New Rules Boost Cottage Food Sales

Sarah Lewis of UAF Cooperative Extension Service faculty discussed the new regulations in webinars this month on selling homemade foods. Lewis stresses that, while the new rule eliminates the need for state inspections of allowed foods, cooks must meet other applicable requirements, such as having a business license and following local zoning restrictions. They also need to ensure their preparation space qualifies as at least a “residential grade” kitchen, which usually has a sink, refrigerator, freezer, stove/oven, and counter(s).

In addition, homemade food must always be sold separately from inspected food, with clear labeling and signage to help consumers make informed choices. The Alaska Department of Environmental Conservation’s online guide to homemade foods says that, for all foods sold under the exemption, producers must provide their name, current address, telephone number, and business license number.

• For packaged foods, the state requires listing the information on a “clear and prominent label” that also includes the statement: “This food was made in a home kitchen, is not regulated or inspected, except for meat and meat products, and may contain allergens.”
• For unpackaged foods, the producer must state that “the unpackaged homemade food was prepared in accordance with AS 17.20.332 – 17.20.338 and is not subject to certain state certification, labeling, licensing, packaging, regulation, or inspection requirements.”

The state says non-potentially hazardous foods “do not require time or temperature control to be safe for people to eat.” As examples, the homemade foods guide lists “cookies, sourdough bread, fudge, jams and jellies, vinegar, pickled vegetables.” These foods generally have high acidity, meaning a pH between 0 and .5, Lewis says.

The new rules also eliminate a sales-volume limit. “That was one of the things I was really hoping this would do,” Lewis says. Under the old rules, which had sales limits, “it was really, really hard for people to move from cottage foods to permitted foods.”

Those who make non-potentially hazardous foods can sell them either directly to consumers or through a third party. The state also allows online or mail-order sales, but only within Alaska.

Chilled Foods Remain Treated with Caution

Those rules don’t apply to potentially hazardous foods, which require time or temperature control to ensure their safety. Lewis says they usually have either a lower acidity and/or higher water activity. The state’s website lists as examples: “cheesecake, lemon meringue pie, cut melon, sausage, frozen chicken casserole, salad mix.” Potentially hazardous foods also include those with milk products and animal products.

Because of the higher risk, producers of these foods can only sell them directly to consumers, including online within Alaska. And, although it’s not required that home kitchens be inspected, the state does have the authority to inspect or investigate them if concerns about foodborne illnesses are raised.

Producers have a few ways to tell which category their foods fall into. To tell by pH test, Lewis says one easy option is to use a previously tested recipe that’s known to be safe. Extension offices have many of these. For those who want to get a bit more creative, a culinary-grade digital pH meter can obtain the number. Lewis says these usually cost between $100 and $200. She recommends looking at brands available in restaurant supply stores, as they tend to be more reliable.

Lewis says pH test strips might provide an idea of how acidic a food is, but not the actual number—and the range is what matters, in the event a customer gets sick and suspects the homemade food as having caused the illness.

Water activity tests also provide a way to determine whether allowed foods are potentially hazardous or not potentially hazardous. Lewis says using previously tested recipes provide the safest result. Otherwise, a cook would have to send their recipe to the state lab in Anchorage for testing. Per sample, water activity tests cost $10, pH tests cost $20.