Environmental Health

Cottage Food Operators - Home Bakers

New rules creating a cottage food operator (home baker) permit became effective as of October 4, 2021.

Apply for a Cottage Food Operator's Permit to make non-TCS food in your home for sale directly to the consumer.

Cottage Food Operator Permit Rule Download Active Permit List

Apply/Renew a Cottage Food Operator Permit
  • Complete all outlined steps before applying.
  • Renewals require a full and complete application form, $100 fee, and all supporting documents.
  • All applications must include all required information and documentation for professional review.

 

Before Applying

1. Contact Your Local Zoning Board

If your local zoning board does not allow Cottage Food businesses in your area, you are not eligible for a Cottage Food Operator's permit. Call or email your local zoning board, tell them where you live, and ask if you are allowed to operate a cottage food business in your home. Visit your local town's website to find the zoning board's contact information.

Find your town's website

2. Confirm Your Business Idea Qualifies
Apply for Cottage Food if you want to:
Make approved baked goods in your home kitchen
Meet directly with your customer to deliver approved baked goods
Make and sell approved baked goods/Non-TCS products at events and farmers markets (combined with local health approvals)
 
Do NOT apply for Cottage Food if you want to:
Open a retail store or bakery. To do this, contact your local health department.
Work as a home chef or offer catering services. To do this, contact your local health department.
Operate a food cart or food truck. To do this, contact your local health department.
Send products through the mail. To do this, you need a commercial kitchen. Contact your local health department.
Sell your product in grocery stores. To do this, you need a commercial kitchen. Contact the wholesale food project.
 
3. Confirm Your Products Qualify

Cottage food products are non-TCS foods that a cottage food operator prepares and includes:

  1. Baked goods, including bread, rolls, biscuits, cakes, cupcakes, pastries, and cookies;
  2. Candy, including brittle and toffee;
  3. Chocolate-covered nuts and dried fruit;
  4. Dried fruit;
  5. Dried herbs and seasonings, and mixtures thereof;
  6. Dried pasta
    NOTE: dried pasta recipe may not contain eggs;
  7. Dry baking mix;
  8. Fruit jams, fruit jellies, and fruit preserves;
  9. Fruit pies, fruit empanadas, and fruit tamales (excluding pumpkin);
  10. Fudge;
  11. Granola, cereal, and trail mix;
  12. Processed honey and sweet sorghum syrup
    NOTE: Raw, unprocessed honey is not a cottage food and is not subject to permit requirements;
  13. Nuts and nut mixtures;
  14. Nut butters;
  15. Popcorn and caramel corn;
  16. Roasted coffee and dried tea;
  17. Vinegar and mustard;
  18. Waffle cones and pizzelles; and
  19. Upon written application to the Public Health and Food Protection Program, other non-TCS food.

Time/Temperature Control for Safety (TCS) foods are not allowed

TCS food means a food that requires time and/or temperature control for safety to limit pathogenic microorganism growth or toxin formation.

TCS foods are at risk for bacterial growth.

Only non-TCS foods are eligible for the Cottage Food Operator's Permit.

 

Potential for growth of harmful bacteria

Products that exceed a certain level of moisture and have a low acidity (pH) level provide a breeding ground for harmful bacteria that cause diseases and foodborne illnesses. Acidity levels are affected by the sugar content of the product. Certain types of products (such as bananas and mushrooms) maintain a dangerous level of moisture and/or acidity even after it's dried. Honey and vinegar have naturally safe levels of moisture and acidity, but any particles or floating ingredients can significantly change those levels to be dangerous.

 

Risk of Salmonella

Dairy and egg products that have not been baked to a high temperature may carry Salmonella.

 

Freeze-drying or dehydrating machines are not allowed

The process of freeze-drying or dehydrating fruits using a machine cannot reliably lower the moisture content to a safe level.

 

Alternative Option: Purchase a shelf-life analysis from a NJ Food Testing Laboratory

If you believe your product is non-TCS but the product does not appear on the approved products list, you may submit your product to a laboratory for official analysis. The laboratory will perform a scientific analysis of your product sample to evaluate whether it is non-TCS as required.

Laboratory analysis is not free. You must purchase a private analysis report from an approved Food Testing Laboratory.

A list of Food Testing Laboratories is maintained by the Rutgers Food Innovation Center.

See the list of NJ Food Testing Laboratories

 

4. Take a Food Manager's Certification Course

Your Food Manager's Certification must be valid and in good standing at the time of application or renewal.

