FOOD LAW OF 2000 Act 92 of 2000 as amended

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2 Michigan Cottage Food Operation Changes to the Michigan Food Law of 2000 (Public Act 92 as amended) signed into law by the Governor on 7/12/2010 established and defines a Cottage Food Operation.

3 What is a Cottage Food Operation? Definition: a person who produces or packages cottage food products only in a kitchen of that person's primary domestic residence within this state. MFL Definitions; A to D.

4 Cottage Food Operation A cottage food operation is exempt from the licensing and evaluation provisions of Michigan Food Law (MFL) of 2000 (Public Act 92 as amended)

5 What are Cottage Foods Products? "Cottage food product" means a food that is not potentially hazardous food as that term is defined in the food code. MFL Definitions; A to D.

6 Potentially Hazardous "Potentially hazardous food (time/temperature control for safety food)" means a FOOD that requires time/temperature control for safety (TCS) to limit pathogenic microorganism growth or toxin formation Food Code (B)

7 Cottage Food Products Include: Breads Cakes, including celebration cakes (birthday, anniversary, wedding). Fruit pies, including pie crusts made with butter, lard or shortening. Cookies Similar baked goods MFL Definitions; A to D.

8 Cottage Food Products Include: Vinegar and flavored vinegars. Dry herbs and herb mixtures Non-potentially hazardous dry bulk mixes sold wholesale can be repackaged Dried pasta MFL Definitions; A to D.

9 Cottage Food Products Include: Popcorn Cotton Candy Chocolate covered: pretzels, marshmallows, graham crackers, rice krispy treats, strawberries, pineapple or bananas Coated or uncoated nuts MFL Definitions; A to D.

10 Cottage Food Products Include: Jams and jellies in glass jars that can be stored at room temperature. MFL Definitions; A to D.

11 What Foods are NOT Allowed? Potentially hazardous foods that require time and/or temperature control for safety. MFL Definitions; A to D.

12 Examples of Potentially Hazardous Foods Meat and meat products like fresh and dried meats (jerky). Raw seed sprouts. Canned fruits or vegetables like salsa or canned peaches including canned fruit or vegetable butters like pumpkin or apple butter. Canned pickled products like corn relish, pickles or sauerkraut. Pies that require refrigeration to assure safety like banana cream, pumpkin, lemon meringue or custard pies. Fish and fish products like smoked fish. MFL Definitions; A to D.

13 Examples of Potentially Hazardous Foods Milk and dairy products like cheese or yogurt Cut melons Garlic in oil mixtures Beverages Ice and ice products Cut tomatoes or cut leafy greens Foccaccia style breads with fresh vegetables and/or cheeses Food products made from fresh cut tomatoes, cut melons or cut leafy greens Food products made with cooked vegetable products that are not canned Barbeque Sauce, Ketchup, Mustard MFL Definitions; A to D.

14 How do I sell my Cottage Foods? Cottage foods must be sold directly to the consumer. They cannot be sold wholesale for resale in a retail outlet.

15 Sold directly to the consumer at Farmers markets Farm stands Roadside stands Kraft shows Church bazaars Other similar venues

16 How do I sell my Cottage Foods? Cottage foods must be prepackaged. No open & exposed foods.

17 Cottage Foods Cannot Be Sold: To a retailer for them to resell or to a restaurant for use or sale in the restaurant. Over the internet, by mail order, or to wholesalers, brokers or other food distributors who will resell the Cottage Foods.

18 Why can t I sell my Cottage Foods to my favorite restaurant or grocery store?

19 Cottage Food By law a retail store or restaurant must obtain its foods from an approved source. "Approved" means acceptable to a Regulatory Authority. A Cottage Food Operation is a home kitchen which is unlicensed and not inspected by a Regulatory Authority Food Code (A)

20 Cottage Food Therefore the food is not considered an approved source for use in a restaurant or grocery store. Also, it is not possible for the final consumer to discuss your food safety practices with you, as you would not be selling or serving directly consumer.

21 Do I have label my Cottage Foods? Yes, you are required to label your Cottage Foods.

22 Cottage Food Label Must Contain Common or usual name of the food. Name & Address of the responsible party. Net contents (weight, volume or quantity). List of ingredients in descending order by weight. Allergen declaration. The following statement: Made in a home kitchen that has not been inspected by the Michigan Department of Agriculture (MDA) in at least the equivalent of 11-point font and in a color that provides a clear contrast to the background.

