A5229

An Act concerning cottage food products and supplementing Title 26 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

"Cottage food product" means non-TCS food that a cottage food operator prepares and includes: baked goods, including bread, rolls, biscuits, cakes, cupcakes, pastries, and cookies; candy, including brittle and toffee; chocolate-covered nuts and dried fruit; dried fruit; dried herbs and seasonings, and mixtures thereof; dried pasta; dry baking mix; fruit jams, fruit jellies, and fruit preserves; fruit pies, fruit empanadas, and fruit tamales (excluding pumpkin); fudge; granola, cereal, and trail mix; honey and sweet sorghum syrup; nuts and nut mixtures; nut butters; popcorn and caramel corn; roasted coffee and dried tea; vinegar and mustard; waffle cones and pizzelles, and other non-TCS food.

"Cottage food operator" means a person who holds a New Jersey Cottage Food Operator Permit.

"TCS food" means a food that requires time or temperature control for safety to limit pathogenic microorganism growth or toxin formation.

2. The Department of Health shall:

a. approve or disapprove an application in writing for a Cottage Food Operator Permit no later than 21 business days following the submission of the application for a Cottage Food Operator Permit, transmit license renewal notices within 60 days prior to the expiration of a license, and not add any additional prohibitions or requirements for license renewal that are not specifically contained in statutory law;

b. establish the submission of supplemental applications by licensed individuals seeking to obtain a Cottage Food Operator Permit and allow for updates and additions to the applications within 60 days of submission;

c. design and distribute the application for a Cottage Food Operator Permit in the five most commonly spoken languages and dialects in this State within 60 days following the effective date of this act;

d. simplify the application for a Cottage Food Operator Permit so that licensed operators are not required to make redundant submissions upon renewal;

e. establish, develop, and publish on its Internet website accepted standardized reference materials, which reference materials are readily available and from recognized sources, for consistent oversight regarding safety protocols for cottage food products, including which foods are subject to time and temperature control for safety to eliminate the cost of testing; and

f. establish, develop, and distribute to each municipal and county health department in this State a copy containing a detailed explanation of State laws and regulations pertaining to cottage food products, as regulated, and hold annual educational workshops for municipal and county health departments in order to create consistent application of laws on cottage food operators at the local, county, and State levels.

3. The Department of Health shall develop an annual education module for local zoning officers on the laws pertaining to cottage food products and operations.

4. A cottage food operator shall not be permitted to receive an annual income from the sale of cottage food products that is greater than $100,000.

5. Notwithstanding the provision of any law to the contrary, all recipes for cottage food products shall be exempt from disclosure under the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.), commonly known as the open public records act.

6. This act shall take effect 30 days following the date of enactment.

STATEMENT

This bill establishes statutory requirements regarding the application process for cottage food operators.

Under the bill, the Department of Health is to: 1) approve or disapprove an application in writing for a Cottage Food Operator Permit no later than 21 business days following the submission of the application for a Cottage Food Operator Permit, transmit license renewal notices within 60 days prior to the expiration of a license, and not add any additional prohibitions or requirements for license renewal that are not specifically contained in statutory law; 2) establish the submission of supplemental applications by licensed individuals seeking to obtain a Cottage Food Operator Permit and allow for updates and additions to the applications within 60 days of submission; 3) design and distribute the application for a Cottage Food Operator Permit in the five most commonly spoken languages and dialects in this State within 60 days following the effective date of this act; 4) simplify the application for a Cottage Food Operator Permit so that licensed operators are not required to make redundant submissions upon renewal; 5) establish, develop, and publish on its Internet website accepted standardized reference materials, which reference materials are readily available and from recognized sources, for consistent oversight regarding safety protocols for cottage food products, including which foods are subject to time and temperature control for safety to eliminate the cost of testing; and 6) establish, develop, and distribute to each municipal and county health department in this State a copy containing a detailed explanation of State laws and regulations pertaining to cottage food products, as regulated, and hold annual educational workshops for municipal and county health departments in order to create consistent application of laws on cottage food operators at the local, county, and State levels.

The bill provides that the Department of Health is to develop an annual education module for local zoning officers on the laws pertaining to cottage food products and operations. A cottage food operator is not to be permitted to receive an annual income from the sale of cottage food products that is greater than $100,000. All recipes for cottage food products are to be exempt from disclosure under the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.), commonly known as the open public records act.

The term “cottage food products” includes foods such as: baked goods, including bread, rolls, biscuits, cakes, cupcakes, pastries, and cookies; candy, including brittle and toffee; chocolate-covered nuts and dried fruit; dried fruit; dried herbs and seasonings, and mixtures thereof; dried pasta; dry baking mix; fruit jams, fruit jellies, and fruit preserves; fruit pies, fruit empanadas, and fruit tamales (excluding pumpkin); fudge; granola, cereal, and trail mix; honey and sweet sorghum syrup; nuts and nut mixtures; nut butters; popcorn and caramel corn; roasted coffee and dried tea; vinegar and mustard; waffle cones and pizzelles.