OAR 603-025-0320: Cottage Food Establishment Exemption

(1) A Cottage Food Establishment must: (a) Operate from a domestic kitchen; (b) Prepare foods for public distribution that are not time/temperature controlled for safety, and do not contain marijuana or marijuana items; (c) The foods prepared for public distribution are only: (A) Baked goods; (B) Confectionary items, including freeze dried confectionary items; (C) Coffee beans; (D) Dried tea, spice, or seasoning blends from commercial food; (E) Popcorn; (F) Jams and jellies made only with fruit that has a natural pH that is less than 4.60; (G) Honey or honey products using commercial food; (H) Syrups; (I) Fruit butters made only with fruit that has a natural pH that is less than 4.60; (J) Nut mixes; (K) Repackaged freeze-dried foods from commercial food; (L) Repackaged dried and dehydrated foods from commercial food; or (M) Powdered drink mixes from commercial food; (d) The domestic kitchen is maintained in a clean, healthful, and sanitary condition, by maintaining or complying with all the following: (A) Separate closed storage space for ingredients, finished product containers, and labels used in the manufacture of cottage food(s); (B) Separate refrigerated storage of perishable ingredients utilized in the processing, preparing, or handling of cottage food(s); (C) A separate storage area for household cleaning materials and other chemicals or toxic substances; (D) Medical supplies or equipment shall not be stored or allowed in the domestic kitchen; (E) No processing, preparing, packaging, or handling of cottage foods shall be carried on in a domestic kitchen while pets are present or while other domestic activities are being carried on in such domestic kitchen, including, but not limited to; (i) Family meal preparation, serving, dishwashing, or eating; (ii) Clothes washing or ironing; (iii) Cleaning of floors, walls, cabinets, or appliances; or (iv) Entertaining guests. (e) The annual gross sales of cottage foods do not exceed $52,700; and (f) Each employee of the cottage food establishment has successfully completed a food handler training program and holds a certificate issued pursuant to ORS 624.570 and OAR chapter 333 division 175. (2) The Department may require that an operator have a food item prepared in a cottage food establishment assessed or tested to ensure that it is not a time/temperature controlled for safety food. If an assessment or test is ordered, the operator shall ensure: (a) That the assessment is done by a recognized Process Authority and be supported with a written document provided by the operator to the Department upon request; or (b) That testing is conducted at a certified food testing laboratory; and (c) Test results for water activity and pH are required for each recipe with results demonstrating: (A) pH level of 4.60 or less; or (B) Water Activity (Aw) of 0.850 or less. (3) Cottage foods may not be sold to an institution, including, but not limited to, a: (a) Restaurant, which means any place licensed as a restaurant under ORS chapter 624 but does not include any place licensed under ORS chapter 616; (b) Caterer; (c) School; (d) Day care center; (e) Hospital; (f) Nursing home; or (g) Correctional facility. (4) Cottage foods may be sold to a retailer only if: (a) The food is packaged as defined in OAR 603-025-0315(10) and labeled as required by OAR 603-025-0325; (b) The retailer agrees to; (A) Store and display the cottage foods separately from other foods; and (B) Use signage to clearly indicate in the display area that the cottage foods are homemade and not prepared in an inspected food establishment. This signage must be in addition to the statement on the cottage food label; and (c) The cottage food establishment; (A) Maintains a record of the agreement of the retailer to comply with this section; and (B) Maintains records as described in OAR 603-025-0328.