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Selling cookie mixes in jars? W/o cottage law?

post #1 of 9
Thread Starter 
Do you think I could sell cookie mixes (flour, sugar, oats, etc) in a mason jar either in person or online through etsy in a state that does not have a cottage food law?

I'm assuming this would be okay because I'm not baking anything.

Your opinions would be appreciated. TIA
Started my business legally February 2012! Commercial kitchen and all!
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Started my business legally February 2012! Commercial kitchen and all!
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post #2 of 9
Usually the health department has jurisdiction over anything sold for human consumption. Here in California we sold a flour mix and we were required to package the mix in our licensed commercial kitchen.
post #3 of 9
Thread Starter 
Good to know. Thanks icon_sad.gif
Started my business legally February 2012! Commercial kitchen and all!
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Started my business legally February 2012! Commercial kitchen and all!
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post #4 of 9
Plus, for the internet, you will need an FDA license to sell with all of their requirements. This includes proper labeling and a nutritional analysis from a lab.

If you don't have a separate commercial kitchen with all requirements, including floor drains, your kitchen will not be approved, so legally selling on the internet is impossible. Illegally selling is a federal offense.
post #5 of 9
Thread Starter 
Quote:
Originally Posted by scp1127

Plus, for the internet, you will need an FDA license to sell with all of their requirements. This includes proper labeling and a nutritional analysis from a lab.

If you don't have a separate commercial kitchen with all requirements, including floor drains, your kitchen will not be approved, so legally selling on the internet is impossible. Illegally selling is a federal offense.



So all those Etsy sellers are just pushing their luck?
Started my business legally February 2012! Commercial kitchen and all!
Reply
Started my business legally February 2012! Commercial kitchen and all!
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post #6 of 9
Unless they are working out of an approved kitchen. But to go through all of the expense to sell on etsy wouldn't be profitable. It's barely profitable in a retail establishment.

The internet is fairly new with all of these sales. But just like the crackdown on music and now copyright/trademark protection, it won't be long before this area is tackled. Plus it would be a great revenue source. The fines for FDA go back per diem for as long as you would not have the required paperwork on file. I think some things like production schedules and recall protocol information must be held for six months.

I've written about this many times. My kitchen was built to FDA specs, but unless I get a lot bigger, the cost is prohibitive in that local sales don't have to jump through hoops. You must have every recipe analyzed and that is a minimum of $125 per recipe.

This all started after 9/11 when mail and delivery were used by terrorists. Every FDA kitchen must also register with the Bioterrorism Act.

Little by little, the agencies are working to enforce the laws now being voilated online.

I was a witness in a tax fraud lawsiut several years ago and I know that when a government agency comes in on a voilation, they alert the IRS and they also look into the violating business for tax fraud.
post #7 of 9
Thread Starter 
Wow!! So happy I have not sold anything on Etsy. Thanks for your insight!
Started my business legally February 2012! Commercial kitchen and all!
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Started my business legally February 2012! Commercial kitchen and all!
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post #8 of 9
Duplicate post
post #9 of 9
If you could make non-edible ones, you could do it. For example, you know how some fondant dries too hard to eat? If you could sell this type and label as non-edible, you may be ok.
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