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HomeMy WebLinkAbout2016 01 06 Public Hearings 401Ordinance 2016-05PLANNING & ZONING BOARD AGENDA ITEM 401 January 6, 2016 Meeting Consent Information Public Hearing X Regular REQUEST: The Community Development Department — Planning Division requests that the Planning & Zoning Board consider Ordinance 2016 -05, which proposes to add definitions to the City Code of Ordinances related to cottage food operations, and to amend the City Code of Ordinances regarding the regulation of cottage food operations in order to permit them as a home occupation in the City. SYNOPSIS: The Planning Division has received several inquiries from citizens who have indicated their intention of operating a cottage food operation from their home as a home occupation. In consultation with the City Attorney's office, it was determined that cottage food operations are not considered a home occupation or home office pursuant to Section 20 -451 (6)(m) as it states food processing and handling, commercial are not permitted as a home occupation. Cottage food operations are considered commercial operations. Ordinance 2016 -05 proposes to add definitions to the City Code of Ordinances related to cottage food operations and to amend the City Code of Ordinances regarding the regulation of cottage food operations in order to permit them as a home occupation in the City. CONSIDERATIONS: APPLICANT AND PROPERTY INFORMATION: • Applicant name and address and authorized representative: City of Winter Springs, 1126 East State Road 434, Winter Springs, FL 32708. • Property owner's name(s): Not applicable • Property addresses: Not applicable • Property Parcel ID numbers: Not applicable • Current FLUM Designations: Not applicable • Current Zoning Designations: Not applicable January 6, 2016 Planning & Zoning Board Agenda, Item 401 Page 2 of 3 • Previously Approved Development permits such as conditional use, waiver, or variance (if any): Not applicable • Development Agreements (if any): Not applicable • Pending Code Enforcement Actions (if any): Not applicable • City Liens (if any): Not applicable APPLICABLE LAW, PUBLIC POLICY, AND EVENTS Florida Statutes 163.2511- 163.3246: (Provides that land development regulations for municipal planning be consistent with the Comprehensive Plan). Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Florida Statute 500.80 Cottage Food Operations Winter Springs Charter Article IV. Governing Body. Section 4.06. General powers and duties. Section 4.15. Ordinances in General. City of Winter Springs Comprehensive Plan Winter Springs Code of Ordinances, Chapter 20, Section 20 -1 - Definitions, Section 20 -452 - Home Occupations or home offices DISCUSSION: In 2011, the Florida Legislature enacted House Bill 7209, which permits individuals to produce and sell non - potentially hazardous foods, of up to $15,000 in gross sales per year, in an unlicensed home kitchen without obtaining a food permit from the Florida Department of Agriculture and Consumer Services. Cottage food operators can sell these products within the state of Florida directly to consumers from their homes, farmers markets, flea markets or their own roadside stands. Cottage food operators are not allowed to distribute or wholesale their products, or sell via the internet or mail order and products cannot be sold across state lines. Cottage foods must be properly packaged and labeled and cannot be sampled for tasting. A cottage food operation must comply with all applicable county and municipal laws and ordinances regulating the preparation, processing, storage and sale of cottage food products. Currently, the Home Occupations section of the Code of Ordinances does not permit an individual to operate a commercial food processing and handling operation from their home, regardless if it is considered a cottage food operation by the State of Florida Department of Agriculture. Ordinance 2015 -06 proposes to add definitions to the City Code of Ordinances related to cottage food operations, and to amend the City Code of Ordinances regarding the regulation of cottage food operations in order to permit them as a home occupation in the City. Ordinance 2016 -06 specifically proposes the following: • Adds the following definitions to Section 20 -1 of the City Code of Ordinances: 1. Cottage food operations. "Cottage food operation" means a natural person who produces or packages cottage food products at his or her residence and sells such products in accordance with section 500.80, Florida Statutes. January 6, 2016 Planning & Zoning Board Agenda, Item 401 Page 3 of 3 2. Cottage food products. "Cottage food product" means food that is not a potentially hazardous food (as defined by rules of the Department of Agriculture and Consumer Services) which is sold by a cottage food operation in accordance with section 500.80, Florida Statutes. Adds the following to Section 20 -452, (6)(m) - Home occupations or home offices of the City Code of Ordinances: The following uses shall not be considered a home occupation or home office: Food processing and handling, commercial (except that cottage food operations, as defined in section 20 -1 of the City Code, may be considered a home occupation or home office), FISCAL IMPACT: There is no direct fiscal impact to the City associated with this agenda item. COMMUNICATION EFFORTS: The Meeting Agenda and this Agenda Item have been forwarded to the Planning and Zoning Board members and are available on the City's Website, LaserFiche, and the City's Server. The Agenda has been forwarded to the Mayor and City Commission; City Manager; and City Attorney /Staff. Additionally, the