Slide 1 Cottage Food: What Consumers Should Know Section 1: Welcome Welcome to the Cottage Food: What Consumers Should Know online course, which is a Texas A&M AgriLife Extension Service Training Program. This course will be presented in a voice-narrated format that allows you to follow along with a PowerPoint slide presentation. A high-speed Internet connection is required to complete this course. Content for this module is divided into multiple sections (see menu bar on the left for course outline), enabling you to complete and/or review content at your own pace. Printable handouts, if applicable, will be presented prior to the section in which they are referenced. In the next section, you will be directed to complete a brief, multiple-choice pre-learning assessment. Once you have completed the pre-learning assessment, you will be free to advance to the course content by checking the Next Section button at the bottom of the page. At the conclusion of this module, you will be directed to complete a post-learning assessment. If at any time you wish to take a break from the module, simply log out and return to the course when you are ready to continue. When you sign back in to the module, you will be taken directly to the section where you left off. To review a section you have already completed, click on the desired section on the left menu bar. Slide 2 Section 2: Learning Objectives Upon completion of this course and review of the accompanying handouts, you will be able to: Understand the Texas Cottage Food Law; Know what products a Texas cottage food production operation, which is also called a CFPO, can legally sell to you; Know where a Texas cottage food production operation can legally sell to you; Know the correct packaging and labeling requirements for a cottage food product; Understand sampling of cottage food products at farmers markets; Understand safe processing of canned items; Understand drying of fruits, vegetables, and herbs; Know about copyright laws; and Learn which questions to ask a cottage food business. 1
Slide 3 Section 3: Cottage Food Law The Texas cottage food production operations law first went into effect on September 1, 2011, and was amended September 1, 2013. The law allows an individual to produce and sell certain food items either from their home or at specific locations. The operations are not regulated by a local or state health department. Slide 4 A cottage food business is not required to have permit or license; therefore, there s no such endorsement as a certified CFPO/cottage food business. The business person may have taken an informational class on the Texas cottage food law, but it isn t approved or accredited with the state, nor is it required. A cottage food business home kitchen is not inspected by the health department. There is an exception, however. The health department may investigate a complaint regarding preparation of potentially hazardous food at a private residence. The health department has authority to act to prevent an immediate and serious threat to human life or health through emergency order, recall orders, and delegation of powers or duties. The owner of a CFPO is required to obtain food safety training and receive a food handlers card through a state-approved program. Slide 5 Foods that can be legally sold to you by a cottage food business are: Baked items that don t require refrigeration, such as breads, rolls, biscuits, sweet breads, muffins, pastries, cookies, and cakes; Candy; Coated and uncoated nuts; Unroasted nut butters; Fruit butters, but only certain ones; Canned jams and jellies; Fruit pies; Dehydrated fruits and vegetables, including dried beans; Popcorn and popcorn snacks; Cereal, including granola; Dry mixes; Vinegar; Pickles, which are cucumbers only; 2
Mustard; Roasted coffee or tea; and Dried herbs and herb mixes. None of these foods are potentially hazardous. Slide 6 Some definitions you need to know are: Slide 7 Baked good, which is a food item prepared by baking the item in the oven. This includes cookies, cakes, breads, Danishes, donuts, pies, and other items that are prepared by baking. Therefore, no-bake items are not allowed, as well as, fried items like fried donuts or pies. Pickles, which are made from cucumbers preserved in vinegar, brine, or a similar solution. Dehydrated food products cannot be sun dried by the CFPO to dehydrate. Candy is a broad term, but the Texas Administrative Code defines candy as: a confection made of natural or artificial sweeteners. This includes bars, gum, drops, taffy, and chocolate. Candy also includes items such as nuts, chips, hard