(b))
Delivery and shipping
Allowed: in-person delivery to the consumer's home in New Jersey (N.J.A.C. 8:24-11.3(a)1ii); NJDOH says products must be handed to the customer in person. Third-party delivery services are not addressed.
Selling out of state
No
Stores and wholesale
Not allowed: no sales to retail food establishments (stores, restaurants, coffee shops) or wholesale establishments (N.J.A.C. 8:24-11.3(a)3-4)
Examples you can sell
Non-TCS food (does not need time/temperature control for safety) of the 18 types listed in the N.J.A.C. 8:24-1.5 definition of 'cottage food product', plus other non-TCS food approved on written application to the NJDOH Public Health and Food Protection Program. Only the products approved on your permit may be sold; each new product needs NJDOH review (new application and $100 fee per the NJDOH FAQ).
- Baked goods, including bread, rolls, biscuits, cakes, cupcakes, pastries, and cookies
- Candy, including brittle and toffee
- Chocolate-covered nuts and dried fruit
- Dried fruit
- Dried herbs and seasonings, and mixtures thereof (NJDOH: bought from a licensed source)
- Dried pasta (NJDOH: no egg)
- Dry baking mix
- Fruit jams, fruit jellies, and fruit preserves
- Fruit pies, fruit empanadas, and fruit tamales (excluding pumpkin)
- Fudge
Not allowed
- TCS foods (need time/temperature control for safety); these need an inspected commercial kitchen (NJDOH)
- NJDOH prohibited ingredients: cream, sour cream, custard, puddings, vegan custard, cheese, cream cheese, meat, fish, vegetables (fresh, cooked, fried, or dried), fresh flowers, fresh herbs, peppers, fresh fruit, pumpkin, sweet potato, yams, carrots, heat-treated plant food (cooked rice, beans, vegetables), mushrooms, tofu, soy protein foods, alcohol, CBD, THC
- NJDOH prohibited icings and frostings: cream cheese, meringue, Swiss meringue, buttercream, French buttercream, German buttercream, whipped cream, ganache
- Home-grown or foraged plants, herbs, vegetables, or fruits (NJDOH: ingredients should come from a licensed, inspected source)
- Products dried with home freeze-dryers or dehydrators (NJDOH)
- Cheesecake, French toast, pancakes, waffles, crepes, cannoli (NJDOH)
- Pecan, key lime, and lemon pies; fresh fruit tarts (NJDOH)
- Pepper jelly, rhubarb jelly, tomato jelly or sauce; apple and other fruit butters (NJDOH)
- Egg noodles or pasta with egg; raw cookie dough; raw pizza dough (NJDOH)
- Dried bananas, plantains, and strawberries; candy apples; cotton candy spun on site (NJDOH)
The statement your labels must carry
This food is prepared pursuant to N.J.A.C. 8:24-11 in a home kitchen that has not been inspected by the Department of Health.