Food Cottage Industry Bill

I had the opportunity to talk about the benefits of HB 2103 last week. It’s a real simple bill with the potential to have a big impact. It would basically allow folks to prepare (not potentially hazardous) food in their own home for commercial purposes as long as they package and label it with the ingredients and place it’s made and also letting the buyer know that it wasn’t made under government supervision. I think there may have been an amendment that would limit it to just confections.

Anyway, I like it because it provides self employment opportunities to folks that might not otherwise be able to find employment. For example, there are 900 or so group home for folks that have developmental or intellectual disabilities in Arizona. If this bill were to be successful, it could provide a way for these folks to start a small oatmeal cookie business for example. This would give them the opportunity to make a little pocket change as well as build self esteem for the bakers by knowing they are making something that someone else can enjoy.

By azdhs-admin|2011-02-24T19:47:00-07:00February 24th, 2011|General|30 Comments

About the Author: azdhs-admin

Arlis Jenkins is the Hepatitis C Epidemiology Program Manager at the Arizona Department of Health Services. Her work involves specialized knowledge of state and local jurisdictions, social determinants of health and harm reduction services including drug user health and sex positivity. She is tasked with hepatitis C elimination planning and strategy implementation, a collaborative project that necessitates statewide community engagement and the formation of strategic partnerships to increase access to quality hepatitis C prevention and care services for all Arizonans.

30 Comments

Leslie W. March 14, 2011 at 6:08 pm

I just checked the amendments on the Bill. The amendment lists “confectionary” as “sugar free or sugar candies”. Will this in fact allow cookies and desserts like baklava to be made in a home? Provided they meet all the labeling criteria? Or just sweets that are actually candy ie: brittles, caramels, etc.
- Leslie W. March 14, 2011 at 6:10 pm
  
  Let me rephrase that. Provided they meet all criteria for labeling, food handlers card, etc.
  - Will Humble March 16, 2011 at 3:47 pm
    
    Leslie-
    The bill, as passed out of the House of Representatives, actually would allow any “not potentially hazardous food,” which would include cookies. ADHS is working with the various county health authorities to amend the bill in the Senate to apply to “baked and confectionary goods that are not potentially hazardous.” You can see the House version of the bill here. http://www.azleg.gov/legtext/50leg/1r/bills/hb2103h.pdf
    
    So to answer the question, if baklava is baked, then it would probably be okay.
Kim C March 22, 2011 at 4:57 pm

I am so very excited about this bill! Myself along with so many other cake decorators I know are totally behind this and I’m trying to get the word out to share what’s going on. Is there anything we can do to help promote this bill? I can’t even begin to tell you how good this would be for those of us wanting to be able to make our cakes and bakery goodies from home! Please let me know how we can help or what we can do to spread the word. Thank you so much for everything you’ve done to get this billed passed.
- Will Humble March 23, 2011 at 10:31 am
  
  Kim C-
  Please contact your local Legislature to help promote this bill.
  Thanks,
  Will
Denay April 12, 2011 at 5:17 pm

The new AZ cottage food law is great news. I live in North Carolina which has the best cottage food law in the nations and dynamic educational programs to support food entrepreneurs; AZ would be wise to contact them and gain some valuable insight into how they can assist these new small business owners.
- Will Humble April 13, 2011 at 3:51 pm
  
  Denay,
  Thank you!
Jamie Dravis April 19, 2011 at 10:05 am

Has this act in fact been passed in Arizona and if so, how do you register for it?
- Will Humble April 21, 2011 at 3:57 pm
  
  Voters passed the initiative and ADHS started the program. You can find out more at http://www.azdhs.gov/medicalmarijuana
Rachelle April 21, 2011 at 10:30 am

I know that many people, including myself, are grateful for HB2103 (I’m sure the state is too…$$$), but I’m unable to find out when the bill actually takes effect.
- Will Humble April 21, 2011 at 3:54 pm
  