pretzels, popcorn, raisins, and other fruits that are coated with chocolate, yogurt, caramel, or similar sweet flavorings. Remember that whole or uncut fresh fruit cannot be used. So, why a CFPO is charging you tax on candy, including some popcorn products? It s because by law, a CFPO is required to charge you sales tax on candy. Slide 8 Potentially hazardous foods or time-temperature control for safety foods, which is also referred to as PHF/TCS, aren t allowed to be sold by a cottage food business because they support the growth of bacteria/pathogens or the production of toxins by bacteria. Three common characteristics of these types of foods are: They contain protein and/or a high amount of water or water activity, which is moisture content that is greater than 0.85 and supports bacterial growth. They have a ph that is neutral to slightly acidic, which is between a ph of 4.6-7.5. Slide 9 They are held at a certain temperature to prevent the growth of bacteria that cause foodborne illness. On a previous slide, we mentioned that only certain fruit butters are allowed because some can potentially support the growth of pathogens. The producer has to ensure that the end product is not PHF/TCS by having it tested for ph and water activity. 3
High-acid fruit butters with a ph below 4.6 are allowed. These include the following high-acid foods: apple, apricot, grape, peach, plum, prune, and quince. If purchasing other kinds of fruit butters, especially those made with low-acid fruits, ask if they have been tested and where the testing was conducted. Slide 10 A cottage food business can t sell you PHF/TCS foods such as: Fresh or dried meat, including jerky; Canned fruits, vegetables, vegetable butters, or salsas; Kolaches with meat; Fish or shellfish; Canned pickled products, such as corn relish and sauerkraut, including chow chow; Raw seed sprouts; Ice or ice products; Dried pasta; Sauerkraut, relishes, salsas, sorghum, or honey; Homemade marshmallows; Chocolate-covered graham crackers or Rice Krispy cereal treats, which therefore can t be used as forms in cakes that are sold to you; and Baked goods that need refrigeration, such as cream, custard, or meringue pies and cakes or pastries with homemade cream cheese icings or fillings. Commercially processed cream cheese and butter cream icings are allowed as long as they are deemed not potentially hazardous by the manufacturer. Honey and sorghum are regulated commodities and aren t allowed to be sold by a CFPO. Slide 11 More foods a cottage food business can t sell to you are: Milk and dairy products, including hard, soft, and cottage cheeses and yogurt; Fresh fruits and vegetables that are cut or whole, including fresh fruits dipped or coated in chocolate or similar confections and juices made from fresh fruits and vegetables; Barbeque sauces and ketchups; Focaccia-style breads with vegetables or cheeses; and Lemonade, juices, hot chocolate, or similar beverages in liquid form. 4
Slide 12 A cottage food business can t sell you PHF/TCS foods such as: Slide 13 Tamales; Casseroles; Pizza dough and sauce; Spaghetti sauce; BBQ plates; Smoked products; Syrup; Pickled products, including pigs feet, okra, green beans, beats, turnips, eggs, onions, carrots, peppers, radishes, artichokes, asparagus, cauliflower, fig, etc.; Meats that are canned or in a jar; and Animal treats. You can purchase cottage food products from a CFPO: Slide 14 At their home; Delivered directly to you; At a farmers market, which doesn t require a permit to sell cottage foods that are prepackaged non-potentially hazardous food/time-temperature control for safety foods; At a farm stand; and At municipal, county, or nonprofit fairs, festivals, or events. You should not be able to purchase cottage food products in these locations or formats: A convenience store, food establishment, grocery store, etc.; At a privately organized event or location; At craft fairs or flea markets, unless sponsored by a nonprofit organization; Over the Internet; for example, not even deposits may be paid through PayPal or a link emailed to you; the product is not allowed to be shipped to you, Wholesale purchases; or Over the state line; if it was produced in a Texas home, you must purchase it in Texas. A CFPO may advertise using the Internet. 5
