Thinking of selling baked goods from home in NJ? Here's what you should know

Home bakers in New Jersey had a huge win earlier this month when the state Public Health Council reviewed a ruling from the Department of Health that will make it legal for them to sell cakes, cookies, cupcakes and more.

Until then, New Jersey was the only state where doing so was against the law: Food meant for public consumption required preparation in a commercial kitchen.

Home sales will be allowed – and Cottage Food Operator permit applications can be submitted – once the ruling is published by the New Jersey Office of Administrative Law. Martha Rabello of Fanwood, a member of the The New Jersey Home Bakers Association, which led the charge to have home-baking legalized, anticipates this will occur by or in September.

While baking cannot begin just yet, the following are commonly asked questions and answers regarding what will be required of home-based baking businesses in New Jersey. An extensive list of questions and answers can be found at njhomebakers.org.

What will I be allowed to sell?

The list includes baked goods (bread, rolls, biscuits, cakes, cupcakes, pastries and cookies), candy, chocolate-covered dried fruit and dried nuts, dried herbs, dry seasonings, dried pasta, dry baking mix, fruit jam, fruit jelly, fruit preserves, fruit pies, fruit empanadas, fruit tamales, fudge, granola, cereal, trail mix, honey, sweet sorghum syrup, nuts, nut mixtures, nut butters, popcorn, caramel corn, roasted coffee, dried tea, vinegar, mustard, waffle cones and pizzelles.

These items are classified as non-TCS (temperature controlled for safety) foods, meaning foods that do not require any additional preparation – such as heating – or initial refrigeration to be safe, said Mandy Coriston of the New Jersey Home Bakers Association.

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What will I not be allowed to sell?

Foods requiring refrigeration or heating, hot foods or catered foods.

How much will the permit cost?

$100, and it will be valid for two years. The cost of a renewal also will be $100. Permits will be available from the New Jersey Department of Health.

Will my kitchen need to be inspected?

Inspections will not be required but "may arise if a complaint is received," according to the bakers association. Per the ruling from Public Health Services, "a health authority is authorized to enter upon, examine, and survey any premises, including the home kitchen of a cottage food operator ... to enforce or confirm compliance with any health law or other law under the official’s jurisdiction (and to) investigate complaints associated with cottage food products, such as contamination, foodborne illness, misbranding or adulteration."

Where will I be allowed to sell my baked goods?

From home, through self-delivery, at farmers markets and farm stands, at pop-up events and at special events. Wholesale will not be permitted, nor will sales across state lines.

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Can baked goods be shipped?

No. From the bakers association: "You can use the internet or mail systems to take orders, advertise and receive payments, but you may not use USPS, FEDEX, UPS, etc. to deliver your baked product."

Will online advertising be allowed?

Yes.

Is there any special kitchen set-up required?

Surfaces in which food will come in contact must be cleaned and sanitized prior to each use, and ready-to-eat foods must be prepared using single-use gloves and tongs. Proof of recent well water testing or a recent water bill must be included with the permit application.

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Do I need a food-handling certification?

Per the ruling from Public Health Services, permit applications will require "a copy of a certificate issued by an accredited program showing that the applicant is a food protection manager in good standing with the accredited program."

One such program is ServSafe, which offers an online manager course and exam for $179.

"By requiring cottage food operators to obtain, and maintain in good standing, certification as food protection managers, the proposed amendment and new rules would provide a measure of assurance that cottage food operators have awareness of, and presumably would implement, evolving best practices and measures to ensure food safety and, thereby, provide a level of professional accountability," reads the ruling.

Do I need a pastry degree or culinary degree?

No.

Is there an income cap?

Yes; gross annual sales cannot exceed $50,000.

Do I need insurance?

The ruling does not mention insurance, but Mandy Coriston of the bakers association said they are encouraging people to take out business insurance as part of their opening plans.

Home-based baking businesses also will need to register as an LLC with the state.

I have pets, can I still sell goods baked at home?

Yes, but pets – as well as children – are not allowed in the kitchen during baking.

For more information about the ruling, visit nj.gov/health. For more information about the New Jersey Home Bakers Association, visit njhomebakers.org.

Sarah Griesemer joined the USA TODAY NETWORK New Jersey in 2003 and has been writing all things food since 2014. Send restaurant tips to [email protected].

This article originally appeared on Asbury Park Press: Can I sell baked goods from home in NJ? What you should know