Bill Text: NJ A801 | 2018-2019 | Regular Session | Introduced
Bill Title: Permits, and establishes requirements for, sale of cottage food products.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2018-02-01 - Reported out of Assembly Committee, 2nd Reading [A801 Detail]
Download: New_Jersey-2018-A801-Introduced.html
STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Assemblyman BOB ANDRZEJCZAK
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Permits, and establishes requirements for, sale of cottage food products.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the sale of cottage food products and supplementing Title 24 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this this act:
"Cottage food employee" means an individual, paid or volunteer, who is involved in the preparation, packaging, handling, or storage of a cottage food product, or otherwise works for a cottage food operation. "Cottage food employee" shall not mean an immediate family member or household member of the cottage food operator.
"Cottage food operation" means an enterprise that is operated by a licensed cottage food operator, has no more than one full-time equivalent cottage food employee, and is located within a permitted area of a private home where the cottage food operator resides, and at which a cottage food product is prepared or packaged for direct sale or indirect sale to a consumer pursuant to this act.
"Cottage food operator" means an individual who owns and operates a cottage food operation in the individual's private home.
"Cottage food product" means a non-potentially hazardous food that is prepared for sale by a cottage food operation.
"Department" means the Department of Health.
"Direct sale" means a transaction in which a consumer purchases a cottage food product directly from a cottage food operation. A "direct sale" includes, but is not limited to, a transaction occurring in-person at the cottage food operation, a farm stand, a farmers' market, or a festival.
"Indirect sale" means a transaction in which a consumer purchases a cottage food product made by a cottage food operation from a third-party retailer. An "indirect sale" includes, but is not limited to, a sale made to a retail shop or retail food facility where food may be immediately consumed on the premises.
"Non-potentially hazardous food" means any food that is not a potentially hazardous food, and shall include the foods listed in subsection b. of section 7 of this act, and any other foods as determined by the department.
"Permitted area" means the portion of a private home that contains the residential kitchen used for the preparation, packaging, handling, or storage of a cottage food product and related ingredients and equipment, and other rooms within the private home that are used exclusively for storage.
"Potentially hazardous food" means food that requires temperature control because it is in a form capable of supporting the rapid and progressive growth of infectious or toxigenic microorganisms, as determined by the department.
"Private home" means a dwelling unit, including an apartment or other leased space, where an individual resides.
"Residential kitchen" means a kitchen in a private home.
2. a. Notwithstanding any law, rule, or regulation to the contrary, an individual may sell cottage food products prepared by that individual in a residential kitchen, provided the individual obtains a cottage food operator's license from the Department of Health pursuant to section 3 of this act, and meets the requirements of this act and any rules and regulations adopted pursuant thereto.
b. The provisions of this act shall not apply to any individual who:
(1) prepares non-potentially hazardous food in a residential kitchen for sale or service at a religious or charitable function, such as a bake sale, provided the consumer is informed by a clearly visible placard at the sales or service location that the food is prepared in a kitchen that is not subject to regulation or inspection by health authorities;
(2) prepares food in a residential kitchen in a family child-care home; or
(3) prepares food in a residential kitchen in a bed and breakfast homestay or a bed and breakfast guesthouse, and offers that food to guests, provided the home is owner-occupied and breakfast is the only meal offered.
3. a. The Department of Health shall establish two classes of cottage food operator's licenses, as follows:
(1) a "Class A" cottage food operator's license, which shall entitle the holder to engage in direct sales of cottage food products from the cottage food operation or other direct sales venue. It shall not entitle the holder to make indirect sales or sales over the Internet; and
(2) a "Class B" cottage food operator's license, which shall entitle the holder to engage in both direct sales and indirect sales of cottage food products from the cottage food operation, other direct sales venues, offsite events, or third-party retail food facilities. It shall also entitle the holder to make sales over the Internet, provided the end-consumer is located in the State.
b. An individual seeking to obtain a "Class A" or "Class B" cottage food operator's license shall apply to the department in a form and manner determined by the department. The application shall include such information as the department deems relevant. The department may charge an applicant a reasonable fee to cover the department's reasonable costs for administering and enforcing the provisions of this act.
