The majority of the foods that can be produced in a home setting are covered within the food code, by a section of the definition of what a food establishment ‘is’ or ‘is not’. The section below provides the requirements to qualify for the exception to the definition of a food establishment that allows for production of foods in a home setting.
Where local codes allow, individual stands in which only foods meeting the following conditions are sold, sampled or served:
The seller is the individual actually producing the food or an immediate family member residing in the producer’s household with extensive knowledge about the food;
The seller only sells, samples or serves the food directly to the end consumer;
All processed packaged foods bear a label stating the name and address of the manufacturer/processor preparing the food, common name of the food, name of all the ingredients in the food in order of predominance, the net weight of the food in English or metric units, and a statement that the product is prepared in a kitchen that is not subject to inspection by the department. It is recommended that honey manufacturers/processors include this additional statement to their product label: “Honey is not recommended for infants less than twelve (12) months of age”; and
The consumer is informed by a clearly visible placard at the sales or service location that the food is prepared in a kitchen that is not subject to inspection by the department if the foods specified in Part 3. H. (I) of this definition, are sold, sampled or served in unpackaged, individual portions. The department shall have the final authority in determining whether a food is non-potentially hazardous and may enjoin individuals who violate the provisions of this subparagraph from selling, sampling or serving these foods.