Slide 15 A cottage food production operation can use ingredients bought at the store to use in their products. Yard eggs and other home-grown produce may be used as an ingredient in foods produced by a CFPO if the agricultural produce is produced by the operation. Pure honey, which is sometimes referred to as raw, can be used as an ingredient and topper/drizzle as long as it is from an approved source, which means the source has a manufacturer s license. Raw milk cannot be used as an ingredient! Slide 16 Section 4: Packaging and Labeling Cottage food products must be packaged in a way that prevents contamination. The one exemption is for large, bulky items, such as wedding cakes. They don t have to be packaged but still need to be handled safely to prevent contamination. Food-grade containers or boxes, bags, or plastic wrap are just some of the many options available for packaging. Slide 17 Cottage food products must be labeled properly. The label must be legible, handwritten or typed, and include: Name and physical address of the operation; Common or usual name of the product; Any major food allergens present in the food, such as eggs, tree nuts - which include almonds, walnuts, and pecans - soy, peanuts, milk or wheat; and The following statement: This food is made a home kitchen and is not inspected by the Department of State Health Services or a local health department. The Food Allergen Labeling and Consumer Protection Act of 2004 states that there are 8 major food allergens, though more than 160 foods can cause allergic reactions. The six listed above eggs, tree nuts, soy, peanuts, milk, and wheat as well as fish and crustacean shellfish are the 8 major allergens. Slide 18 Food labels are required to be attached to the package. If a food item is too large or bulky to be packaged, for example a wedding cake, then the label can be added to the sales receipt you should receive. Slide 19 The following is an example of a correct food label under the cottage food law. The label includes: The name and address of the cottage food production operation The Muffin Man Bakery, 4645 Drury Lane, Anywhere, Texas 78787; 6
Slide 20 The common or usual name of the product chocolate chip cookies; Food allergens in the product eggs and wheat; and The required statement This food is made in a home kitchen and is not inspected by the Department of State Health Services or a local health department. Now, let s check your knowledge! Which label on this slide is correct? Label A Aunt Sissy s Banana Nut Bread; produced by Sissy Smith Foods, 1234 Cottage Lane, Lone Star, Texas 76543; contains wheat, eggs, and nuts; and the statement - This food is made in a home kitchen and is not inspected by the Department of State Health Services or a local health department. OR Label B Aunt Sissy s Banana Nut Bread; produced by Sissy Smith Foods, Lone Star, Texas 76543; 123-456-7890; contains all natural ingredients; and the statement - Bread so fresh, people will think it is homemade! If you chose label A, you re correct! Label B is missing the required statement as well as the list of potential allergens, and a complete address. Slide 21 Section 5: Sampling at Farmers Markets A cottage food operation can only provide samples at farmers markets. Sampling cannot be done at any other locations. To provide samples, the CFPO must: Slide 22 Prepare and distribute samples in a sanitary manner; Observe proper handwashing techniques before preparing samples; Wear clean, disposable plastic gloves while preparing and serving samples; Have potable water available for use, which means water suitable for drinking; Avoid bare-hand contact with the samples; and Make sure utensils and cutting surfaces are smooth, non-absorbent, and easily cleaned or disposed of. It s up to each local jurisdiction to determine how they want to handle allowing a cottage food business to provide samples at a farmers market. For example, the City of Ft Worth requires a cottage food business to obtain a permit, or they must individually wrap the samples, keep them in a container with a lid, and put the label on the lid. Depending on the local jurisdiction, a cottage food business plus sampling at a farmers market could equal a permit. 7
Slide 23 Cottage food vendors could sample their dry mixes in a different form at a farmers market, BUT a license/permit is required, and they would have to follow the rules accompanying the permit/license, such as keeping the samples at correct temperatures. For example, if the vendor has a dry dip mix, they can add sour cream to the dry mix and give as samples, if they have the required permit. If they have a lemonade/tea/coffee dry mix, they can add water/liquid to the mix and give as samples, if they have the required permit. Slide 24 Section 6: Canning and Drying If purchasing jams, jellies, pickles, and fruit butters, ask the CFPO if they re using tested recipes to assure food safety. Many people