Meeting Agenda has been sent to media /press representatives, all Homeowner's Associations on file with the City, all individuals who have requested Agenda information, Department Directors; and also posted outside City Hall; posted inside City Hall with additional copies available for the general public. STAFF RECOMMENDATION: Staff recommends the Planning & Zoning Board forward a recommendation of approval to the City Commission of Ordinance 2016 -08, which proposes to add definitions to the City Code of Ordinances related to cottage food operations and to amend the City Code of Ordinances regarding the regulation of cottage food operations in order to permit them as a home occupation in the City. ATTACHMENTS: A. Ordinance 2016 -08 B. Florida Department of Agriculture and Consumer Services FAQ - Cottage Food Operations C. Florida Statute 500.80 - Cottage Food Operations Attachment "A" ORDINANCE NO. 2016 -05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; ADDING DEFINITIONS RELATED TO COTTAGE FOOD OPERATIONS AND PRODUCTS; AMENDING THE CITY CODE REGARDING THE REGULATION OF COTTAGE FOOD OPERATIONS AS HOME OCCUPATIONS OR HOME OFFICES, PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission desires to amend the City Code related to home occupations and home offices, and; WHEREAS, the City Commission desires to permit cottage food operations operating in accordance with section 500.80, Florida Statutes, in all residential zoning districts subject to the conditions applicable to other home occupations and home offices; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code of Ordinances, Chapter 20, Zoning, is hereby amended as follows (underlined type indicates additions and str-ikeett type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 20. It is intended that the text in Chapter 20 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this ordinance): CHAPTER 20. ZONING City of Winter Springs Ordinance No. 2016 -05 Page 1 of 4 ARTICLE L GENERAL Sec. 20 -1. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Cottage food operations. "Cottage food operation" means a natural person who produces or packages cottage food products at his or her residence and sells such products in accordance with section 500.80, Florida Statutes. Cottage food products. "Cottage food product" means food that is not a potentially hazardous food (as defined by rules of the Department of Agriculture and Consumer Services) which is sold by a cottage food operation in accordance with section 500.80, Florida Statutes. ARTICLE V. SUPPLEMENTAL DISTRICT REGULATIONS DIVISON 4. REGULATION OF HOME OCCUPATIONS OR HOME OFFICES. Section 20 -452. Home occupations or home offices. (a) A home occupation or home office, as defined in section 20 -1 of the City Code, is permitted in all residential zoning categories provided that: 1. The home occupation or home office use shall be incidental and subordinate to the residential use of the dwelling unit. Further, the area used for the home occupation or home office shall not exceed an area greater than thirty percent (30 %) of the air - conditioned portion of the dwelling unit. 2. The home occupation or home office use shall not negatively impact the residential character of the neighborhood in which it is located by introducing uses or conditions that are incompatible with the peace and harmony of the residential neighborhood. City of Winter Springs Ordinance No. 2016 -05 Page 2 of 4 3. The home occupation or home office is conducted entirely within the dwelling unit or within a permitted accessory building. A home occupation or home office is not permitted within an accessory dwelling unit. 4. There shall be no exterior advertising of the home occupation on the outside of the dwelling unit or permitted accessory building. 5. There shall be no exterior storage or display on the premises of material or equipment used as a part of the home occupation or home office. Commercial vehicles shall be regulated pursuant to section 20 -431 et. seq. of the City Code. 6. The following uses shall not be considered a home occupation or home office: a. Adult entertainment establishments; b. Antique shops; c. Art studio for group instruction; d. Auto service and repair; e. Mechanical service and repair; f Barber and cosmetology services; g. Band or music instruction for groups; h. Bed and breakfast facilities; i. Clubs, private; j. Drive -in facilities; k. Eating and drinking establishments; 1. Escort services; m. Food processing and handling, commercial (except that cottage food operations, as defined in section 20 -1 of the City Code, may be considered a home occupation or home office), n. Fortune tellers; o. Funeral homes; p. Group instruction for more than two people; q. Health spas; r. Hospitals and clinics; s. Hotels /motels; t. Kennels or overnight boarding of animals; u. Massage therapy; v. Photographic studios involving chemicals or client visitors; w. Retail commercial operations; x. Sexually oriented businesses; y. Vehicle sales or rental; z. Tattoo parlors; aa. Health care providers; or bb. Any other use or activity similar in nature or purpose to those listed herein and any other use or activity inconsistent with the requirements of this Code. City of Winter Springs Ordinance No. 2016 -05 Page 3 of 4 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of February, 2016. CHARLES LACEY, Mayor ATTEST: ANDREA LORENZO- LUACES, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading_ Second Reading: Effective Date: City of Winter Springs Ordinance No. 2016 -05 Page 4 of 4 Attachment Cottage Food Legislation Signed Into Law The 201 1 Florida Leg- islature enacted House