Cottage Food Laws in Kansas
Essential Guide for Home-based Producers
This article is part of our Guide on Cottage Food Laws State By State
Cottage Food Laws in Kansas have opened up opportunities for budding entrepreneurs to start their own food businesses in their home kitchens. These laws enable the production and sale of non-potentially hazardous homemade food products, providing residents an easier and more cost-effective way to explore the food industry.
Taking advantage of these regulations, aspiring business owners in Kansas can now produce a range of food items such as baked goods, jams, jellies, and dry mixes in their own kitchens without investing in commercial licensing or facilities. However, it is crucial for these entrepreneurs to understand the specific provisions and limits within Kansas Cottage Food Laws, ensuring compliance and success within this growing industry.
Navigating these Cottage Food Laws may seem daunting, but with this comprehensive guide in hand, home-based food entrepreneurs in Kansas will be better prepared to successfully launch their businesses while maintaining the highest standards of safety and compliance.
Cottage Food Laws in Kansas Overview
Kansas has established Cottage Food Laws to guide and regulate the production and sale of homemade food products. These laws allow individuals to create, package, and sell non-potentially hazardous food items from their home kitchens.
Under the Kansas Food, Drug, and Cosmetic Act, cottage food producers are referred to as "Food Sales at Home" or "unlicensed food establishments." These individuals don't need a food establishment license, permits, or inspections, which significantly lowers their startup costs.
Eligible food products under Kansas Cottage Food Laws include:
Baked goods (e.g., cookies, bread, pastries)
Jams, jellies, and preserves
Candy and fudge
Dried fruit (how long does dried fruit last?), pasta, and spices
Kansas Cottage Food Laws have several requirements regarding labeling and sales. For instance, labels on homemade goods must include the following information:
Product name
Producer's name and address
Ingredients list (in descending order by weight)
Net weight of the product
Allergen statement (if applicable)
The statement: "This product is home-produced and processed, and the production area has not been inspected by the State of Kansas."
Cottage food producers are allowed to sell their products in various venues, such as farmers' markets, roadside stands, and even online sales. However, these products cannot be sold to restaurants, retail stores, or other commercial food establishments.
With a solid understanding of Cottage Food Laws in Kansas, producers can confidently and legally venture into the world of homemade goods. By adhering to the guidelines and requirements for food safety, labeling, and selling, producers can ensure they offer quality products to their customers in a financially viable way.
Permitted Food Products
Baked Goods
Kansas Cottage Food Laws permit the production and sale of various non-hazardous baked goods, such as bread, cookies, and pastries. These products should not require refrigeration to ensure safe consumption. It is essential to adhere to proper handling, packaging, and labeling procedures for all baked goods.
Jams and Jellies
In addition to baked goods, Kansas allows the production and sale of non-potentially hazardous jams and jellies. Fruit-based products are commonly permitted, while vegetable-based or reduced sugar varieties may not fall under the approved category. Always ensure that the ingredients and processing methods conform to the state guidelines.
Dry Mixes
Dry mixes, such as pre-packaged cake and cookie mixes (how long does cookie mix last?), spice blends, and soup mixes, are considered safe under Kansas Cottage Food Laws. These items do not pose a significant risk of foodborne illness since they lack perishable or potentially hazardous components. Be sure to store and package these products appropriately, keeping them separated from food allergens and contaminants.
Candies and Confections
Kansas Cottage Food Laws also permit the production and sale of non-hazardous candies and confections, such as fudge, chocolates, and hard candies. These products should not include high-risk ingredients, like cream or raw eggs, which could compromise their safety. As with other permitted categories, proper handling, packaging, and labeling are crucial to maintaining compliance with regulations.
Food Safety and Labeling Requirements
Under Kansas Cottage Food Laws, food producers are required to follow specific guidelines for food safety and labeling. The purpose of these requirements is to ensure consumers have the necessary information to make informed decisions about the products they purchase.
Ingredient List
Cottage food producers are required to list all ingredients used in their products. This list should be in descending order of predominance by weight. Ingredients must be listed using their common or usual names.