c. The department shall issue a "Class A" cottage food operator's license to any applicant who:
(1) demonstrates, to the satisfaction of the department, that any cottage food product prepared and sold by the cottage food operation is a non-potentially hazardous food;
(2) possesses a valid food handler's certificate, issued by a food handler certification agency approved by the department pursuant to section 8 of this act; and
(3) submits a self-certification check list, established by the department, certifying that the cottage food operation meets the requirements of section 5 of this act.
d. The department shall issue a "Class B" cottage food operator's license to any applicant who meets the requirements of paragraphs (1) and (2) of subsection c. of this section, and who passes an initial inspection pursuant to subsection f. of this section.
e. A cottage food operator's license issued pursuant to this section shall be valid for a term of two years from the date of issuance, unless suspended or revoked for cause, and may be renewed upon application to the department. The license shall be nontransferable and valid only for the individual, location, types of cottage food products, and types of sales approved by the department and specified in the license. A cottage food operator shall display the license in a conspicuous location in the permitted area of the cottage food operator's private home.
f. Prior to issuing or renewing a "Class B" cottage food operator's license, the department, or the local health authority, shall conduct an initial inspection of the permitted area of the applicant's private home to ensure compliance with the requirements of section 5 of this act. An applicant for a "Class A" cottage food operator's license shall not be subject to an initial inspection pursuant to this subsection.
g. If there is any question as to whether a proposed cottage food product is a non-potentially hazardous food, the department may require the applicant to have the cottage food product tested by an approved commercial laboratory, and to submit in writing the recipes, formulas, and procedures used in producing the cottage food product. Any required laboratory testing of a cottage food product shall be arranged and paid for by the applicant. The department shall maintain a list of approved commercial laboratories for cottage food product testing on its Internet website.
h. The department may establish a supplemental application to permit a licensed cottage food operator to seek approval to sell additional cottage food products which were not submitted or approved on the initial application.
i. The department shall establish the licenses, applications, and self-certification check list required pursuant to this section within 90 days after the effective date of this act.
4. a. The Department of Health or a local health authority may, during a cottage food operation's normal business hours, or at other reasonable times, inspect the permitted area of a private home where a cottage food operation is located if, on the basis of a consumer complaint, the department or local health authority reasonably believes that the cottage food operation is preparing or selling misbranded, adulterated, or otherwise unsafe food, or is violating any provision of this act, or any rules and regulations adopted pursuant thereto. Inspection of a cottage food operation pursuant to this section may include sampling of a cottage food product to determine if the product is misbranded, adulterated, or otherwise unsafe.
b. If, upon inspection of a cottage food operation pursuant to subsection a. of this section, the department or local health authority determines that the cottage food operation is selling misbranded, adulterated, or otherwise unsafe food, or is violating any provision of this act or the rules and regulations adopted pursuant thereto, the department or local health authority shall take appropriate measures to ensure the public health, as may be available to them pursuant to P.L.1947, c.177 (C.26:1A-1 et seq.) or any other law.
5. a. A cottage food operation shall meet the following requirements:
(1) No cottage food preparation, packaging, or handling shall occur in the residential kitchen concurrent with any other domestic activities, such as family meal preparation, dishwashing, clothes washing or ironing, kitchen cleaning, or guest entertainment;
(2) No infants, small children, or pets may be in the residential kitchen during the preparation, packaging, or handling of any cottage food product;
(3) Kitchen equipment and utensils used to produce cottage food products shall be clean and maintained in a good state of repair;
(4) All food contact surfaces, equipment, and utensils used for the preparation, packaging, or handling of any cottage food product shall be washed, rinsed, and sanitized before each use;
(5) All food preparation and food equipment storage areas shall be maintained free of rodents and insects;
(6) Smoking shall be prohibited in the portion of the permitted area used for the preparation, packaging, handling, or storage of cottage food products and related ingredients and equipment, or both, while cottage food products are being prepared, packaged, handled, or stored;
(7) Any individual with a contagious illness shall not work or otherwise be present in the permitted area of the cottage food operation;
(8) Any individual involved in the preparation, packaging, or handling of cottage food products shall keep their hands and the exposed portion of their arms clean, and shall wash their hands before any food preparation, packaging, or handling activity in the cottage food operation;
(9) Guests in the licensed cottage food operator's private home shall not use the residential kitchen during the preparation, packaging, or handling of cottage food products; and
(10) Any ingredients used in the preparation of a cottage food product shall be kept separate from those for personal use and must be properly labeled, stored, and protected.
b. The department may adopt additional health and safety requirements for cottage food operations. The department shall, within 90 days after the effective date of this act, publish the requirements described in subsection a. of this section and any additional requirements on its Internet website.
