§ 21-27-6.2. Cottage food manufacture.
Notwithstanding the other provisions of this chapter, the department of health shall
register cottage food manufacture and the sale of the products of cottage food manufacture
direct to consumers whether by pickup or delivery within the state, provided that
the requirements of this section are met.
(1) The cottage food products shall be produced in a kitchen that is on the premises of
a home and meets the standards for kitchens as provided for in minimum housing standards,
adopted pursuant to chapter 24.2 of title 45 and the Housing Maintenance and Occupancy Code, adopted pursuant to chapter 24.3 of title 45, and in addition the kitchen shall:
(i) Be equipped at minimum with either a two (2) compartment sink or a dishwasher that
reaches one hundred fifty degrees Fahrenheit (150° F) after the final rinse and drying
cycle and a one compartment sink;
(ii) Have sufficient area or facilities, such as portable dish tubs and drain boards, for
the proper handling of soiled utensils prior to washing and of cleaned utensils after
washing so as not to interfere with safe food handling; equipment, utensils, and tableware
shall be air dried;
(iii) Have drain boards and food preparation surfaces that shall be of a nonabsorbent, corrosion
resistant material such as stainless steel, formica, or other chip resistant, nonpitted
surface;
(iv) Have self-closing doors for bathrooms that open directly into the kitchen;
(v) If the home is on private water supply, the water supply must be tested once per year;
(vi) Notwithstanding this subsection, the cottage food products may also be produced in
a commercial kitchen licensed by the department and leased or rented by the cottage
food registrant provided that a record be maintained as to the dates the commercial
kitchen was used and that ingredients used in the production of cottage foods are
transported according to applicable food safety standards and regulations promulgated
by the department.
(2) The cottage food products are prepared and produced ready for sale under the following
conditions:
(i) Pets are kept out of food preparation and food storage areas at all times;
(ii) Cooking facilities shall not be used for domestic food purposes while cottage food
products are being prepared;
(iii) Garbage is placed and stored in impervious covered receptacles before it is removed
from the kitchen, which removal shall be at least once each day that the kitchen is
used for cottage food manufacture;
(iv) Any laundry facilities that may be in the kitchen shall not be used during cottage
food manufacture;
(v) Recipe(s) for each cottage food product with all the ingredients and quantities listed,
and processing times and procedures, are maintained in the kitchen for review and
inspection;
(vi) An affixed label that contains:
(A) Name, address, and telephone number;
(B) The ingredients of the cottage food product, in descending order of predominance by
weight or volume;
(C) Allergen information, as specified by federal and state labeling requirements, such
as milk, eggs, tree nuts, peanuts, wheat, and soybeans; and
(D) The following statement printed in at least ten-point type in a clear and conspicuous
manner that provides contrast to the background label: "Made by a Cottage Food Business
Registrant that is not Subject to Routine Government Food Safety Inspection,� unless
products have been prepared in a commercial kitchen licensed by the department.
(3) Cottage food manufacture shall be limited to the production of baked goods that do
not require refrigeration or time/temperature control for safety, including but not
limited to:
(i) Double crust pies;
(ii) Yeast breads;
(iii) Biscuits, brownies, cookies, muffins; and
(iv) Cakes that do not require refrigeration or temperature-controlled environment; and
(v) Other goods as defined by the department.
(4) Each cottage food manufacturer shall be registered with the department of health and
shall require a notarized affidavit of compliance, in any form that the department
may require, from the applicant that the requirements of this section have been met
and the operation of the kitchen shall be in conformity with the requirements of this
section. Prior to the initial registration, each cottage food manufacturer is required
to successfully complete a Food Safety Manager Course, any American Standards Institute
approved food handler course, or any other course approved by the department. A certificate
of registration shall be issued by the department upon the payment of a fee as set
forth in § 23-1-54 and the submission of an affidavit of compliance. The certificate of registration
shall be valid for one year after the date of issuance; provided, however, that the
certificate may be revoked by the director at any time for noncompliance with the
requirements of the section. The certificate of registration, with a copy of the affidavit
of compliance, shall be kept in the kitchen where the cottage food manufacture takes
place. The director of health shall have the authority to develop and issue a standard
form for the affidavit of compliance to be used by persons applying for a certificate
of registration; the form shall impose no requirements or certifications beyond those
set forth in this section and § 21-27-6.1. No certificates of registration shall be issued by the department prior to November
1, 2022.
(5) No such operation shall engage in consignment or wholesale sales. The following additional
locational sales by any such cottage food operation shall be prohibited: (i) Grocery
stores; (ii) Restaurants; (iii) Long-term-care facilities; (iv) Group homes; (v) Daycare
facilities; and (vi) Schools. Advertising and sales by internet, mail, and phone are
permissible, provided the cottage food licensee or their designee shall deliver, in
person, to the customer within the state.
(6) Total annual gross sales for a cottage food operation shall not exceed fifty thousand
dollars ($50,000) per calendar year. If annual gross sales exceed the maximum annual
gross sales amount allowed, the cottage food registrant shall either obtain a food
processor license or cease operations. The director of health shall request documentation
to verify the annual gross sales figure of any cottage food operation.
(7) Sales on all cottage foods are subject to applicable sales tax pursuant to § 44-18-7.
(8) The director of health or designee may inspect a cottage food operation at any time
to ensure compliance with the provisions of this section. Nothing in this section
shall be construed to prohibit the director of health or designee of the director
from investigating the registered area of a cottage food operation in response to
a foodborne illness outbreak, consumer complaint, or other public health emergency.