Selling home-baked goods across Somerset County runs through a state Cottage Food Operator Permit from the NJ Department of Health under N.J.A.C. 8:24-11. The permit costs $100, runs two years, and covers only non-hazardous foods that stay safe at room temperature.
New Jersey had no cottage food law until the Department of Health adopted the Cottage Food Operator Permit in 2021, codified at N.J.A.C. 8:24-11, following the Harris v. Mendez litigation. The permit is issued at the state level, not by Somerset municipalities or the county, and authorizes production only in the private kitchen of the operator's own residence. It carries a $100 biennial fee and covers non-potentially-hazardous items such as breads, cookies, jams, and candy; foods needing refrigeration or time-and-temperature control are excluded. Each product must be labeled with the operator's name, address, ingredients, allergens, and a notice that the kitchen is uninspected. Gross sales are capped at $50,000 per year.
Selling home foods without a Cottage Food Operator Permit, or offering potentially hazardous items, lets the Department of Health order sales stopped, impose penalties, and require full retail-food licensing.
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