6. a. Except as provided in subsection c. of this section, a licensed cottage food operator shall sell only cottage food products which are prepackaged with a label affixed that contains the following information:
(1) the common or descriptive name of the cottage food product;
(2) the name and address of the cottage food operation;
(3) the ingredients of the cottage food product, listed in descending order of prominence by weight, if the cottage food product contains two or more ingredients;
(4) the net weight, standard measure, or numeric count of the cottage food product;
(5) allergen information, as specified by federal labeling requirements;
(6) if a nutritional claim is made, nutritional information as specified by federal labeling requirements; and
(7) the words "Made in a Home Kitchen" or "Repackaged in a Home Kitchen," as applicable, on the cottage food product's primary display panel.
b. A cottage food product shall be packaged in a manner that prevents or reduces the risk of contamination, unless the size, shape, or other characteristic of the cottage food product makes such packaging impractical or unnecessary.
c. A cottage food product, such as a bakery item, that is served by a cottage food operation or other retail food facility without packaging or labeling described in subsection a. of this section, shall be identified to the consumer as homemade on the menu, menu board, or other location that is easily visible to the consumer.
d. The department shall, within 90 days after the effective date of this act, publish on its Internet website, a guidance document to help cottage food operations develop food labels that comply with the requirements of this section and any applicable federal labeling requirements, and shall include sample labels.
7. a. The department shall, within 90 days after the effective date of this act, publish a list of cottage food products that are approved for sale by licensed cottage food operators on its Internet website. The list shall include, but need not be limited to:
(1) baked goods without cream, custard, or meat fillings, such as breads, brownies, biscuits, churros, cookies, pastries, and tortillas;
(2) candy, such as brittle and toffee;
(3) chocolate-covered nonperishable foods, such as nuts and dried fruit;
(4) dried fruits and nuts;
(5) dried pasta;
(6) dry baking mixes;
(7) dry herbs, seasonings, and mixtures;
(8) fruit pies, fruit empanadas, and fruit tamales;
(9) fudge;
(10) granolas, cereals, and trail mixes;
(11) honey and sweet sorghum syrup;
(12) jams, jellies, preserves, and fruit butters that comply with the federal standards for fruit butter;
(13) nut mixes and nut butters;
(14) popcorn and caramel corn;
(15) roasted coffee and dried tea;
(16) vinegar and mustard; and
(17) waffle cones and pizzelles.
b. The department may adopt a list of additional cottage food products which are permitted for sale by licensed cottage food operators, but which require laboratory testing first pursuant to subsection g. of section 3 of this act to determine whether the cottage food product is a non-potentially hazardous food. Such cottage food products may include, but need not be limited to, barbecue sauce, beverages, hot sauce, pickled beets, pickled vegetables, and salsa.
8. The Department of Health shall, within 90 days after the effective date of this act, issue a list of food handler certification agencies that are approved to issue food handler certificates to cottage food operators and cottage food employees for the purposes of this act. The department shall post the list of food handler certification agencies, and information on the locations, dates, and times of food handler classes offered on its Internet website.
9. The Department of Health may, within 90 days of the effective date of this act, and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations necessary to implement the provisions of this act.
10. This act shall take
effect immediately.
STATEMENT
This bill would permit, and establish requirements for, the sale of cottage food products.
