Selling it

Who inspects you

Updated October 2026

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Why the burden is lighter Allergens are where the attention goes The wet products are the exception Describe the whole range Ask about the venue too Record who told you what Pest control, because of the sugar References

This is among the lightest inspection burdens in the library, and the reason is the same one that makes cottage food law cover it.

Why the burden is lighter

Shelf-stable, low water activity, no process control and no critical limits to document. There is no pasteurization record, no filed process and no pH to hold. Inspection focuses on premises, pest control, ingredient handling and labeling.

Allergens are where the attention goes

Because the category genuinely carries them and because consumers rely on the labels. Expect questions about how you prevent cross-contact between nut and non-nut products, and have a written changeover procedure rather than an intention.

The wet products are the exception

A dairy caramel sauce, a filled chocolate with a fresh center, or anything refrigerated moves the conversation toward the questions the dairy and acidified crafts face. Describe those products specifically rather than letting them travel under the heading of candy.

Describe the whole range

What you make, what is in it, what shares equipment, whether anything needs refrigeration, and where it will be sold. The products with dairy or fruit are the ones that change answers, and they are the ones makers tend to mention last.

Ask about the venue too

A market stall, a gift shop, a retail shelf and holiday mail order can sit differently. Confectionery is mail-ordered heavily at the end of the year, so that deserves its own question in advance of the season.

Record who told you what

Name, date, what you described and what they said. Guidance gets restated and staff change, and a specific conversation you can point at is a different position from a recollection.

Pest control, because of the sugar

Open sugar, nuts and chocolate in a store room are exactly what stored product pests want. A documented pest control program is the part of a dry goods inspection that attracts the most attention, and it is easy to be doing it informally with nothing written down.

References

Michigan State University Extension. Cottage food law: which preserved products are covered, under which confectionery is one of the products most often permitted. canr.msu.edu

21 CFR 101, Food Labeling, which carries the general requirements that apply where there is no standard of identity: the statement of identity, net quantity, ingredient list, allergen declaration and the name and place of business of the responsible party. law.cornell.edu

Written from federal regulation and the published physical chemistry of sugar and cocoa butter, not from a laboratory. The chocolate standards of identity are specific and the sugar confectionery names are not, which is the main thing to carry away. Anything here is a starting point for a conversation with your state department of agriculture, not a determination that you comply.