Utah Cottage Food Law

Getting started in Utah as a cottage food producer is easy. All sales must be direct to your customers and your products must be consumed in homes. There are little limitations on the types of food you can make and sell. Utah has two food laws: a cottage food law and a food freedom law. Ready to take your cottage food business online? We’ll help you build an online store in minutes.
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Where can you sell?

In Utah, you can sell cottage food at farmers markets, home, and online.

What kinds of food can you sell?

Utah's food freedom law allows artisans to sell nearly any food, except for raw milk and certain products that contain meat.

What should be on my product labels?

Labels must include allergens, business address, business name, and a note that your product was made in an uninspected kitchen.

Is there an income cap?

There is no income cap to how much a home-based vendor can sell in Utah.

Are there any special requirements?

All sales must be direct to your customers and sold within the state of Utah. Your products must be consumed in a home and not any other venue.

Where can I find more information?

Contact the Utah Department of Agriculture and Food at (801) 633-3965 or agriculture@utah.gov. Learn more about cottage food laws here.

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*Cottage food laws change regularly — always double check the requirements for running a home-based food business with a legal expert or your local health department.

Utah Cottage Food Law

For those looking to start a cottage food business, Utah is perhaps one of the best states to do it in. They are incredibly liberal in regards to their cottage food laws, and are supportive of the home cooks, artisans, bakers, and farmers in Utah that want to sell their goods to others. If you're wondering what are cottage laws, these are laws that allow people to sell home-made goods without having to worry about restrictions that might be put on a commercial kitchen. Restaurants, retailers, and grocery stores don't fall under cottage food laws. Additionally, some states won't allow you to sell homemade food if you already have a commercial food business, as all food sold must be done through a registered and licensed kitchen.

Nevertheless, there are many benefits to being able to have a cottage food business. Not only can you help your neighbors and local community get the freshest food, but you can also make a sizable amount of income. Depending on the state, certain restrictions will apply in terms of the amount of income you can make per year from your business, the types of food you can sell, labeling of the food, and where you can sell the food. In general, you won't be able to sell wholesale, meaning to third-party retailers like local stores and restaurants. Other states might also ban you from selling food online and only allow you to sell directly to a consumer, either from a farmer's market or other location.

Lastly, cottage food itself varies quite a lot from state to state. A cottage food business generally can only sell non-hazardous foods to clients, meaning food that doesn't carry the risk of harboring foodborne illness and germs. Generally, these are foods that don't have any custards or fillings, such as cream cheese or frosting, foods without meat, foods that are only baked such as breads, loafs, rolls, biscuits, and scones, and mixes such as dry herbs, seasonings, granola, nut mixes, and more.

However, this list is not exhaustive, and some states might allow:

  • Certain meat
  • Vinegars
  • Syrups
  • Seasonings
  • Certain pies
  • Certain fruits
  • Certain baked goods with fillings

...While others ban these items completely. This is why it's important to familiarize yourself with the cottage food laws Utah has in order to remain in compliance.

Fortunately, Utah has one of the best cottage food freedom laws in the United States, only slightly more restrictive than Wyoming. HB181 Utah is the Utah home consumption and homemade food act that went into effect in Utah in 2018. Unlike other states, the Utah food freedom act allows artisans to sell meats, poultry, live birds for slaughter, rabbit meat (pending approval), and so much more directly to consumers. This is a good option for homemakers, and is easier to apply for although it allows less products to be sold.

Residents can also reference the 2007 Utah cottage food law, which does require inspections and fees. If you're wondering can you sell homemade food without a permit in Utah, the answer is both yes and no. The home consumption and homemade food act Utah has still requires residents to fill out an application beforehand and follow additional steps which include:

  • Showing information on recipes (10-12 max)
  • Informing inspectors on how animals will be kept out of the kitchen permanently
  • Showing inspectors how sanitization will be kept in place
  • Demonstrating how common allergens like peanuts, tree nuts, milk, egg, soy, wheat, fish, and shellfish will be kept separate during preparation of food
  • Showing inspectors how all utensils, ingredients, and sanitization products will be kept separate from all other kitchen items and at least 6 inches off the floor

Although these might seem like a lot of requirements, they are far less than commercial kitchen requirements Utah has, and once an inspection is completed Utah residents using the cottage food law do only annual inspections. If filing under HB181, there are no inspections, licensing, or registrations required, so weigh your options!

