Healthy New Jersey

Cottage Food

Frequently Asked Questions

Definitions

CFO

Cottage Food Operator

Cottage food product

non-TCS food that a cottage food operator prepares. Cottage food products include:

  1. Baked goods, including bread, rolls, biscuits, cakes, cupcakes, pastries, and cookies;
  2. Candy, including brittle and toffee;
  3. Chocolate-covered nuts and dried fruit;
  4. Dried fruit;
  5. Dried herbs and seasonings, and mixtures thereof;
  6. Dried pasta;
  7. Dry baking mix;
  8. Fruit jams, fruit jellies, and fruit preserves;
  9. Fruit pies, fruit empanadas, and fruit tamales (excluding pumpkin);
  10. Fudge;
  11. Granola, cereal, and trail mix;
  12. Processed honey and sweet sorghum syrup. 
    NOTE: Raw, unprocessed honey is not a cottage food and is not subject to permit requirements;
  13. Nuts and nut mixtures;
  14. Nut butters;
  15. Popcorn and caramel corn;
  16. Roasted coffee and dried tea;
  17. Vinegar and mustard;
  18. Waffle cones and pizzelles; and
  19. Upon written application to the Public Health and Food Protection Program, other non-TCS food.

See more information about Cottage Food Products

Cottage food operator

A person who holds a New Jersey Cottage Food Operator Permit.

Department

The New Jersey Department of Health.

Health authority

A local board of health with jurisdiction, and/or the Department.

Major food allergen Any of the following, and/or a protein derived from any of the following:
  1. Milk;
  2. Eggs;
  3. Fish;
  4. Crustacean shellfish;
  5. Tree nuts;
  6. Wheat;
  7. Peanuts; and
  8. Soybeans; and
Excludes:
  1. Any highly refined oil derived from a food specified in paragraph 1 above and any ingredient derived from such highly refined oil; and
  2. Any ingredient that is exempt under the petition or notification process specified in the Food Allergen Labeling and Consumer Protection Act of 2004 (Public Law 108-282).
Non-TCS food

A food which will not support the growth of disease-causing bacteria. A non-TCS food does not need time and temperature controls to remain safe for consumption.

PHFPP

The Public Health and Food Protection Program.

TCS food A food that requires time and/or temperature control for safety to limit pathogenic microorganism growth or toxin formation.

See more information about TCS food

Water Potability

Potable water is water that is safe for drinking and cooking.

 

Zoning

What are zoning laws?

Zoning laws, zoning regulations, and zoning ordinances restrict the way property can and cannot be used. Each local municipality has its own zoning laws. Some zoning laws prohibit the use of a residential home for small business purposes.

How do I know if my town will allow me to have a cottage food business in my home?

Contact your local zoning office to see if you can have a cottage food business in your home. The NJ Department of Health will not approve your application if your local zoning laws prohibit a Cottage Food business from operating in your home.

 

Find your local zoning board

 


Requirements for Submission

What do I need to submit with my application?

To apply for a Cottage Food Operator permit:

  1. Submit your completed application form CFO-1 [PDF]
  2. For each finished product, each frosting, and each filling, submit a completed Product Questionnaire.
  3. Submit proof of water potability (a copy of your well water report or your recent water bill).
  4. Submit a copy of your Food Manager’s Certificate.
  5. Submit $100 payment for the application fee (online by check or credit card).

Application Instructions

Can I send a picture of my completed application?

No, a picture of the form is not acceptable. If you have technical difficulties with saving a file or submitting by email, please mail your application to the address at the top of the form.

Application Instructions

How do I prove water potability?

Submit a copy of a recent water bill or a laboratory analysis report.

Water Potability Instructions

Why do I need a Food Protection Manager Certification and how do I get one?

You need Food Protection Manager Certification (NOT Food Handler) because you are making and selling food to the public. Food Manager training will help you understand how to make food safely. You must send your certificate with your application. NJ Department of Health (NJDOH) does not directly offer training or certification.

Food Protection Manager Certification Instructions

Do I have to submit all product information including ingredients, process, source, and labels along with my application form?

