This is sent for educational purposes in MCANJ’s ongoing effort to help you stay abreast
of governmental policy changes and to do your work to the best of your abilities. This is
not legal advice and does not substitute for your own research and evaluation of these
issues as they apply in your municipal setting. If you have any questions about this,
legal matters or any other concerns, please contact your municipal attorney or the New
Jersey Department of Community Affairs. Thank you for your support of and involvement in
MCANJ.
Kim-Marie White, President
MCANJ
“New rules creating a cottage food operator (home baker) permit became effective as of
October 4, 2021. New Jersey historically prohibited the sale of home baked goods but has
now joined other states in allowing cottage food operations. The Department has been
working on this issue for some time and carefully balanced allowing home bakers to operate
small businesses while instituting appropriate safeguards. While developing these new
regulations, the Department received input from many stakeholders, including local health
departments, home bakers, the retail food industry, and others.”
Basically, an applicant will submit an application to the New Jersey Department of Health,
Public Health and Food Protection Program. A copy of the application and instructions are
attached for informational purposes only. There is nothing that a municipality must do in
terms of receiving, reviewing, and/or approving these applications.
The regulations are found at N.J.A.C. 8:24–11.1 to 11.8. There are no municipal
requirements or approvals needed, except that the regulations state for an applicant, “An
applicant for a cottage food operator permit shall ascertain and comply with applicable
local laws of the municipality in which the applicant seeks to operate a cottage food
operation.”
So, if you should have any residents approach your office with an application or questions
about the application process the correct response to the residents is that the
municipality has no oversight or authority for the Cottage Food Permits and the residents
should be directed to the contact the Department of Health.
https://www.nj.gov/health/ceohs/phfpp/retailfood/cottagefood.shtml<https…
MCANJ Website Manager
WebsiteManager(a)MCANJ.US