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Those starting a food business in Utah will still need to register their business for tax purposes. In addition, cottage food law Utah requires all people applying for a cottage food business obtain a Utah food handlers permit online or in-person. The food handlers permit Utah cost is incredibly affordable at only $7 to $10, and can be easily completed online. If you're wondering how to get food handlers permit Utah, you can easily look online for websites that offer certification courses that are government-approved.

For those wondering what permits do I need to sell at a farmers market besides a food handler's license, the answer is none in Utah! There is also a new microenterprise home kitchen permit that residents can use to sell homecooked meals, much like a restaurant incubator. The Utah microenterprise home kitchen act does still require a local health department Utah food license.

In general, for those wondering how much is a cottage license, they can range anywhere between $100 to $300 in other states, meaning food vendors in Utah using HB181 can save money.

Finally, for people asking themselves how to sell homemade food in Utah, the state only allows foods to be sold at:

  • Farmers markets (only in separate areas that clearly are marked off as selling homemade food)
  • Homes
  • Offices
  • Direct delivery
  • Home pickup
  • Another agreed-upon location between the seller and end buyer

You cannot sell to restaurants or retail stores using HB181, or do catering or wholesale with just a homemade food license. Still, you can profit as much as you want since there is no cap on annual sales in Utah! Utah also has some amazingly diverse cottage food options that require minimal labeling. Labels should include:

  • The producer's name and address
  • Message stating the item is not for resale and processed and prepared without state or local inspection
  • Whether the product contains or was prepared around allergens

What is Cottage Food in Utah?

Before getting a cottage food permit Utah, you should know that they have a wide range of foods that can be sold to consumers that aren't traditionally allowed in other states. These include:

  • Meats such as poultry if the producer slaughters no more than 1,000 birds per year
  • Air-cooled boiled eggs
  • Canned acidic food with a pH of 4.6 or less
  • Foods with water activity of less than AW 0.85
  • Non-perishable foods such as cookies, cakes, baked goods, biscuits, bread, loafs, pies, jams, jellies, preserves, honey, syrups, dry baking mixes, spices
  • Granola
  • Popcorn
  • Popcorn balls
  • Nut mixes
  • Dried fruit
  • Chocolate-covered fruit

Foods that are still not covered by either the cottage food law or HB181 include:

  • Raw milk
  • Raw dairy products
  • Wild game

Selling produce in Utah is still allowed, provided it's only uncut fruits and vegetables that are raw and sold directly to a restaurant or retailer. The new microenterprise kitchen act also allows foods ready-to-eat be sold to consumers. This includes raw meats and vegetables that have already been cooked, foods that do need to be time or temperature controlled, but are sold on the same day and consumed elsewhere besides the home kitchen. Also, mollusks and shellfish still cannot be sold through this act.

Cottage Food Laws by State

Not all states will be as generous as Utah in terms of food allowed, unlimited sales, and even with options such as operating micro-kitchens. Below are a few states that have different cottage food laws and regulations.

Cottage Food Laws Wyoming

Wyoming comes close to Utah in terms of allowing the sale of poultry, certain meats, and fish that isn't catfish. They do cap their sales, however it is fairly large at $250,000. Residents can also sell wholesale, most recently including eggs in their sales! Wyoming is less restrictive overall.

Cottage Food Law California

California only allows the sale of non-hazardous food, meaning foods that don't need to be time or temperature controlled to remain safe to eat. Licensing requirements are also different, in that they have 2 permits available, class A and class B permits. A Class A permit can allow sales through farmers markets and directly to consumers, while a Class B allows sales through third-party retailers.

Cottage Food Laws Florida

Selling home from food in Florida in fairly standard. Cottage food laws Florida 2020 allow sales to happen online and through mail order, but only allow for the sale of non-hazardous food. These include candies, popcorn, granola, jams, jellies, preserves, and dry herbs just to name a few. In Florida cottage food law taxes should still be paid if the business is making a sizable income. A cottage food operation can only make up $250,000 in annual sales.

Cottage Food Laws PA

Pennsylvania is unique in that it allows beef jerky to be made and sold from home! Unlike Utah, vendors can sell across state lines and anywhere they want to, so long as they are licensed. The process can be lengthy, but is well worth it since there are no annual limits on food sold. Vendors also cannot have pets anywhere food will be sold ever, and must pay for food testing if needed.

Cottage Food Laws Nevada

Residents of Nevada will need to register with one of four region health districts to sell their homemade goods. They cannot exceed $35,000 in annual sales, which is a tighter cap than most.

Cottage Food Laws Idaho

Idaho has very minimal restrictions on the sale of non-hazardous foods. They can be sold at events, farmers markets, roadside stands, online and at home.

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