Selling food from my home / Craft shows...help!

[Stucas]

Hopefully someone here can help me. I've looked all over and haven't found any definitive answers. I make decorated cookies and recently I have had several people ask if I would sell these. I would love to be able to make some extra money doing this but I'm afraid its illegal. It would be out of my home kitchen. The only information I found said that the state of NJ will not give a license for home kitchens. There was really no more info. I know alot of states say the same, but then have an augmented rule that its okay and you don't need permission if you make under a certain amount of money per year. Well this would just be a hobby (although I'm hoping to make it a business once DFi and I move into a house and I can build a separate "liscenceable" kitchen) For now my main concern is I was hoping to sell at some craft shows this winter. Different baked goods such as packaged cookies, brownies, cocoa cones and things similar.

Does anybody know if this is a big no-no or what the consequences would be if its not allowed and I get caught?

Thanks,
Lauren

 

[JC Drake]

I don't know any specific answers to your questions, but if it was me, my first phone call would be to my insurance company to find out what would happen if someone claimed they got sick/broke a tooth/choked/fed to their pet and said pet died/didn't enjoy and are emotionally in pain over it/you get the idea... I'd start there.

 

[storzo]

I'm in Passaic County and in my hometown it would be a definate no-no. Businesses are not allowed in residential areas and food must be prepared in a kitchen with Health Department approval. Violators here are usually given a municipal court summons with the fine decided by the judge.

That said, it does goes on and violators are usually only caught because a neighbor will complain about the "traffic" going in and out. If you only plan to sell at shows and are okay with your neighbors you would probably (not definatley) get away with it here.

 

[rayelias]

For starters, I would think the Board of Health would absolutely need to inspect your kitchen and give you a permit.

I probably wouldn't risk it without everything researched and done properly (insurance, permits, licenses, etc.) Do you really want to risk losing your home (and savings) to make a couple extra bucks under the table? God forbid someone gets sick.

 

[agentpleakley]

I agree with all above posters. You may want to check out cakecentral.com. There are plenty of discussions re: starting a (food) business out of your home.

 

[Imzadi]

Is it possible to rent a commercial kitchen for a few hours to make your stuff? Also, you will need some kind of permit from the board of health to sell at Craft Fairs, because you will be classified as a food vendor. I believe they have some sort of one day training to make sure you know how to handle food properly, in order to get certified.

 

[java]

My SIL had a cookie business. She did great. But the laws vary by state. She was able to work in a home based kitchen in Florida- but not in VA? So she ended up folding the business. In NJ it really isn't that hard to get cleared for food prep for sale(I have a friend that is a caterer and cooks in her home kitchen) She just had an inspection. You can't have pets.At least when she registered she couldn't. I think that might have been my sil problem in virginia too- they had a dog then.
First call your local town hall office- they can give you some small business advice and also tell you about licensing.

 

[DMRick]

I have an inspected kitchen (in NY it's from ag and markets). It only allows me to pack food items already made, not cook (such as cookies in a jar, and wrapping candybars). They showed me just how I had to label my items, with ingredients, weight, name and info on the label etc. I had to have that with me at craft fairs.

The actual cook certificate was much more involved, such as a separate kitchen sink, and much much more. But in NY, I believe some baked goods only need the more simple certificate. Besides that, I have business insurance. This is a pretty litigious society, and lots of allergies are out there. While my items don't have nuts in them, some of my ingredients had been made in a factory that contained nuts. So not only did that have to be on my label, but I opening myself up to a lawsuit if someone had a problem. I no longer make the cookies in a jar, it just seemed like I was asking for trouble.

 

[Imzadi]

I have an inspected kitchen (in NY it's from ag and markets). It only allows me to pack food items already made, not cook (such as cookies in a jar, and wrapping candybars). They showed me just how I had to label my items, with ingredients, weight, name and info on the label etc. I had to have that with me at craft fairs.

The actual cook certificate was much more involved, such as a separate kitchen sink, and much much more. But in NY, I believe some baked goods only need the more simple certificate. Besides that, I have business insurance. This is a pretty litigious society, and lots of allergies are out there. While my items don't have nuts in them, some of my ingredients had been made in a factory that contained nuts. So not only did that have to be on my label, but I opening myself up to a lawsuit if someone had a problem. I no longer make the cookies in a jar, it just seemed like I was asking for trouble.

I'm not clear on what you said. Did you RE-wrap candy bars & cookies? I sell gift baskets in NY, just placing the original items, with original, unopened packages. So individual candy bars stay the same, just all assembled together in the baskets. Am I supposed to get a separate permit/certificate for that?

 

[DMRick]

I'm not clear on what you said. Did you RE-wrap candy bars & cookies? I sell gift baskets in NY, just placing the original items, with original, unopened packages. So individual candy bars stay the same, just all assembled together in the baskets. Am I supposed to get a separate permit/certificate for that?

Most of the craft fairs I sold at (we stopped doing craft fairs a cople of years ago..but we are still in business) had a rule that if you sell any food, you had to have the certificate. While I did not have to have it for the candybar wrapping in NYS (putting new wrappers, over the original), I did for the assembly of the cookies in a jar, since I was touching unwrapped items. You aren't touching unwrapped items.
However, my business insurance requested I have it, to be covered by them in a lawsuit...and they wanted it even just for the candybar wrapping (selling any type of food made them very nervous). Once I stopped making the cookies in a jar, they were a lot happier. I have kept up the certificate (now I just have to send in a paper every couple of years) because I may want to do that or something similar again. Personally, I thought the inspection was poorly done. Other than the label info, it was a very simple inspection for the type I got, and took about 20 minutes total.
The type of certificate you get for actual cooking is much more complicated (my form has much more on it, that would have to be completed if I did that). But I still think baking is different..at least in NYS. Chocolate and candy, making etc. had a lot more rules to it than the baking, as I remember.

 

[va32h]

Everyone else has pretty much said it all. Most craft fairs will ask to see your health permit (and sales tax permit too). Some very small ones may not. But I have been at fairs where the health inspector came around and shut people down. You'd probably be facing a fine if caught.

If you were to do this, it should probably be just limited to friends that you feel confident would not turn you in or sue you!

 

[ducklite]

A friend of mine lives in NJ and makes homemade candy with seasonal decorations and colors. She also makes candies for weddings, showers, etc.

She looked into getting licensed, and bottom line would ahve to rent space in a commercial kitchen. The requirements for the kitchen would have required extensive renovations to her home that would make it entirely cost prohibitive.

So instead of getting licensed and expanding her business, she continues to only sell to friends, family, and co-workers.