NJ allows cottage food sales of shelf-stable goods from home kitchens under N.J.A.C. 8:24-11 with a 50,000 dollar annual cap. Newark zoning rules also apply.
New Jersey regulates cottage food operations through N.J.A.C. 8:24-11 and the enabling statute at N.J.S.A. 24:4C. A Cottage Food Operator Permit is required from the local health department before selling any home-prepared food. Only non-potentially-hazardous, shelf-stable foods are allowed, including breads, cakes, cookies, brownies, donuts, crackers, pretzels, granola, candies, and dried herbs. Foods requiring refrigeration such as cream-filled pastries, cheesecakes, or anything with meat or dairy fillings are prohibited. All products must be prepared in the private kitchen of the operator's residence and at no other location. Annual gross sales may not exceed 50,000 dollars. Every product must carry a label listing the product name, all ingredients in descending order of weight, allergen information, the operator name and permit number, the municipality where the food was prepared, and a statement that the kitchen has not been inspected by the Department of Health. Sales may occur directly to consumers at the home, farmers markets, community events, or online with local delivery, but wholesale distribution to stores or restaurants is not permitted. In Newark, cottage food production also qualifies as a home occupation, so the operator must comply with the 20-percent floor area limit and all other zoning standards under Title XLI. The Newark Department of Health and Community Wellness handles local cottage food permits.
Contact your local code enforcement office for specific penalty information.
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