23 Cottage Food Product Labeling Sour Dough Bread Net Wt. 3 oz (85 g) Wheat Flour Enriched (Wheat Flour, Malted Barley Flour, Niacin, Reduced Iron, Thiamine Mononitrate, Riboflavin, Folic Acid), Water, Sea Salt, 100% Extra Virgin Olive Oil, Yeast. Contains: Wheat. May Contain Traces Of: Walnuts, Almonds, Coconut, Pecans, Milk, Soy.

24 Cottage Food Operator As a Cottage Food operator, you would not be required to meet NSF (a food equipment evaluation group) standards for your equipment used to manufacture the Cottage Food product. Bread can be bake in a wood fired oven, as long as that oven is in your home kitchen. A DBA (Doing Business As) may be a requirement of your county or local municipality; you should contact your county offices to determine if a DBA is appropriate for you. The Cottage Food Law applies to human grade food only. For more information about pet treat licensing, please visit

25 Limits on Cottage Foods The gross sales of cottage food products shall not exceed $15,000 annually. Gross sales are based on a particular domestic residence. Not be computed on a per-person basis within or at that domestic residence. The department may request in writing documentation to verify the annual gross sales figure.

26 Limits on Cottage Foods Cottage Food products must be made in your kitchen and stored in your single family domestic residence. It cannot be made in an outbuilding, like a shed or a barn. (exception for honey and maple syrup producers) The Cottage Food amendments are to the Michigan Food Law. You need to meet local zoning or other laws and all other provisions of law regarding businesses, including tax law. As a Cottage Food Operator, it is your responsibility to assure the food you make is safe.

27 MDA s Role in Cottage Foods In the event a complaint is filed or a foodborne illness is linked to your food, the MDA will investigate as part of our responsibility. As part of that investigation, it may be necessary for the Michigan Department of Agriculture to enter and inspect your Cottage Food production and storage areas, view and copy records, and take photos during the course of a complaint investigation. The MDA also has the right to seize product suspected of being adulterated, order corrections of label violations, or require you to discontinue making unapproved products.

28 MCL e

29 QUESTIONS SUBMITTED BY YOU

30 Can an unlicensed honey producer sell to retail stores? Yes Gross sales shall not exceed $15,000 Bulk honey is not allowed to be sold Prepackaged only Labeling consistent with the cottage food law

31 Labeling requirements Common or usual name of the food Name and Address of the responsible party Must be declared as a unit and not separated by other label information. The address must include street address, city, state, and zip code. However, if the street address is listed in a current city or telephone directory under the responsible party name, then street address may be omitted on the label. Net Contents (Weight, English and Metric) Font size is dependent on the size of the package The following statement: Made in a home kitchen that has not been inspected by the Michigan Department of Agriculture in at least the equivalent of 11-point font and in a color that provides contrast to the background. 11-point font is approximately 1/8. Lot coding- How much and when processed List of ingredients Allergen declaration

32 Can we put "organic" on our honey label? What do we need to do to become organic honey producer? Organic honey must be certified organic Organic Certification To verify that the production process conforms to certain standards, all organic products must obtain organic certification. The USDA National Organic Program, the federal regulatory body for U.S. organic products, has 55 domestic and 42 foreign accredited certifying agents: National Organic Program

33 If raw honey has live enzymes and pollen and propolis in it, does that have to be listed as an ingredient? No This is a natural part of raw honey Can I hand-write my weights on my labels? Yes, must have correct font size be legible and with durable ink or similar

34 If the Inspector pulls my honey, why don't they contact me and the store owner? Michigan Department of Agriculture and Rural Development policy is to notify the store owner of any seizures. The Inspector may also call the honey producer but they aren t required. Can I advertise as allergen free? No, allergies are different for different people

35 Can we advertise as gluten free? Yes Gluten is an allergen found in wheat Can we use "hang-tags' on our smaller jars and honey bears? Yes, must meet all labeling requirements including font size Tag must be durable Contact your local Inspector Do our labels have to be in black and white? No

36 Can we add flavorings or other ingredients to our honey? No, this can only be done by licensed honey producers How do I reach my local Inspector? Call toll free at

37 What is the single most common thing the field Inspectors would like to say to us as a whole? Use care with pesticides, we ve had issues in the past with the improper use of pesticides in packing rooms and in hives Reading the pesticide label is critical What would they like to see us improve? Labeling including lot coding to identify how much and when the honey was produced

38 Websites Cottage Food Information Food Labeling Guide For Products Manufactured or sold in Michigan draft_283638_7.pdf National Organic Program Accredited Organic Certifying Agents

39 Questions?