Bill 7209 allowing indi- viduals to manufacture, sell and store certain types of "cottage food" products in an unlicensed home kitchen. Cottage food products include such items as breads, cakes, cookies, candies, jams, jellies, and fruit pies. "Cottage food opera- tions" as they are called require no license or permit from the Florida Department of Agricul- ture and Consumer Ser- vices (FDACS), and are not inspected by any state government entity Gross sales for a cot- tage food operation must not exceed $15,000 annually. Products must be sold directly by the cottage food operator to the consumer. Sales by Internet, mail order, con- signment or at wholesale are prohibited. Cottage food products must be labeled in ac- cordance with the re- quirements as outlined in Section 500.80(5), Flor- ida Statutes, and United States Code of Federal Regulations Title 21, Part 101. All cottage food prod- ucts, offered for sale to the general public, must be labeled: "Made in a cottage food operation that is not subject to Flor- ida's food safety regula- tions." The FDACS may inves- tigate any complaint re- ceived against a cottage food operation. The Division of Food Safety is pleased to pro- vide cottage food op- erators with general and specific information con- tained in this document. If you are a prospec- tive cottage food opera- tor, please take some time to review this guid- ance document so that you are better informed about cottage food op- eration requirements. INSIDE WHAT TYPE OF FOODS CAN I PRODUCE? WHAT TYPES OF FOOD ARE NOT ALLOWED? FREQUENTLY ASKED QUESTIONS LABELING AND INSPEC- TION REQUIREMENTS 11B11 Quick Reference Definitions Cottage Food Operation means a person who pro- duces or packages cottage food products at his or her residence and sells such products in accordance with Section 500.80, Florida Stat- utes. Cottage Food Product means food that is not a potentially hazardous food as defined by FDACS rule which is sold by a cottage food operation in accordance with Section 500.80, Florida Statutes. Residence is defined to mean a primary residence that is occupied by an individual who operates a cottage food operation and that contains a single kitchen with appliances designed for common resi- dential usage. The residence may only contain one stove or oven, which may be a double oven designed for non - commercial use. Potentially Hazardous Food means a food that requires time temperature control for safety (TCS) to limit patho- genic microorganism growth or toxin formation; An animal food that is raw or heat - treated; a plant food that is heat treated or consists of raw seed sprouts, cut melons, cut leafy greens, cut toma- toes or mixtures of cut toma- 2 toes that are not modified in a way so that they are un- able to support pathogenic 2 microorganism growth or toxin formation, or garlic -in- oil mixtures that are not 2 modified in a way so that they are unable to support 3 pathogenic microorganism growth or toxin formation. COTTAGE FOOD 4 CONTACTS, WEB LINKS AND RESOURCES FDACS -P -01765 Fresh Florida What Types of Cottage Foods Can 1 Produce? As a cottage food op- erator, you are allowed to produce food items which are considered not potentially hazardous. The table (at right) provides a listing of ac- ceptable cottage food products. Although not all inclusive, it provides for most types of ap- proved cottage food products. If you have any ques- tions regarding the pro- duction of a particular cottage food product please contact the FDACS's Division of Food Safety, Bureau of Food and Meat Inspection at (850) 245 -5520. Loaf breads, rolls, biscuits Cakes, pastries and cookies Candies and confections Honey Jams, jellies and preserves Fruit pies and dried fruits Dry herbs, seasonings and mixtures Homemade pasta Cereals, trail mixes and granola Coated or uncoated nuts Vinegar and flavored vinegars Popcorn, popcorn balls Ong jerky gamy, or sh�-I G s,�, produ .,Z rcoy,, seed ,_ r ;is � Bakery r -,;, 0re )Ip . ,* f re- such as r' ""gue pi —ea cmd cokes *r hord. 505r o obI ge the es on y r.� �<a. res f u an I,f�x -. e,,,e q -tc< b �,. _ aid :-rorn .yea ! rtMs or y g (} ti Q -e ono", C "r K r O � f P_seS Frequently Asked Questions Question: How do I sell my cottage food products? Answer: You may sell your cottage food products from your residence directly to the consumer. Sales are also ap- proved at farmer's markets and roadside stands. Question: Can I use the Inter- net to sell my cottage food products? Answer: No, the law prohibits sales over the internet, by mail order, or at wholesale. Question: Am I able to de- liver my cottage food prod- ucts? Answer: Yes, you may deliver your cottage food products directly to the consumer or to a specific event venue (wedding, birthday celebration etc.) Question: Do I need a permit or license for my cottage food operation? Answer: No, you do not need a state permit or license for your cottage food operation. However, you should check with your city or county for any requirements they may have.. Question: Is there any limit to how much I can earn from my cottage food operation? Answer: Yes, cottage food operators are limited to $15,000 in gross sales per year. It is the operator's re- sponsibility to comply with ap- plicable laws, rules and regu- lations regarding the collection of sales tax Question: Can I make pet treats? Answer: No, the cottage food law applies to human -grade food only. For more informa- tion about pet treat licensing please contact the Feed In- spection Program at (850) 617 -7855. E� t d 7 S 'j7 Ong jerky gamy, or sh�-I G s,�, produ .,Z rcoy,, seed ,_ r ;is � Bakery r -,;, 0re )Ip . ,* f re- such as r' ""gue pi —ea cmd cokes *r hord. 505r o obI ge the es on y r.