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What your state allows

Updated

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Federal regulation says what a jam is. Your state says whether you may sell the one you made. Those are independent questions and meeting the first does not answer the second.

The split

Six questions, and only two of them have an answer you can look up and rely on anywhere in the country. The other four are state law, which means the honest answer to most of what a new maker wants to know is a phone number rather than a fact. Knowing which column a question falls in saves reading federal regulation looking for something that was never going to be there.

QuestionAnswered by
What may this be calledFederal standard of identity
What must the label carryFederal labeling regulation, plus state disclosure
May I make it at homeState cottage food law
May I sell it wholesaleState, almost always no under an exemption
How much may I sellState, as an annual cap
Is my product acidifiedFederal regime, state enforcement

What varies most

Two things move between states and the rest is largely settled. Knowing which two lets you read another state’s guidance for the shape of the thing and then check only the parts that actually differ, rather than assuming none of it transfers.

The product list and the cap. States differ on which preserved products are in, and they differ on the ceiling. What is consistent across them is the reasoning: shelf-stable high-acid fruit products in, anything needing refrigeration out, anything low-acid out.

The four questions to ask

Four questions, and the fourth is the one that can move you out of cottage food entirely into a regime with a filed process behind it. Ask it plainly and describe the product honestly, including anything you add for flavor. Peppers, onion and garlic are the usual reason a fruit product stops being treated as a fruit product.

  1. Is this product on your permitted list, with these exact ingredients.
  2. What must my label say, and in what type size.
  3. What is the annual sales cap and what counts towards it.
  4. Does anything about this product make it acidified rather than a preserve.

Ask them before you buy anything, not before you sell anything. Jars, labels and a print run are all easier to specify once you know whether you are selling direct only, what the cap is, and what the label has to disclose. People usually ask in the other order and then find the answer changes something they have already paid for.

We cannot answer these for you and nor can any page on the internet. They are state law, they change, and the department that enforces them answers them for free.

References

Michigan State University Extension. Selling Safe Food: The Michigan Cottage Food Law (E3363), and related MSU Extension guidance on which preserved products the law covers. canr.msu.edu
21 CFR 150.160, Fruit preserves and jams. Code of Federal Regulations, Title 21. law.cornell.edu
21 CFR 114, Acidified foods. Code of Federal Regulations, Title 21.
Written from federal regulation and published extension guidance, not from a laboratory. A standard of identity is a federal floor and your state adds to it. Anything here is a starting point for a conversation with your state department of agriculture, not a determination that you comply.