Allergy Warnings
Allergen information is crucial, as it helps protect consumers with food allergies. Producers should clearly indicate if their products contain any of the eight major allergens: milk, eggs, fish, shellfish, (What wine goes well with shellfish?) tree nuts (how long do nuts last?), peanuts, wheat, and soybeans.
Nutrition Information
Although nutrition information is not mandatory for cottage food products in Kansas, it is recommended to include it. Providing nutrition information like calories, fat, protein, carbohydrates, and other nutrient content can help consumers make healthier choices.
Business Information
Lastly, it is essential for cottage food producers to provide their business information on product labels. This should include the name and address of the business, as well as a statement that the product has been produced in a home kitchen not subject to state inspection.
Sales and Distribution
Direct Sales
In Kansas, cottage food producers can sell their products directly to consumers. This allows for a more personal interaction between the producer and the customer. Direct sales can occur at the producer's home, at community events, or even through online platforms. However, the producer must always ensure proper labeling and follow food safety guidelines.
Local delivery is another option for direct sales. Producers can hand-deliver their products to customers within a reasonably close distance. This provides an added convenience without the need for third-party distribution services.
Indirect Sales
Kansas cottage food laws prohibit indirect sales to retailers, wholesalers, or restaurants. Cottage food producers are limited to selling directly to the end consumer. This restriction helps maintain a degree of quality control and traceability, reducing the risk of foodborne illness incidents.
Farmers Markets and Fairs
Farmers markets and fairs are popular venues for cottage food producers to sell their products. These events typically attract customers looking for fresh, locally produced goods. In Kansas, cottage food producers must obtain a food establishment license to sell at these venues. Additionally, they must follow state and local health regulations, including proper labeling and food handling practices.
By participating in farmers markets and fairs, cottage food producers can not only increase their sales but also network with other local producers and create a sense of community around their products. While these events may have specific regulations and paperwork requirements, they can represent a valuable opportunity for cottage food producers to grow their businesses.
Production Limitations and Licensing
Production Caps
In Kansas, cottage food laws allow individuals to produce and sell specific types of food products from their home. However, there are limitations on the amount of sales permitted by these laws. Cottage food producers must adhere to annual sales caps of $18,000 for non-potentially hazardous food items. Sales exceeding this cap may require producers to obtain proper licensing and adhere to additional regulations.
Licensing
Cottage food producers in Kansas need to register with the Kansas Department of Agriculture. They must complete a Cottage Food Vendor Registration Form which includes specific information about their products and intended sales venues. In some cases, producers might also need to obtain a food safety certification to ensure they are adhering to proper food handling guidelines.
Inspections
Kansas's cottage food laws generally allow for minimal inspection of home-based food production facilities. However, if a complaint is filed or there's reason to believe a cottage food producer isn't in compliance with the law, the Kansas Department of Agriculture has the authority to conduct inspections. Non-compliant operators may face penalties or have their registration revoked. Compliance with all regulations is crucial for maintaining a successful cottage food operation in Kansas.
Changes and Updates to Laws
The Cottage Food Laws in Kansas have experienced several changes and updates over the years to accommodate the growth of the industry and better serve small food producers. The Kansas legislature continues to make adjustments that influence how cottage food producers are able to conduct their businesses.
During 2016, a significant update came in the form of the House Bill 2595, which expanded opportunities available to cottage food producers by allowing direct and indirect sales of their products. This means that not only can these businesses sell directly to consumers in farmers markets or at their homes, but they are also allowed to supply to local retailers, such as grocery stores and restaurants.
Furthermore, in an attempt to clarify the jurisdiction of the Kansas Department of Agriculture (KDA), the bill also exempted cottage food businesses from certain regulations and inspections. However, it is important to note that the KDA still retains the authority to enact rules and investigate complaints related to food safety concerns.
As the industry continues to grow and evolve, additional updates to the Cottage Food Laws in Kansas may occur. It is essential for cottage food producers to stay informed about these changes, so they can remain compliant and take full advantage of the opportunities created by the laws.
