NJ legalized cottage food in 2021 (N.J.A.C. 8:24-11). Ocean County home bakers can sell up to $50,000/year of non-TCS foods with a permit. Direct-to-consumer sales only. Farm markets at Ocean County Parks permitted.
New Jersey was the last state to adopt a cottage food law and did so through Department of Health rulemaking in October 2021 (N.J.A.C. 8:24-11). Ocean County home-based cottage food operators need a Home Baker Permit from NJ DOH — not from the county or municipality. Permitted products are non-time/temperature-controlled (non-TCS): baked goods like cookies, brownies, cakes (non-potentially-hazardous frostings only — no buttercream, cream cheese frosting, or fresh fruit fillings), candies, jams, jellies, granola, and dried herbs. Annual gross sales cap: $50,000. Products must be labeled with ingredients, allergens (Big 9), producer name/address, and the statement 'Made in a home kitchen not subject to inspection by the Department of Health.' Sales allowed direct-to-consumer: farmer's markets (popular venues include Barnegat Farmer's Market, Seaside Park Farmer's Market, Jackson Farmer's Market), private events, online with direct delivery or pickup — but NOT to restaurants, grocery stores, or wholesale. Local zoning still governs home-business activity (customer traffic, signage, employees).
Selling TCS/prohibited foods: cease-and-desist from NJ DOH, permit revocation. Exceeding $50,000 cap: must upgrade to commercial kitchen with full health inspection. Labeling violations: warnings then administrative penalties up to $500.
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