New Jersey Cottage Laws
After being the ONLY state in the entire country with no cottage food laws, New Jersey finally legalized home food businesses in October 2021! Here's everything you need to know about this hard-won victory.
What Can You Make and Sell?
New Jersey allows non-TCS foods (foods that don't require time or temperature control for safety) – basically shelf-stable items that are safe at room temperature.
Approved Foods Include:
Baked Goods:
- Breads, rolls, biscuits, bagels
- Cakes, cupcakes, muffins
- Cookies, brownies, cake pops
- Pastries, donuts, scones
- Wedding cakes, tortillas, pizzelles
Sweet Treats:
- Fudge, chocolates, candy
- Chocolate-covered nuts
- Caramel corn, popcorn
- Granola, trail mix, cereal
Preserves & Condiments:
- Fruit jams, jellies, preserves
- Processed honey (not raw honey)
- Sweet sorghum syrup
- Vinegar, mustard
Other Items:
- Dried fruits, nuts, nut butters
- Dried herbs and seasonings
- Dried pasta, dry baking mixes
- Roasted coffee, dried tea
- Waffle cones
What You CAN'T Make:
- Any refrigerated items (cheesecakes, cream pies, etc.)
- Fresh-cut fruits or vegetables
- Meat, poultry, seafood products
- Dairy products
- Foods with alcohol or CBD
- Raw honey
- Hot sauces, barbecue sauce
- Anything requiring temperature control
Special note: You can apply to the health department to sell other non-TCS foods not on the approved list.
Where Can You Sell?
New Jersey allows several selling venues:
Direct Sales:
- From your home (pickup only – no on-site consumption)
- Customer's homes (delivery)
- Farmers markets
- Farm stands
- Temporary retail food establishments (events, fairs)
What you CAN'T do:
- Wholesale to restaurants or grocery stores
- Ship via mail or common carriers
- Sell on-site for immediate consumption at your home
Requirements to Get Started
1. Get Your Cottage Food Operator Permit
- Cost: $100 (valid for 2 years)
- Renewal: $100 every 2 years (must apply 45 days before expiration)
- Processing time: About 5 weeks
- No inspection required
2. Complete Food Protection Manager Training
This is required BEFORE you can get your permit.
- Must complete New Jersey accredited Food Protection Manager (CFPM) training
- Available online and in-person
- This is more extensive than basic food handler training
- Must pass an accredited exam
3. Check Local Requirements
- Verify local zoning allows home businesses
- Some municipalities may require additional permits
- Follow all local health laws
4. Annual Sales Limit
Maximum $50,000 per year in cottage food sales
Labeling Requirements
Every product must have a label (or tag for small items) with:
- Product name (common name)
- Your name and business name
- Your cottage food permit number
- Municipality where food was prepared + “New Jersey” or “NJ”
- Complete ingredient list in order by weight
- Allergen information (if applicable)
- Required statement: “This food is prepared pursuant to N.J.A.C. 8:24-11 in a home kitchen that has not been inspected by the Department of Health”
Display Requirements
When selling away from home (farmers markets, events), you must display:
- Your cottage food permit
- A sign with the required statement about uninspected kitchen
Getting Started: Your Action Plan
Step 1: Check Your Product Make sure what you want to sell is on the approved list or get pre-approval for other non-TCS foods.
Step 2: Complete Food Protection Manager Training This must be done first – you can't get your permit without it.
Step 3: Apply for Your Permit
- Download application from nj.gov/health/cottagefood/
- Submit application with $100 fee
- Wait about 5 weeks for approval
Step 4: Check Local Laws Contact your municipal government about zoning and any local permit requirements.
Step 5: Create Labels Design labels with all required information, including the mandatory statement.
Step 6: Start Small Begin with farmers markets or home sales to test your products and build a customer base.
The Money Side: $50,000 Annual Limit
Unlike some states with no sales limits, New Jersey caps cottage food sales at $50,000 per year. This is still substantial for a home-based business and allows room for growth.
Special Considerations
Water Testing
If you use well water, you may need to have it tested – check with the health department.
No Inspections Required
Unlike many states, New Jersey doesn't require home kitchen inspections for cottage food permits. However, local health departments retain the right to investigate complaints.
Pets and Children
While not explicitly prohibited, maintain sanitary conditions during food production.
The Heroes Behind the Victory
New Jersey Home Bakers Association: Led the grassroots campaign for over a decade, organizing home bakers and advocating for change.
Institute for Justice: Filed a constitutional lawsuit in 2017 that helped pressure the state to change its regulations.
Thousands of Home Bakers: Never gave up fighting for their right to earn an honest living from their home kitchens.
Success Tips for New Jersey
Start with the basics: Perfect simple items like cookies or breads before expanding your product line.
Build relationships: Network at farmers markets and local events – word of mouth is powerful.
Keep excellent records: Track your sales to stay under the $50,000 limit and for tax purposes.
Follow the rules precisely: New Jersey fought hard for these laws – protect them by operating legally.
Connect with other bakers: Join the New Jersey Home Bakers Association for support and community.
The Bottom Line
New Jersey's cottage food law represents an incredible victory for food freedom and entrepreneurship. After being the only state to completely ban home food sales, New Jersey now offers a solid foundation for cottage food businesses.
Perfect for: Dedicated home bakers willing to complete formal training and operate within specific guidelines.
Challenges: More formal training required than most states, and the $50,000 sales cap may limit growth.
The bigger picture: This law proves that persistent grassroots activism can overcome even the most entrenched opposition to food freedom.
A Message to New Jersey Bakers
You are part of history! New Jersey home bakers fought longer and harder than any other state to win the right to sell homemade food. Honor that legacy by:
- Operating safely and legally
- Building positive relationships with customers
- Supporting fellow home bakers
- Showing the world that cottage food businesses are safe, valuable, and worth protecting
The New Jersey Home Bakers Association and thousands of supporters spent over a decade fighting for your right to bake and sell from home. Make the most of this hard-won freedom!
Ready to start your New Jersey cottage food business? Visit nj.gov/health/cottagefood/ for permit applications and complete information. Connect with the New Jersey Home Bakers Association at njhomebakers.org for community support. Happy baking – you've earned it!
