Cottage Food Laws in Vermont

Essential Guide for Home-based Producers

This article is part of our Guide on Cottage Food Laws State By State

Cottage Food Laws have gained significant importance in recent years, as more people seek to generate additional income from their home kitchens. Vermont, well-known for its thriving agricultural and artisan food scene, has its own set of cottage food laws that provide residents with a clear framework for operating a home-based food business legally and safely.

In Vermont, these regulations offer necessary guidelines for food entrepreneurs wanting to turn their culinary skills into a successful business venture. Under the Vermont Cottage Food Laws, home producers can sell specific non-potentially hazardous foods, such as baked goods, jam, jelly, and pickled products. Additionally, these laws outline requirements for food safety training, labeling, and production practices to ensure the health of consumers.

Understanding and complying with the Cottage Food Laws in Vermont is critical for any aspiring food entrepreneur looking to create a viable small business. As the demand for locally-produced, artisan foods continues to grow, these regulations establish a firm foundation for both established and budding home-based food enterprises.

Cottage Food Laws in Vermont Overview

Purpose

Vermont's Cottage Food Laws allow small-scale food producers to create and sell certain non-hazardous food products from their homes. The primary aim is to support small businesses and home-based entrepreneurs by reducing the regulatory burden and providing a steppingstone for starting food-based businesses.

Eligible Foods

The following is a list of eligible foods that can be produced under Vermont's Cottage Food Laws:

Please note that products containing dairy or meat, as well as those needing temperature control for safety, are not eligible to be sold under the Cottage Food Laws.

It is important for cottage food producers to comply with state labeling requirements and local zoning regulations. Moreover, they should adhere to food safety guidelines to ensure that the products they sell are safe for consumption.

Licensing and Registration

Home Processor License

A Home Processor License is required for individuals producing non-potentially hazardous foods in their residence for direct sale to consumers. To obtain this license, applicants must complete a Food Safety for Cottage Food Operations course offered by a recognized institution, such as the University of Vermont Extension. After successful completion of the course, applicants must submit an application with the Vermont Department of Health, along with a $90 fee. The license is valid for up to three years and must be renewed thereafter.

Home Manufacturer License

For those producing and selling potentially hazardous foods, a Home Manufacturer License is necessary. This license permits the production of foods with a higher risk of bacterial growth, such as canned goods and dairy products. Similar to the Home Processor License, applicants must first complete a food safety course. In addition, a home inspection by the Vermont Department of Health is required to ensure proper food handling, equipment, and facilities. The application fee for this license is $200, and the license is valid for one year.

Farmstand Registration

A Farmstand Registration is needed for individuals who wish to sell homemade foods at farmstands or farmers' markets. This registration type is limited to non-potentially hazardous foods. To register, applicants must submit a Farmstand Registration Form to the Vermont Agency of Agriculture, Food and Markets, along with a $65 fee. This registration is valid for one year, and renewal is required annually.

Keep in mind these key points:

  • Home Processor License: non-potentially hazardous foods, $90 fee, valid for three years

  • Home Manufacturer License: potentially hazardous foods, $200 fee, valid for one year

  • Farmstand Registration: non-potentially hazardous foods, $65 fee, valid for one year

Additional resources and details can be found on Vermont government websites, such as the Vermont Department of Health and the Vermont Agency of Agriculture, Food and Markets. It is important to ensure compliance with all necessary regulations and requirements to maintain a successful and safe cottage food business in Vermont.

Labeling Requirements

Product Identification

Cottage food products in Vermont must be clearly labeled with the product's name. This should be easily visible and in a prominent location on the packaging. It is essential to provide an accurate representation of the content to inform the consumers.

Ingredient List

Another key requirement is to include a complete list of ingredients. The list should be in descending order of predominance by weight. If an ingredient itself contains two or more components, such as a chocolate bar with added sugar and cocoa, the sub-ingredients must also be listed.

Allergen Information

Cottage food producers need to provide allergen information on their labels. Major food allergens, as identified by the FDA, must be clearly mentioned. These include:

The allergens can be listed either within the ingredient list or separately, as a clear disclaimer.

Produced at a Non-Inspected Kitchen Statement

In Vermont, it is necessary to include a statement on the label indicating that the product was produced in a home kitchen that has not been inspected by the state or local health department. This statement can be formatted as:

This product was produced in a home kitchen not subject to public health inspection that may also process common food allergens.