� �<a. res f u an I,f�x -. e,,,e q -tc< b �,. _ aid :-rorn .yea ! rtMs or y g (} ti Q -e ono", C "r K r O � f P_seS Frequently Asked Questions Question: How do I sell my cottage food products? Answer: You may sell your cottage food products from your residence directly to the consumer. Sales are also ap- proved at farmer's markets and roadside stands. Question: Can I use the Inter- net to sell my cottage food products? Answer: No, the law prohibits sales over the internet, by mail order, or at wholesale. Question: Am I able to de- liver my cottage food prod- ucts? Answer: Yes, you may deliver your cottage food products directly to the consumer or to a specific event venue (wedding, birthday celebration etc.) Question: Do I need a permit or license for my cottage food operation? Answer: No, you do not need a state permit or license for your cottage food operation. However, you should check with your city or county for any requirements they may have.. Question: Is there any limit to how much I can earn from my cottage food operation? Answer: Yes, cottage food operators are limited to $15,000 in gross sales per year. It is the operator's re- sponsibility to comply with ap- plicable laws, rules and regu- lations regarding the collection of sales tax Question: Can I make pet treats? Answer: No, the cottage food law applies to human -grade food only. For more informa- tion about pet treat licensing please contact the Feed In- spection Program at (850) 617 -7855. Florida Labeling Requirements The cottage food law requires specific labeling requirements for the sale of cottage food prod- ucts. A cottage food opera- tion may only sell cot- tage food products which are prepackaged with a label affixed that contains the following information: (printed in English) • The name and ad- dress of the cottage food operation; • The name of the cot- tage food product; • The ingredients of the cottage food product, in descend- ing order of predominance by weight; • The net weight or net volume of the cot- tage food product; • Allergen information as specified by fed- eral labeling re- quirements; • If any nutritional claim is made, ap- propriate nutritional information as speci- fied by federal la- beling requirements; and • The following state- ment printed in at least 10 -point type in a color that pro- vides a clear contrast to the background label: "Made in a cottage food opera- tion that is not sub- ject to Florida's food safety regulations." A sample is shown be- low and may assist with developing your cottage food product label. MADE IN A COTTAGE FOOD OPERATION THAT IS NOT SUBJECT TO FLORIDA'S FOOD SAFETY REGULATIONS Chocolate Chip Cookie Ashley Christopher Bryant 1019 Food Safety Drive Tallahassee, Florida 32399 Ingredients: Enriched flour (Wheat flour, niacin, reduced iron, thiamine, mononitrate, riboflavin and folic acid), butter (milk, salt), chocolate chips (sugar, chocolate liquor, cocoa butter, butterfat (milk), Soy lecithin as an emulsifier), walnuts, sugar, eggs, salt, artificial vanilla extract, baking soda. Contains: wheat, eggs, milk, soy, walnuts Net Wt. 3 oz Federal Allergen Labeling Information All cottage food products must be labeled in ac- cordance with the United States Code of Federal Regulations Title 21, Part 101. As a cottage food operator, you must identify if any of your ingredi- ents are made from one of the following food groups: eggs, milk, wheat, peanuts, soybeans, fish and tree nuts. In the sample label (provided at left) possible allergens are identified as "Contains wheat, eggs, milk, soy and walnuts." This labeling allows con- sumers to avoid food which may be harmful to them. To obtain additional information you may visit the following website which contains more information regarding federal allergen labeling information: httr): / /www.fda.aov /Food /Label inaNutrition/ FoodAllergensLabeling/ GuidanceComplianceRegulatorylnformation /ucm 1061 87.htm Cottage Food Inspections Know the Rules... The FDACS may investigate any complaint received for a cottage food operation. If your cottage food operation is the subject of a complaint, you must allow a FDACS employee or officer in your cottage food operation to conduct an inspection. The FDACS employee or officer will inspect your cottage food operation to determine compliance with applicable laws, rules and regulations. If you refuse to allow a FDACS employee or of- ficer to inspect your cottage food operation, the FDACS may take disciplinary actions which may include a $5,000 fine. More information is available on page four of this publication. State Agency Contact Documents and Publications A cottage food operation must comply with all applica- Can 1 Sell My Florida :.: ble county and municipal laws and ordinances regulating Cottage Foods to t the preparation, processing, storage and sale of cottage food products. Below is a listing for state agency re- Restaurants? o sources who may assist you in answering any questions or Barbecue _ regarding cottage foods: Cottage food opera- Sauce? United States Food and Drug Administration tors are not allowed to 2009 Food Code FDACS of Agriculture and Consumer Services sell their cottage food or processing of acidi- Division of Food Safety products to local restau- (850) 245 -5520 rants or grocery stores. lowed by a cottage http :/ /www.freshfromflorida.com� These types of sales are Billld= 46868 &Sessionld =66 considered "wholesale" These types of prod - Chapter 500, Florida Statutes and are not allowed un- http:/ /www.1ea.state.fl.us /Statutes /index.cfm? cially processed to en- der the law. sure sterility under con - 0599/ 0500 /0500Contentslndex .html &StatuteYear = 2010 &Title = %2D% Cottage food opera - 3E2010 %2D %3EChapter %20500 refrigerated storage tors must sell their cot - Us:z jii a r, �I tage food products di- http:/ /www.fda.aov/ Food /Labeling Nutrition /FoodAlIeraensLabelinq/ rectly to the consumer. Documents and Publications Fresh Florida :.: The following websites provide additional information relating to food safety and subsequent requirements as well as the cottage food legislation: Can 1 Make Salsas �- -. or Barbecue Sauce? United States Food and Drug Administration Processing of low -acid 2009 Food Code foods by retort canning http:/ /www.fda.aov/ Food /FoodSafety/RetailFood Protection /FoodCode or processing of acidi- FoodCode2009/ fied foods is not al- Cottage Food House Bill 7209 lowed by a cottage http:/ /www.myfloridahouse.aov/ Sections /Bills /bilIsdetail.aspx? food operator. Billld= 46868 &Sessionld =66 These types of prod - Chapter 500, Florida Statutes ucts must be commer- http:/ /www.1ea.state.fl.us /Statutes /index.cfm? cially processed to en- App mode = Display Statute &URL =0500- sure sterility under con - 0599/ 0500 /0500Contentslndex .html &StatuteYear = 2010 &Title = %2D% ditions of non - 3E2010 %2D %3EChapter %20500 refrigerated storage and distribution. Food Allergen Labeling and Consumer Protection Act of 2004 http:/ /www.fda.aov/ Food /Labeling Nutrition /FoodAlIeraensLabelinq/ Typically, canning or GuidanceComplianceReaulatorylnformation /ucm106187.htm processing acidified foods are done in a state permitted facility. Cottage Food Legislation Frequently Asked Questions Are pet treats included under the Cottage Food Law? No. The Cottage Food guidance document applies to human grade food only. Can I produce and sell cooked vegetable products, like salsas, tomato sauces, spaghetti sauces, or foccacia bread with roasted vegetables? No. Food products made with cooked vegetable products do not qual- ify under the Cottage Food guidance document. Manufacturers of cooked vegetable products like salsas and tomato sauces must meet significant federal and state training and licensing requirements. Cooked vegetables, whether fresh or canned, usually are made from a combination of low acid and acidified foods, and are considered a Potentially Hazardous Food. Cooked vegetables must be held either hot (above 135 °F) or cold (below 41 °F). They can't be stored at room temperature, which makes them ineligible for production in a cottage food operation. Can I roast coffee beans in my home kitchen and sell them under the Cottage Food Law? Yes. You can roast and sell whole bean coffee or ground coffee, as long as you meet all of the provisions of the Cottage Food guidance document (labeling, storage, etc.); however, since beverages are not allowed under the Cottage Food guidance document you may not sell ready -made coffee. Can I bake bread in a wood fired oven under the Cottage Food Law? Yes, as long as that oven is in your home kitchen. Can I make and sell apple butter or other fruit butters? Yes, butters made from fresh fruits are considered cottage food products. Fruit butters have significantly less sugar than a tradi- tional jam or jelly. It is the combination of acid, sugar, pectin and heat that assures the safety of jams /jellies. Vegetable butters such as pumpkin butter would not be Cottage Food Can I press and sell apple cider under the Cottage Food guidance document? No. apple cider is not a food allowed to be produced. Actually, no beverages are allowed to be produced under the Cottage Food guidance document. Am I allowed to grind wheat and other grains and make them into flour? Yes, you may grind any type of grain into flour, pro- vided the packaging and labeling requirements are met. FDACS -P -01768 Cottage Food Legislation Frequently Asked Questions Page 2 eration, Can I make and sell dehydrated meats under the Cottage Food Law? No. Meats are a Potentially Hazardous food and are not al- lowed under the Cottage Food guidance document exemptions. I lease space in a retail building where I operate a small antique shop. As a Cottage Food baker, can I sell my own baked goods from my shop under the current Cottage Food Guideline? No, the cottage food legislation prohibits wholesale, internet or sales by con- signment Since your small antiques store is not the cottage food op- you would not be able to sell your cottage food products from this location. If I have a roadside stand which is already inspected and permitted can I also sell my cottage food ? A permitted food establishment cannot sell foods from unapproved source. Since the safe food handling practices are not being evaluated at your home, the cottage food is not considered an approved source and cannot be sold at a permitted roadside stand. Can I make and sell hard candies or lollipops under the Cottage Food guidance document? Yes. Hard candies, lollipops and peppermint candies are allowed under the Cottage Food guidance document, as long as they are labeled correctly and completely, the label includes any allergens the product may contain, and all other provisions of the law are met. Can I make and sell sweet breads, muffins or other baked goods made with fresh fruits and vegetables like zucchini, pumpkin, and strawberries? Yes, as long as the fruits or vegetables are incorporated into the batter and properly baked, labeled and packaged. The baked goods may not be decorated or garnished with fresh fruits or vegetables. Can I use homegrown fruits and vegetables in baked goods? Yes. You should take care to thor- oughly wash the homegrown produce and the fruits or vegetables must be incorporated into the batter and properly baked, labeled