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