Following these guidelines will help cottage food producers in Vermont comply with the state's regulations and ensure that consumers are well-informed about the products they purchase.

Sales and Distribution

Allowed Sales Channels

In Vermont, cottage food producers are permitted to sell their products through a variety of channels. This includes:

  • Farmers markets: Cottage food producers can sell their products directly to customers at local farmers' markets.

  • Roadside stands: Producers can set up a small stand to sell their goods alongside the road.

  • Community events: Cottage food products can be sold at events organized within the community.

  • Direct sales: Producers can sell their products directly to consumers through their own websites or storefronts.

Prohibited Sales Channels

Certain sales channels are not allowed for cottage food producers in Vermont. These include:

  • Wholesale: Cottage food products cannot be sold to retailers, restaurants, or other food establishments for resale.

  • Interstate sales: Shipping products across state lines is prohibited.

  • Online marketplaces: Selling cottage food products on third-party platforms like Amazon or Etsy is not allowed.

Sales Limitations

Vermont does enforce some limitations on cottage food sales, such as:

  • Income cap: Cottage food producers must not exceed a certain annual income cap from the sale of their products.

  • Labelling requirements: All products must be labeled with the ingredients, producer's name and address, and a disclaimer that the food was produced in a home kitchen.

  • Inspections: Cottage food producers may be subject to inspections to ensure compliance with state regulations.

Safety and Sanitation

Kitchen and Equipment Guidelines

In Vermont, cottage food producers must follow specific kitchen and equipment guidelines for safety and sanitation purposes. The kitchen should be well-maintained, clean, and pest-free. All equipment, such as cutting boards, utensils, and appliances, should be in good condition and sanitized regularly.

Proper storage is essential for maintaining food safety. A separate, dedicated space should be used for cottage food production to prevent cross-contamination. Temperature-controlled storage, such as refrigerators and freezers, should be used for perishable items and regularly monitored to ensure proper temperatures.

Food Handling Practices

Cottage food producers in Vermont must adhere to proper food handling practices. They should:

  • Wash their hands before and during food preparation, especially after handling raw ingredients.

  • Wear clean and appropriate clothing, including an apron and possibly a hair covering, during food preparation.

  • Avoid preparing food when feeling sick or experiencing symptoms of a contagious illness.

  • Use separate cutting boards, knives, and other utensils for raw and ready-to-eat products to prevent cross-contamination.

Food Contamination Prevention

Preventing food contamination is a top priority for cottage food producers in Vermont. To achieve this, they should:

  • Properly store raw ingredients away from ready-to-eat food items.

  • Regularly sanitize surfaces, utensils, and equipment used for food preparation.

  • Use only high-quality ingredients that have not expired or spoiled.

  • Properly seal and package finished products to prevent contamination during transportation and storage.

Inspections and Compliance

Routine Inspections

In Vermont, cottage food producers are subject to routine inspections to ensure compliance with the state's cottage food laws. Inspections may be conducted by the Vermont Department of Health or the Department of Agriculture, Food, and Markets. These inspections typically focus on the producer's adherence to food safety practices, labeling requirements, and facility cleanliness. Some of the factors that inspectors evaluate during routine visits include:

  • Food production and storage areas are clean and free from contamination

  • Proper sanitation and hygiene practices are followed

  • Allergen information is clearly displayed on product labels

  • Proper temperature control is maintained for perishable items

Complaint-Driven Inspections

Apart from routine inspections, complaint-driven inspections may also occur in response to consumer complaints or concerns regarding a cottage food producer's products or facilities. In such cases, the inspecting agency will investigate the issue and may perform additional inspections to determine the validity of the complaint. The producer may be required to make immediate corrections or risk facing penalties for non-compliance.

Penalties for Non-Compliance

Cottage food producers who fail to comply with Vermont's cottage food laws may face penalties such as fines, suspension, or revocation of their registration or license. Penalties may be imposed based on the severity and frequency of the violations and may include:

  • Monetary fines ranging from $100 to $1,000 per violation

  • Suspension or revocation of the producer's registration or license

  • Mandatory recall of products found to be in violation of the law

Cottage food producers are encouraged to familiarize themselves with Vermont's cottage food laws and regulations, as well as any updates, to ensure their operations remain compliant and to minimize the risk of penalties.

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