A cottage food product is a non-potentially hazardous food that is prepared for sale by an individual in the individual's residential kitchen. Under the bill, an individual would be permitted to sell cottage food products, provided the person obtains a cottage food operator's license from the Department of Health (DOH), and complies with the requirements established in the bill and by the DOH. The bill would not apply to individuals who: (1) prepare non-potentially hazardous food in a residential kitchen for sale or service at a religious or charitable function, provided the consumer is informed that the food is not subject to regulation or inspection; (2) prepare food in a residential kitchen in a family child-care home; or (3) prepare food in a residential kitchen in a bed and breakfast homestay or guesthouse, and offers that food to guests, provided the home is owner-occupied and breakfast is the only meal offered. Such preparation and sale are already permitted under existing DOH regulations.
The bill would establish two classes of cottage food operator's licenses. A "Class A" cottage food operator's license would entitle the holder to engage in direct sales of cottage food products from the cottage food operation (CFO) or other direct sales venue. A "direct sale" is a transaction where a consumer purchases a cottage food product directly from a CFO. This includes sales made in-person at the CFO, farm stands, farmers' markets, and festivals. A "Class B" cottage food operator's license would entitle the holder to engage in direct sales and indirect sales of cottage food products. It would also entitle the holder to engage in Internet sales, provided the end-consumer is located in New Jersey. An "indirect sale" is a transaction in which a consumer purchases a cottage food product made by a cottage food operation from a third-party retailer, such as a restaurant or other retail food facility.
The DOH would issue a "Class A" cottage food operator's license to any applicant who: (1) demonstrates that the cottage food products prepared and sold by the CFO are non-potentially hazardous foods; (2) possesses a valid food handler's certificate from a food handler certification agency approved by the DOH; and (3) submits a self-certification check list certifying that the CFO meets the health and safety requirements established in the bill and by the DOH. A person would be issued a "Class B" cottage food operator's license if the person meets the requirements of (1) and (2) above, and passes an initial inspection by the DOH or the local health authority. A license issued pursuant to this bill would be valid for a term of two years, unless suspended or revoked for cause, and could be renewed. Additionally, if there is any question as to whether a cottage food product is a non-potentially hazardous food, the DOH could require laboratory testing of the food, to be arranged and paid for by the applicant.
The bill establishes minimum health and safety requirements for CFOs, and authorizes the DOH to adopt further requirements. It also establishes packaging and labeling requirements for cottage food products. The DOH or a local health authority would be authorized to inspect a CFO if, on the basis of a consumer complaint, the DOH or local health authority reasonably believes that the CFO is preparing or selling misbranded, adulterated, or otherwise unsafe food, or is violating the provisions of the bill or the DOH's regulations. If the DOH or a local health authority determines that the CFO is selling misbranded, adulterated, or otherwise unsafe foods, or is violating the provisions of the bill or the DOH's regulations, the DOH or local health authority would be required to take appropriate measures to ensure the public health, as may be available to them under existing law.
The bill would direct the DOH to publish on its Internet website a list of cottage food products that are approved for sale by licensed cottage food operators. The list of cottage food products would include certain baked goods such as breads, brownies, and cookies; candies such as brittle and toffee; dried fruits and nuts; dried pasta; dry baking mixes; dry herbs, seasonings, and mixtures; fruit pies, fruit empanadas, and fruit tamales; fudge; granolas, cereals, and trail mixes; honey and sweet sorghum syrup; jams, jellies, preserves, and fruit butters; nut mixes and nut butters; popcorn and caramel corn; roasted coffee and dried tea; vinegar and mustard; and waffle cones and pizzelles. Additionally, the DOH could adopt a list of cottage food products which are permitted for sale, but which require laboratory testing first to determine whether they are non-potentially hazardous foods. Such products might include barbecue sauce, beverages, hot sauce, pickled beets, pickled vegetables, and salsa.
Permitting the sale of cottage food products in the State will give residents greater access to fresh, locally made food products and help local economies. It will also remove some of the startup barriers for fledgling food entrepreneurs (e.g., the requirement to cook out of an expensive commercial kitchen and comply with extensive food safety regulations geared towards commercial food producers), potentially creating more small businesses and jobs in the State. Forty-two states currently have cottage food laws, meaning New Jersey is one of only a handful of states that still prohibit cottage food production. This bill, modeled off successful laws in California, Massachusetts, and New York, seeks to balance food safety with the desire to create meaningful opportunity for small-scale food entrepreneurs.
