Cottage food is regulated by the State of New Jersey, not Passaic County. Since 2021, home producers of non-perishable foods must get a Cottage Food Operator Permit ($100, valid two years) under N.J.A.C. 8:24-11, with sales capped at $50,000 per year.
New Jersey was the last state to legalize cottage food, adopting N.J.A.C. 8:24-11 in 2021. The rule is statewide and administered by the NJ Department of Health, so Passaic County itself sets no cottage-food rule. Operators may sell non-time/temperature-controlled (non-TCS) foods such as baked goods, jams, and candies. A Cottage Food Operator Permit is required: the application fee is $100 and the permit is valid for two years. Gross annual sales cannot exceed $50,000. Every product must carry the label statement: 'This food is prepared pursuant to N.J.A.C. 8:24-11 in a home kitchen that has not been inspected by the Department of Health.' Municipal zoning may still limit home food operations.
Selling cottage foods without a permit, exceeding the sales cap, or mislabeling can result in NJ Department of Health enforcement and permit revocation.
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