  Thanks for writing. The bill will take effect on July 20th based on the current Arizona Legislature website information.
  - Trisha July 21, 2011 at 7:34 am
    
    I can not find this information any place else. And, I have been on hold for hours with ADHS for Maricopa County. I make my own spice blends, dry rubs and flavored sugars. How do I find out if these non hazardous items fall under this new bill?
    - Will Humble July 26, 2011 at 12:40 pm
      
      Trisha,
      Please visit our information page that should help you out.
Whitney May 17, 2011 at 10:41 pm

I have a question. I live in Northern AZ and was wondering if we will have to get a business license or if a food handlers permit is all we need. Thanks!
- Will Humble May 19, 2011 at 8:38 am
  
  Whitney,
  You may want to contact your County Health Department, and the City in which you live for this information.
John June 7, 2011 at 5:03 pm

Do you still need to retrieve a permit from Environmental Services (i.e. a $260 food processors permit)?
- Will Humble June 10, 2011 at 12:38 pm
  
  John-
  You will need to check with the County you are in regarding food permits.
Allison June 16, 2011 at 6:39 pm

When I tried to contact the Health Dept. about this new law they said they knew nothing and they would call me back. (they never did) How do I find out what kind of permits or licenses I need to move forward with making baked good out of my house and selling them?
- Will Humble June 24, 2011 at 12:23 pm
  
  Allison,
  We have the registation online July 20th.
Lylah Ledner July 8, 2011 at 10:29 am

Thanks for your personal support of this. It’s awesome. We’re very excited about this new AZ bill.

My question is about this “baked and confectionary goods that are not potentially hazardous” I have looked at the list of what is considered but am a bit confused – perhaps you can clarify for me.

On the list of what is potentially hazardous are items like egg and dairy. Most of us bake using eggs and dairy. Fudge , which is a confection, is made with dairy and a boat load of sugar.

According to the list it seems as if it will limit things.

Thanks again…and I love your blog!

Lylah
- Will Humble July 15, 2011 at 1:39 pm
  
  Lylah,
  Please view the bill in it’s entirety at the following link. Also, thank you for the positive feedback!
  Will
John Janezic July 11, 2011 at 8:56 am

Mr. Humble,

Congratulations on a very exciting Bill! My question is this: I am a little confused at “not potentially hazardous food,” so does this mean I can make cakes that require milk, butter, eggs to prepare?

Thanks again,

John
- Will Humble July 15, 2011 at 1:38 pm
  
  John,
  Please review the bill in it’s entirety, please follow the link.
Jamie Dravis July 20, 2011 at 8:15 am

Now that it’s July 20th – how do you register an at home baking business with the HB2103 bill?
- Will Humble July 26, 2011 at 12:58 pm
  
  Jamie Dravis,
  Please visit our website for information.
Kim C July 20, 2011 at 11:48 am

I was just reviewing the food saftey manual for the food handler’s card and found something that needs to be changed now with this new Cottage Food law. Not sure who needs to change it so I came to you first.

It states on page 7 : “It is illegal to serve or sell foods prepared at home or from any unlicensed kitchen. Food for the public must be prepared in a licensed kitchen approved for that purpose. Health Inspectors (people trained by the Health Authority) must check the kitchen to ensure food is prepared and stored in a safe manner.”

Is this something you can help change or can you recommend who to talk to?
Thank you!
- Will Humble July 26, 2011 at 12:57 pm
  
  Kim C,
  Please visit Maricopa Counties webpage.
Jordan Kilmer January 27, 2012 at 10:21 am

What are ALL the available positions after obtaining a food workers card? with minimum requirements. I’m a high school graduate and I just got my food workers card and was just wondering what staffing employment opportunities were available to me?
Bobby June 2, 2012 at 9:56 am

Who do I contact to report a Cottage Bakery that is not in compliance?
- Will Humble June 4, 2012 at 10:06 am
  
  Bobby,
  Please visit our website for contact information.
  Thanks