Cottage Food Laws - Sidestepping Food Safety Regulations

Many states are enacting Food Cottage Laws to enable people to sell food that they made in their own kitchen without any oversight by government health and safety professionals.  The intended goal is to help support budding food entrepreneurs and support the local economy.  But at what cost? 

One example is the recently passed Cottage Food Laws of Idaho. The law does limit the type of food to non-potentially hazardous foods (excluding low acid and acidified canned foods) so the risk is lower, however there is little in the regulation that address food safety including the condition of the kitchen in which the food is handled and prepared.  Once made, the food can be sold through a number of channels including farmers' markets and online.

Thankfully Pennsylvania requires licensure and inspection.  If someone wants to sell food, there should be some hurdles - a license so we know who is making the food, an inspection so that at least someone with some knowledge looks at the kitchen and doesn't find this:

And finally some rules to be practiced while making the food.

For the consumer, how are they to determine if a food has been made in a sanitary environment?  Trial and error?  And the error part is a heck of a thing when you are discovering what it means to have Staphylococcus aureus intoxication. Having food safety rules not only protects the consumers, it also protects the home processor.  It is not until there is an outbreak and subsequent lawsuits that people find religion.

http://www.legislature.idaho.gov/legislation/2015/H0106.pdf
LEGISLATURE OF THE STATE OF IDAHO
Sixty-third Legislature               First Regular Session - 2015
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 106
BY HEALTH AND WELFARE COMMITTEE

AN ACT 2 RELATING TO FOOD SAFETY; AMENDING SECTION 39-1602, IDAHO CODE, TO DEFINE TERMS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 39-1604, IDAHO CODE, TO EXEMPT HOME KITCHEN OPERATIONS FROM LICENSING REQUIREMENTS; AND AMENDING CHAPTER 16, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-1608, IDAHO CODE, TO PROVIDE THAT HOME KITCHEN OPERATIONS MAY SELL COTTAGE FOODS AT CERTAIN VENUES, TO PROVIDE THAT HOME KITCHEN OPERATIONS MAY SELL COTTAGE FOODS TO IDAHO RESIDENTS ONLINE OR BY MAIL, TO PROVIDE THAT COTTAGE FOODS SHALL BE SOLD WITH LABELS THAT INCLUDE CERTAIN INFORMATION AND TO PROVIDE THAT VIOLATIONS OF THIS SECTION SHALL BE SUBJECT TO ENFORCEMENT PROCEEDINGS.

"Cottage foods" means nonpotentially hazardous foods that may be produced and sold by a home kitchen operation, but does not include low-acid canned foods or acidified foods as defined by 21 CFR 114.3.

"Home kitchen operation" means a person who produces or packages cottage foods in a kitchen of that person's primary domestic residence for direct sale by the owner, a family member or an agent of the owner or family member pursuant to section 39-1608, Idaho Code.

Home kitchen operations shall be exempt from the licensing requirements of this chapter.

39-1608. HOME KITCHEN OPERATIONS.

(1) A home kitchen operation may sell cottage foods directly to consumers at the following venues:

(a) Private homes;
(b) Community events;
(c) Community-supported agriculture share programs;
(d) Farmers markets; and
(e) Roadside stands.

(2) A home kitchen operation may sell cottage foods online or by mail order, provided that the consumer's shipping address is located within the state of Idaho.

(3) Cottage foods shall be sold with labels that include the following information:
(a) The product's name;
(b) The name, location and contact information of the home kitchen operation that made the product; and
(c) A disclaimer stating: "This product was made by a home kitchen operation that is not subject to routine food safety inspections."
(4) A home kitchen operation that violates this section shall be subject to enforcement proceedings pursuant to section 39-1606, Idaho Code.