Detailed answers to the Product Questionnaire are required for each different product, filling, and icing that you intend to sell under the Cottage Food Operator's Permit. A Food Safety Specialist will evaluate your answers to ensure that each product is non-TCS as required. Incomplete or vague answers that prevent a thorough safety review will result in denial of your product.

You may include your Product Questionnaire answers in the body of your email or in a separate document attachment with your submission. Please answer all questions for each product you will prepare. You may list multiple flavors on the same questionnaire if the base recipe is the same.

Product Questionnaire: complete for each finished product, each frosting, and each filling

  1. Name of Product, Filling, or Frosting

  2. Is this product information a trade secret? Trade secrets are not subject to the Open Public Records Act, therefore they are not accessible to the public.

  3. List all ingredients that are or may be used in this recipe. Include the quantity of each, preferably by weight in ALL ounces or ALL grams.

  4. Describe the step-by-step recipe instructions/process for making this product.

  5. Where do your ingredients come from? Indicate the source of raw ingredients.

  6. Submit a copy of the product label as it will appear on the finished product.
How do I add products to my existing permit?

Each new product must be carefully reviewed and approved by a food safety specialist. A complete application is required for review purposes. To add products to an existing permit, complete a full application form, attach all required supporting documents, and pay the application fee of $100. If your product submission is approved, your permit expiration date will extend to two years from the new permit issue date.

I just received my issued permit and I realized I forgot a product on my application. Do I have to pay again?

Yes. Each submission of products initiates a new review process. A full application and payment are required for each separate submission of products.


Submission Process

What methods of payment are available?

Payment methods include check, e-check, and credit card. Online payments must be processed using the online submission system.

How do I submit my application?

If payment was made online, send the completed application form CFO-1 and the supporting documents (CFO-1 application, Product Questionnaire, Food Manager’s Certification, and Proof of Water Potability) as PDF attachments via email to: cfo@doh.nj.gov

Application Instructions

May I drop off my application in person?

Walk-ins are not accepted and there is no receptacle for personally delivered applications. All applications must be filed electronically via email to cfo@doh.nj.gov or, if needed, mailed via USPS or courier to ensure proper processing.

Can I get expedited service?

This office does not offer expedited service. Each application is carefully reviewed by a food safety specialist for compliance with the Cottage Food rule and to ensure public safety. The review process takes 8-12 weeks from receipt to conclusion. Failure to submit a complete application with all required documents will significantly delay the review process

Is the application fee refundable?

The application fee pays for the processing and review of your application form and is non-refundable. If the application is denied, you will be given an opportunity to revise the form and submit the missing documents. If you are unable to meet the requirements or choose not to resubmit, your application fee will be forfeit.

Can out of state residents apply for the Cottage Food Operator's permit?

The Cottage Food Operator's permit is only for residents of New Jersey.

How long is my permit valid?

The Cottage Food Operator’s Permit is valid for 2 years.

Is the permit transferable from one address to another?

The CFO permit is not transferable from one address to another.  When a Cottage Food Operator changes their address, they are required to apply for a new CFO permit.  The information on their product labels, including the city address and their new CFO permit number, must change.  The old label is no longer valid.

Will my home kitchen receive an inspection?

Home kitchens are not inspected by the Department of Health. However, if the Department receives notice that the Cottage Food Operator is preparing TCS food at a private residence, the Department may investigate. In the event of a foodborne illness outbreak, the Department or local health authority may act to prevent an immediate and serious threat to human life or health. 

Who should I contact if I have additional questions?

You may contact the Cottage Food Operators project via email cfo@doh.nj.gov with any questions.


Labeling

What are the Labeling requirements for the Cottage Food Operators?

All packaged cottage food products must be labeled with the following:

  • The common name of the cottage food product;
  • List of ingredients listed in descending order of predominance by weight;
  • Statement: “Contains” then list any major food allergens;
  • Cottage Food Operator’s Name, or Business name,
  • Cottage Food Operator’s Permit #; 
  • City address and “NJ”; and
  • The following statement: 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.

