What your state allows
Updated
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.
| Question | Answered by |
|---|---|
| What may this be called | Federal standard of identity |
| What must the label carry | Federal labeling regulation, plus state disclosure |
| May I make it at home | State cottage food law |
| May I sell it wholesale | State, almost always no under an exemption |
| How much may I sell | State, as an annual cap |
| Is my product acidified | Federal 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.
- Is this product on your permitted list, with these exact ingredients.
- What must my label say, and in what type size.
- What is the annual sales cap and what counts towards it.
- 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.