have recipes that have been passed down through their family members, but these recipes may not include the correct processing instructions necessary to make these foods shelf stable. It s recommended that the CFPO use recipes that have been tested. For long-term storage, jams, jellies, fruit butters, and pickles should be processed in a water bath canner for the recommended amount of time. Open kettle, steam, and oven canning methods are not recommended. These methods could result in a product that spoils or is unsafe. Jams, jellies, fruit butters, and pickles that are not processed in a water bath canner should be refrigerated and, therefore, shouldn t be sold by a cottage food business. Slide 25 Sources of tested jam, jelly, and pickle recipes may be found at: Slide 26 National Center for Home Food Preservation website or the book, So Easy to Preserve, 6 th Edition (2014) (University of Georgia Cooperative Extension), The United States Department of Agriculture, and Manufacturers of food preservation supplies. Let s now move on to drying fruits and vegetables. A dehydrator is the easiest way to dry fruits and vegetables. Sun drying is not allowed for drying cottage food products. Fruits can be pre-treated with an ascorbic acid or Vitamin C, fruit juices, syrup blanching, or honey dipped. Ask if they have been treated, especially if you are allergic to any of the pretreatments. Also, for long-term storage of dried fruit, sulfuring or the use of a sulfite dip is recommended. If you re allergic or sensitive to sulfites, ask if they have been treated. Vegetables dried the same day they were picked or purchased are best. If they are stored in the refrigerator before drying, the quality of the vegetable, as well as nutrients, will be lost. 8
Quality wise, dried fruit will keep up to a year if it s stored properly. Store it in a cool, dark place in an airtight container, such as glass canning jars, freezer bags, airtight plastic containers, or vacuum sealed. If storage temperatures are high, storage time will be reduced. For example fruit is good for up to a year in 60 F temperatures but if stored in 80 F, it s only good for 6 months. Quality wise, dried vegetables will keep up to 6 months if stored properly but less if it s stored at high temperatures. Slide 27 Herbs may be dried with a dehydrator, air drying, oven, or microwave oven. A dehydrator often gives the best results because the drying temperature can be controlled, and air circulation helps the herbs dry evenly. Herbs may be dried closely together. Ask what other herbs they have dried, especially if they are near those you purchase, in case you are allergic. Dried herbs will keep up to a year if stored properly for quality. Store them in a cool, dry, dark place in an airtight container, such as glass canning jars, freezer bags, or airtight plastic containers. Slide 28 Each year, it s estimated that nearly 1 in 6 people will experience a foodborne illness. The most common causes of foodborne illness are: Poor personal hygiene; Cross contamination, which is the spreading germs from one surface to another; Not cooking food properly; and Not storing foods properly. You may be going to someone s home or another location to buy foods from a CFPO. Are they handling and preparing the foods safely? Ask them if they have taken the required food safety training, and ask to see their card. Slide 29 Section 7: Copyright Laws Even when producing products at home, a business must follow the law. Ask a CFPO if they have received permission to use copyrighted characters, collegiate logos, etc. Copyright laws apply if buying something with a character, collegiate logo, etc. These characters and logos are usually done on cakes, cookies, etc. Both the business and the customers can get into trouble if copyright laws aren t followed. Licensed figurines are allowed. A component of copyright laws, called the First Sale Doctrine, allows you to purchase a licensed copy of a copyrighted work. For example, it s okay to put a Mickey Mouse figurine on a cake and resell it without obtaining permission. It isn t considered infringement because the copyright owner has already been paid by the licensee. 9
