Under ARS 36-1761, cottage food operators may sell baked goods and other non-hazardous foods from home without a food license. Annual sales capped at 5,000.
Under Arizona Revised Statutes 36-1761, a cottage food operation allows a person to manufacture and sell certain foods from their primary residence without obtaining a food establishment license from the Pima County Health Department. Permitted products include baked goods, candy, dry herbs, dry pasta, fruit pies, granola, roasted coffee, and other non-potentially-hazardous foods that do not require time or temperature control for safety. Potentially hazardous foods such as those containing meat, dairy requiring refrigeration, canned vegetables, and fermented products are not permitted. The annual gross sales limit is $75,000. All products must be labeled with the name and address of the cottage food operation, the statement that the product was produced in a home kitchen not inspected by the health department, common allergen information, and the date of production. Sales may occur directly to consumers at the home, at farmers markets, or online for local pickup. Wholesale sales to stores and restaurants are not permitted. Oro Valley residents operating a cottage food business should also obtain a home occupation permit from the Town to comply with zoning requirements. The cottage food law preempts local ordinances that would impose additional food safety licensing requirements.
Operating outside the scope of ARS 36-1761 (selling prohibited foods, exceeding the $75,000 cap) subjects the operator to standard food establishment licensing requirements and Pima County Health Department enforcement. Failure to properly label products can result in a warning or order to cease sales.
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