and packaged. The baked goods may not be decorated or garnished with fresh fruits or vegetables. Can homegrown produce be canned and used for making baked goods, like sweet breads, at a later date? No, but you can use commer- cially canned products for baked goods, like canned pumpkin, cherry pie filling, etc. Most home - canned products are not approved for production under the Cottage Food Law, with the exception of jams and jellies. Can /freeze homegrown produce and use it for making baked goods, like sweet breads, at a later date? Yes, as long as the frozen fruits or vegetables are incorporated into the batter and properly baked, labeled and packaged. The baked goods may not be decorated or garnished with fresh or frozen fruits or vegetables. Cottage Food Legislation Frequently Asked Questions Page 3 Can I make and sell dry bread or `instant' bread mixes under the Cottage Food Guidelines? Yes. Dry bread mixes are an ac- ceptable product to produce and sell under the Cottage Food guid- ance document, as long as you meet all requirements of the law. Does my chocolate fountain business qualify as a Cottage Food business? If your business is involved in any process- ing, preparation and storage of food items, including offsite, this food service business would not be eligible to operate under the Cottage Food guidance document and would required a food license from the Department of Business and Professional Regulation. If your service is hired to deliver the fountain equipment only to the event and food product is purchased and delivered for each individual event, this would be considered a Cottage Food business. Do I have to put a label on my Cottage Foods? Yes, you are required to label your Cottage Foods. The basic information that must be on the label is as follows: • Name and address of the Cottage Food operation. • Name of the Cottage Food product (All capital letters or upper /lower case are both acceptable). • The ingredients of the Cottage Food product, in descending order of predominance by weight. If you use a prepared item in your recipe, you must list the sub ingredients as well. For example: soy sauce is not acceptable, soy sauce (wheat, soybeans, salt) would be acceptable. • The net weight or net volume of the Cottage Food product (must also include the metric equivalent, conversion charts are available online). • Allergen labeling as specified in federal labeling requirements. The following statement: "Made in a cottage food operation that is not subject to government food safety inspection" (All capital letters or upper /lower case are both acceptable provided they are ten point font size.). Hand - printed labels are acceptable if they are clearly legible, written with dura- ble, permanent ink, and printed large enough to equal the font size require- ments listed above. 4 Can I make Cottage Food products in an outbuilding on my property, like a shed or a barn? No. Outbuildings such as sheds or barns are not allowed. t' €, �Q Cottage Food Legislation Frequently Asked Questions Page 4 What does allergen labeling, as specified in federal labeling require- ments, mean? It means you must identify if any of your ingredients are Nom..; . made from one of the following food groups: milk, eggs, wheat, peanuts, `�• soybeans, fish (including shellfish, crab, lobster or shrimp) and tree nuts ` .. .�.,. i 4 Pso P -s - (such as almonds, pecans or walnuts). So, if you have an ingredient „am �o% made with a wheat based product, you have two options: 1. Include the allergen in the ingredient list. For example, a white bread with the following ingredient listing: whole wheat flour, water, salt and yeast. In this example, the statement 'whole wheat flour', meets the requirements of federal law. 2. Include an allergen statement ( "Contains : ") after the ingredient list. For example a white bread,with the following ingredients: whole wheat flour, water, sodium caseinate, salt and yeast. Con- tains wheat and milk. The "Contains" statement must reflect all the allergens found in the product. In this example, the so- dium caseinate comes from milk. Are there any special requirements for tree nuts labeling for allergens? Yes, if your Cottage Food has tree nuts as an ingredient you must identify which tree nut you are using. For example, if you made Nut Bread, an acceptable ingredient list would be: Ingredients: wheat flour, water, almonds, salt, yeast. The following would not be acceptable: Ingredients: flour, water, nuts, salt, yeast. I am concerned that some of my product ingredients that are not allergens are "trade secrets" and listing all my ingredients would lead to unfair competition. Do I have to list all of my ingre- dients or can I protect my trade secrets? According to federal regulations (Food and Drug Admini- stration (FDA), 21CFR 101.100g(1)(2)), exceptions to labeling can be made. In particular, if the Com- missioner of Food and Drugs finds that alleged secret ingredients are harmless an exemption may be granted. You should contact the FDA to discuss and propose an exemption from labeling. Do I have to include my home address on my product labeling or is a post office box sufficient? You must use the physical address of your home kitchen on your product label, not a post office box. The purpose of including an address on product labels is to be able to locate the business in case of a recall or trace - back associated with a foodborne illness complaint or outbreak. The Cottage Food guidance document specifies that the name and address of the business of the Cottage Food Operation must be included on the label. Cottage Food Legislation Frequently Asked Questions Page 5 Ar 