Sample Label:

Oatmeal Raisin Cookies
Ingredients: Flour, oats, brown sugar, raisins, walnuts, eggs, butter, vanilla extract, spices
Contains: Wheat, tree nuts, and eggs
XYZ Company    Bakersfield, NJ
CFO#10
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.

 

Do I have to label each individual Cottage Food product when selling at a farmer’s market?

If you are selling prepackaged food, you must put the full product label on the package. If you are selling individual food items, like cupcakes, you must provide at least one tag with the full labeling information. You must also have a sign on display with your permit information and the statement: 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.

On the product label, do I have to list the allergens that I wrote on my application?

Yes, you must state on the label if your food item has one of these major allergens: eggs, fish, milk, peanuts, sesame, shellfish, soy, tree nuts, wheat.  

Do I have to include my home address on my product labeling?

Yes, you must include the physical address of your home kitchen on your product label.  

 


Sales

Can I sell dog treats or pet food?

No, you cannot make or sell dog treats or pet food under the Cottage Food rule (NJ.A.C. 8:24-11.1). The cottage food operator’s permit applies only to human foods. The cottage food permit does not apply to pet foods.

Pet food questions may be sent to the NJ Department of Agriculture. The New Jersey Commercial Feed Law is available online. [PDF]

Can I sell dried herb mixtures or dried herbal teas made from home-grown or foraged herbs?

All ingredients must be obtained from an approved source. To ensure the health and safety of each ingredient, all ingredients must be obtained from sources that are registered with the applicable local or state health department or department of agriculture.

Can I mail food to my customers?

No. Under the Cottage Food Operator's permit, you are not allowed to send products through common carriers like USPS, FedEx or DHL. Products must be transferred to the customer in person. To make food in a commercial kitchen and mail product to the customer, contact your local health department.

Can I operate my business online?

You may advertise your business online, accept online orders, and process online payments. You may not send products to your customers through the mail. To mail products to your customers, you must use a commercial kitchen and obtain a retail food license from your local health department.

Can I sell my products from a retail store or commercial kitchen?

No. The Cottage Food Operator's permit is strictly for sales from a residential home. For sales from a commercial establishment or kitchen, consult the local health department.

Can I participate in a street fair, farmer's market, or roadside stand?

Local municipalities have their own additional licenses and permits to set up stalls or tables in approved areas. Cottage Food Operators are required to obtain a temporary food permit for any event as would any other food vendor.  Local policies enacted by farmers market boards and other local governing bodies are outside the scope of any Cottage Foods regulations. Consult the local health department to determine the protocol for acquiring a food sale permit.

Can I prepare food onsite at an event?

The NJ Cottage Food Operator’s permit is for food that is prepared and finished in your home kitchen. The Cottage Food Operator's permit is not appropriate for making food onsite at a temporary food event. Consult the local health department to determine the protocol for acquiring a temporary food permit for the event.

Can I sell my products to a retail store or wholesale food establishment?

No, you cannot sell your food products to a retail store or a wholesale food establishment under the Cottage Food Operator permit. The NJ Cottage Food Operator must comply with the rule 8:24-11.3 and must not deliver or relinquish any products to a retail or wholesale food establishment. To operate a wholesale food business, a commercial kitchen and a Wholesale Food-Cosmetic License are required.

Can a nonprofit organization produce and sell Cottage Food products?

Charitable bake sales are not impacted by the new Cottage Food Operator permit rules.  Charitable bake sales continue to be exempt from regulatory inspection if the baked goods do not require refrigeration and the required signage is posted. Consult the local health department for more information.

Do I need to register my business? How do I register my business?

A registered business is not a prerequisite for the Cottage Food Operator's Permit, but other agencies and authorities may require you to have a registered business in order to sell your product. All questions related to registered businesses may be directed to New Jersey Division of Revenue.

How do I pay my taxes?

In New Jersey, baked goods are not subject to sales tax.  The collection of sales taxes is not a condition for obtaining or maintaining the New Jersey Department of Health Cottage Food Operator (CFO) permit.  However, CFO permit holders are limited to $50,000 gross annual sales. 

 


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