Slide 30 Section 8: Questions to Ask Ask a CFPO these questions before purchasing their products: Slide 31 Did you take a food handlers course that is approved by the state? The answer should be yes. If they claim to be a certified CFPO, ask: What does that mean? You should ask this because there is not a course accredited or approved with the state to be certified, nor is it required. Do any products require refrigeration? If the reply is yes, don t purchase the items. Where did you get most of your ingredients, and do you use raw milk? If they answer that they use store-bought ingredients, yard eggs, and produce such as fruits and vegetables that they have grown and harvested on their property, it s okay. However, raw milk isn t allowed. Are you using tested recipes for your canned products? The answer should be yes, because using tested recipes is a good way to assure food safety. If they answer no, you may not want to purchase their products. If they are selling jams, jellies, or pickles, ask: How do you process your product? AND When did you can the product? Hopefully, their answer is water bath canning, which is recommended for long-term storage. If the product was processed differently, such as open kettle, steam, or oven, these items should be refrigerated and shouldn t be purchased. Items that were canned within one year are best for quality, but they are good for longer than that. If they are selling jams, jellies, pickles, or fruit butters, especially low-acid fruit butters, ask: Has your product been tested? If the answer is yes then ask Where did you get them tested? They should say yes or be using tested recipes. If you ask where their products were tested, they should respond with one of the following places: Analytical Food Labs Inc. in Grand Prairie, Texas; Food Safety Net Services Ltd. in San Antonio or Grand Prairie; or I.E.H Quanta Labs in Selma, Texas. If they re selling fruit butters that you are unsure about, ask: Has your product been tested for ph? If they say yes, ask What was the ph? Fruit butters should be acidic; that is, their ph should be below 4.6. Otherwise, fruit butters need to be refrigerated. If they are selling dried fruits, ask: Were these items pre-treated? If so, with what? Dried fruits are sometimes treated with ascorbic acid or Vitamin C, fruit juices, syrup, honey, or sulfuring agents or sulfites. You may want to know what they re treated with for allergy reasons. 10
Slide 32 Slide 33 How do you dry your herbs/fruits/vegetables? Herbs dried in a dehydrator usually yield the best results. Also, if you are allergic to certain foods, you may want to know if what you are buying came into contact with an herb/fruit/vegetable to which you are allergic. Additionally, sun drying fruits/vegetables isn t allowed. When were the fruits/herbs dried? For best quality, herbs are good for six months. Fruits are good for one year. What forms do you use for your cakes? Rice cereal treats and products containing it, such as Rice Krispies treats, are not allowed to be used. If they are selling cakes or other large items, ensure that they give you a receipt with the correct label information on it. If they don t, ask for the receipt with the label information on it. Even with cakes or large items, you may want to know if there are any allergens in the cake or item. They are required to give you that information. If they are selling cakes, cookies, etc. with characters, collegiate logos, etc. on them, ask: Do you have permission to use this character/collegiate logo/etc.? The answer should be yes. Both you AND the seller can get into legal trouble otherwise. Because of a peanut allergy, ask: Are you using a peanut-free kitchen? This could be a concern for you or someone you give the product to, so you may want to take precautions and not purchase their product. Section 9: Conclusion As we conclude this online course, remember the things we discussed today. Cottage Food Law allows individuals to prepare and sell specific foods from their home and sell at other specific locations. CFPOs aren t inspected and don t have permits, but are required to have food safety training. Make sure products you buy are packaged and labeled safely and correctly. When sampling at farmers markets, the CFPO should follow sanitary methods and have the required permits, if needed. CFPOs should use tested recipes for canning and use water bath canning on their canned products for safety. Sun drying isn t allowed. Dried fruits, vegetables, and herbs don t keep indefinitely. Make sure you re purchasing products that CFPOs have received permission to copy or use, such as Disney and Pixar products. Finally, don t be afraid to ask questions! Educational programs of the Texas A&M AgriLife Extension Service are open to all people without regard to race, color, sex, religion, national origin, age, disability, genetic information, or veteran status. The Texas A&M University System, U.S. Department of Agriculture, and the County Commissioners Courts of Texas Cooperating 11