Find the course that's right for you

5. Get Proof of Water Potability

Scenario 1: My tap water comes from the city

Submit proof that your home water is supplied by the city, which is shown on a monthly water bill. Sensitive, personal, or monetary information may be blacked out. The address on the bill must match the address of your home kitchen.

If you are a homeowner

Submit a copy of your water bill that shows the address of your home.

If you are a tenant

Request a copy of your building's water bill from your landlord or residential complex manager.

If you cannot get a copy of the water bill, ask your landlord or manager for a letter addressed to NJ Department of Health, Cottage Food Project. This letter must include the following:

  • The full residential address
  • The name of the water company that services the residential address

 

Scenario 2: My tap water comes from a well on my property

To prove that your well water is safe to drink, you must have the water tested by a Certified Drinking Water Laboratory (CDWL).

  1. Go to the DEP DataMiner page.

  2. Under Certified Laboratories, click Certified Drinking Water Labs.

  3. Contact a CDWL in your area and request a microbiological (total coliform) analysis.

  4. A representative of the laboratory must come to your home and collect a sample for analysis.
    • Samples that you collect yourself are not allowed and will not be accepted as part of your Cottage Food Operator application.
    • If the CDWL does not offer collection services, choose a different CDWL.

  5. After analysis, the CDWL will send you the analysis results report that verifies the safety of your well water.

  6. Within 60 days of the report date, submit the report with your Cottage Food Operator application. Analysis reports more than 60 days old at the time of application receipt are not valid.

 

A list of CDWL in New Jersey is maintained by the New Jersey Department of Environmental Protection (NJDEP). Search the NJDEP database for Certified Drinking Water Labs.

Search for a CDWL in My Area

 

Submit Your Application

If you have completed the steps above, you are ready to submit your cottage food permit application.

Here are the steps for submitting your application:

1. Pay the Non-Refundable Application Fee

Your application fee of $100 pays for the processing and professional review of your submission by the New Jersey State Retail Food Specialist. This fee is not refundable.

Click the button below to open the online payment page. After you are finished payment, you will receive a payment confirmation number. Enter the payment confirmation number in the appropriate field on the application form.

Click here to pay with an e-check or credit card

2. Fill Out the Application Form
Download the Cottage Food Application Download the Application Instructions

 

Important:

  • Applications must be typed. Handwritten applications are not accepted.
  • Images and photographs of applications are not accepted.
  • Applications in format HEIC cannot be opened in this office and are not accepted.
  • Applications saved on cloud storage cannot be opened in this office and are not accepted.
  • Fill out all sections of the application. Do not leave blank sections.
  • After you have saved your finished application file, open it again and check that all your answers saved properly before you submit. This office is not responsible for application saving errors.
  • Each statement must have a selected answer or the application will be denied.
  • Any unanswered statement or NO selection may be grounds for denial of application.
  • Willfully false answers may subject you to civil administrative penalties, denial of application and/or revocation of your permit.
  • Complete Section IV, Attestations, in its entirety.

 

3. For Each Product, Each Filling, and Each Icing, Complete the Product Questionnaire

For each different product that you intend to sell under the Cottage Food Operator's Permit, as well as each filling and icing you intend to use, submit detailed answers to the following questions. A Food Safety Specialist will evaluate your answers to ensure that your product is non-TCS as required. Incomplete or vague answers that prevent a thorough safety review will result in a denial of your product.

You may include these answers in the body of your email or in a separate document attachment with your submission. Please answer all questions for each product you will prepare. You may list multiple flavors on the same questionnaire if the base recipe is the same.

 

  1. Name of Product, Filling, or Icing

  2. Is this product information a trade secret? Trade secrets are not subject to the Open Public Records Act, therefore they are not accessible to the public.

  3. List all ingredients that are or may be used in this recipe. Include the quantity of each, preferably by weight in ALL ounces or ALL grams.

  4. Describe the step-by-step recipe instructions/process for making this product.

  5. Where do your ingredients come from? Indicate the source of raw ingredients.

  6. Submit a copy of the product label as it will appear on the finished product.

 

4. Submit via Email

Compile the following attachments:

  • Completed CFO-1 application form
  • For each finished product and each frosting, complete answers to the Product Questionnaire
  • For each finished product, a copy of the finished product label
  • Food Manager's Certification
  • Proof of Water Potability

Submit all attachments via email to: cfo@doh.nj.gov

You will receive an email confirmation as proof your application is received and in process.


Frequently Asked Questions

Check our answers to most frequently asked questions about the Cottage Food Operator's Permit.

See the FAQ

 

Last Reviewed: 5/16/2024