1 Am I required to send my products to a laboratory to obtain an official ingredient list, or is it something I can put together on my own? You are not required to have your product analyzed by a laboratory to obtain an official ingredient list. You must, however, list all ingredients, in descending order of predominance by weight. If you use a prepared item in your recipe, you must list sub - ingredients as well. For example, if you use soy sauce as an ingredi- ent, listing soy sauce is not acceptable; soy sauce (wheat, soybeans, salt) is acceptable. Allergen labeling, as specified in federal labeling requirements, must also be included. P If I make and sell wedding cakes, how can I meet the labeling require- "' ments, when I can't stick a label on the cake? For wedding cakes, birthday cakes and other specialty cakes that are not easily packaged, you must in- clude all labeling requirements on the invoice and deliver the invoice with the cake. Smaller cakes must be boxed and the label must be included on the box. Why can't I sell my Cottage Foods to my favorite restaurant or grocery store? Because the cot- tage food kitchen is not inspected and the safe food handling practices are not evaluated by any food safety official. Since the safe food handling practices are not being evaluated, the food is not consid- ered an approved source for use in a restaurant or grocery store. Also, it is not possible for the final consumer to discuss your food safety practices with you, since you are not selling or serving the prod- uct to the consumer. Can I make and sell products from my motor home kitchen, or cottage or summer home under the Cottage Food Guidelines? The Cottage Food guidance document applies only to non - potentially hazardous foods made in the kitchen of your primary residence. Second homes, vacation homes or motor homes do not qualify if they are not your primary residence. Can I make products in a rented kitchen and sell them under the Cottage Food Guidelines? No. The Cottage Food guidance document applies only to non - potentially hazardous foods made in the kitchen of your primary residence. If the rented kitchen is a licensed facility, you would need a food establishment license to sell your products. Can nonprofit organizations produce and sell Cottage Foods? No. Nonprofits do not have a sin- gle family domestic residence, and therefore do not qualify as a Cottage Food business. Can I advertise my Cottage Food products on my website? Yes. You can use your website to advertise your products or market your business, but cannot take orders or sell products via your website. Cottage Food Legislation Frequently Asked Questions Page 6 Where can I store ingredients and finished products for my Cottage Food business? Ingredients and finished Cottage Food products may be stored in your single family domestic residence where the Cottage Food products are made. This includes your kitchen, a spare room or a basement that is free of dampness /water, pests or other insanitary conditions. You may not use a ga- rage, shed, barn or other outbuilding as a storage facility for your Cottage Food business. Can I sell my Cottage Foods to a wholesaler, broker or distributor? No. Un- der the Cottage Food guidance document, it is not legal for a producer to sell to a wholesaler, broker or distributor who would then resell the product. Is it possible to place my Cottage Food products in a store or restaurant on consignment? No. Cottage Food products cannot be sold on consignment. The sale must be person -to- person, from the producer to the actual consumer. Can I serve free samples of my Cottage Food Products? Yes. As long as your product meets the requirements of the Cottage Food guidance document and is a non - potentially hazardous food, sam- pling is allowed. Samples must be pre - packaged in your home kitchen (e.g, if you sample bread, you can't cut it at the market, but can cut it in your home kitchen and individually wrap or package the bread samples into sample cups with lids). Although you do not need an individual label for each sam- ple, you must have properly labeled packages of your product on display with the samples so your customer can review the ingredient list. Your product cannot be cooked or prepared in a way that makes it a potentially hazardous food /temperature control for safety food (e.g., you can't add a dried dip mix to sour cream or serve anything that can't be kept safely at room temperature - these exam- ples would require a food license). Can I utilize commercial type equipment such as large rotary mixers in my cottage food opera- tion? No. Typically a private home is not equipped with sinks required to effectively wash, rinse, and sanitize large commercial equipment. IP Does my equipment, stove and /or refrigerator need to be NSF (a food k, equipment evaluation group) approved? No. As a Cottage Food operator, = Via you are not required to meet NSF standards for your equipment used to manufacture Cottage Food products. Do I need to have a DBA for the Cottage Food law? A DBA (Doing Busi- ness As) may be a requirement of your county or local municipality. j `,j Cottage Food Legislation Frequently Asked Questions Page 7 The farmers market where I want to sell my products says I need a food license, even though I am a Cottage Food business. Can the � i4 market require a license? Yes. Even though an entity may meet the requirements of a Cottage a Food Operation and be permitted, some farmers markets or other direct marketing venues may require vendors to have a food establishment 1 �' license or to meet other requirements. Local policies enacted by farmers market boards and other local governing bodies are generally outside the scope of any Cottage Foods regulations. Are there any special requirements regarding my home on -site well? An approval or inspection of the onsite well system is not required by the Health Department prior to the operation of a cottage food operation. However for potable water a properly constructed on -site well is recommended. It is recommended the well water should be tested, at least annually, for coliform bacteria and nitrates. Water from wells with any of the following features should be avoided: • Very shallow depth (< 25 ft) • Producing cloudy water • Located in below - ground pit • Buried wellhead • Missing cap or seal • Opening around casing pipe • Located within 25 feet of any portion of a septic system • Dug well A list of water testing laboratories may be available from the regulatory agency. Local Health Depart- ments can provide consultation on drinking water quality and well construction. While the department will require no testing, it is recommended the water be tested annually. Are there any concerns related to my home on -site wastewater (septic) system? An approval or inspection of the onsite wastewater system is not required by the Health Department prior to the operation of a cottage food operation, however depending on the nature and volume of the food products which will be manufactured for sale, there can be adverse effects to the existing .mow system serving the home. For instance, adding significant bakery wastewater can not r only increase the total volume discharged but may also result in the increase in the organic strength of the wastewater discharged to the drain field, leading to the possibility of accelerated system failure. Since repairs to an onsite wastewater system in failure can be expensive, the adequacy of the home system to handle additional wastewater loading should be considered prior to initiating a cottage food business. 4 Statutes & Constitution :View Statutes : Online Sunshine Attachment "C" Online Official Internet Site of the Florida Legislature December 30, 2015 Search Statutes: zois ««h Interpreter Services for the Hearing Impaired Select Year: 2ois The 2015 Florida Statutes Title XXXIII Chapter 500 View Entire REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND FOOD Chapter SOLICITATIONS PRODUCTS 500.80 Cottage food operations.— (1)(a) A cottage food operation must comply with the applicable requirements of this chapter but is exempt from the permitting requirements of s. 500.12 if the cottage food operation complies with this section and has annual gross sales of cottage food products that do not exceed $15,000. (b) For purposes of this subsection, a cottage food operation's annual gross sales include all sales of cottage food products at any location, regardless of the types of products sold or the number of persons involved in the operation. A cottage food operation must provide the department, upon request, with written documentation to verify the operation's annual gross sales. (2) A cottage food operation may not sell or offer for sale cottage food products over the Internet, by mail order, or at wholesale. (3) A cottage food operation may only sell cottage food products which are prepackaged with a label affixed that contains the following information: (a) The name and address of the cottage food operation. (b) The name of the cottage food product. (c) The ingredients of the cottage food product, in descending order of predominance by weight. (d) The net weight or net volume of the cottage food product. (e) Allergen information as specified by federal labeling requirements. (f) If any nutritional claim is made, appropriate nutritional information as specified by federal labeling requirements. (g) The following statement printed in at least 10 -point type in a color that provides a clear contrast to the background of the label: "Made in a cottage food operation that is not subject to Florida's food safety regulations." (4) A cottage food operation may only sell cottage food products that it stores on the premises of the cottage food operation. (5) This section does not exempt a cottage food operation from any state or federal tax law, rule, regulation, or certificate that applies to all cottage food operations. (6) A cottage food operation must comply with all applicable county and municipal laws and ordinances regulating the preparation, processing, storage, and sale of cottage food products by a cottage food operation or from a person's residence. (7)(a) The department may investigate any complaint which alleges that a cottage food operation has violated an applicable provision of this chapter or rule adopted under this chapter. (b) Only upon receipt of a complaint, the department's authorized officer or employee may enter and inspect the premises of a cottage food operation to determine compliance with this chapter and http: / /www.leg.state.fl.us /... TES / index. cfm? App_mode= Display_Statute &Search String = &URL= 0500 - 0599 / 0500/ Sections / 0500 .80.html[12 /30/201511:13:02AM] Statutes & Constitution: View Statutes: Online Sunshine department rules, as applicable. A cottage food operation's refusal to permit the department's authorized officer or employee entry to the premises or to conduct the inspection is grounds for disciplinary action pursuant to s. 500.121. (8) This section does not apply to a person operating under a food permit issued pursuant to s. 500.12. History. —s. 21, ch. 2011-205. http: / /www.leg.state.fl.us /... TES / index .cfm ?App_mode= Display_Statute &Search String = &URL= 0500- 0599/ 0500/ Sections /0500.80.html[12/30/2015 11:13:02 AM]