Maine Cottage Food Laws

Maine cottage food laws have been around since 1980 and allow for the in-home production and the sales of many popular food items as long as those items are non-potentially hazardous and don’t require refrigeration.

Maine calls a cottage food operation a “home food processor”.

HOW TO START YOUR COTTAGE FOOD BUSINESS IN MAINE – LICENSING

To start your cottage food business, simply follow the steps below.

HOME FOOD OPERATIONS REQUIREMENTS

• License Required
• No food safety training certificate required
• No limit on annual sales
• Food sold face to face, online, markets and more
• Food limited to non TCS (Temperature Control for Safety) only – this is standard across the country as all cottage food operations are limited to non-potentially hazardous / TCS foods.
• Although not mandated for face to face sales – food labels are suggested
• Testing on some products to confirm pH level
• Inspection
• Testing water quality and sewer capacity if not on municipal system

STEPS TO START

Always contact your local city / county office and verify if a business license is required prior to starting. This is simply done by calling the main number to your city and letting them know you are starting a cottage food business and ask if you need a business license.

1. Pick foods to offer from the “allowed” food types listed below.
2. Get a Maine Home Food Processor License
3. Get a home food inspection – Contact Maine’s Inspection Office Here
4. Acidity / pH testing foods not already accepted. See Acidity Testing below. If you need testing for a sauce, jam or certain pickled items, contact testing office here.
5. If you are on a private or locally shared well for your water source, you’ll be required to have it tested. To have your water tested and learn how – click here.
6. If you are not on public sewer, you’ll need to contact your local county health department to have your sewer tested.
7. Maine requires an additional license: mobile food vendor license – if you plan on selling your homemade foods at a farmers market. Maine Mobile Food Vendor License

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MAINE COTTAGE FOOD LAWS – Foods That Are Allowed

The following are examples of products allowed to be made from your home. Breads and pastries with custard or fillings like icings and frostings may not be allowed if they require refrigeration and are not shelf stable. Note: some frostings and fillings are shelf stable. Canned and pickled items may require testing. (see testing below)

BREAD

• Bagels
• Biscuits
• Breads
• Brownies
• Cakes
• Cookies
• Doughnuts
• Muffins
• Pizzelles
• Rolls
• Scones
• Sweet breads
• Tortillas

Candy

• Baked candy
• Brittles
• Chocolate
• Cotton candy
• Fudge

Condiments

• Honey
• Ketchup
• Mustard
• Nut butters
• Oils
• Pickles
• Salsas
• Sauces
• Vinegars

Dry goods

• Cereals
• Coffee beans
• Dried fruit
• Dried vegetables
• Herbs
• Mixes
• Pasta noodles
• Spices & Seasonings
• Tea leaves

Pastries

• Cones
• Empanadas
• Other Pastries
• Pies

Snacks

• Caramel corn
• Chocolate-covered items
• Crackers & Pretzels
• Fruit leathers
• Granola
• Kettle corn
• Marshmallows
• Nuts & seeds
• Popcorn
• Popcorn balls

Preserves

• Fruit butters
• Jams & jellies
• Marmalades

If your food item is in question and not listed above, you can reach out and see if your food would be considered non-TCS / non-potentially hazardous:

Beth Calder

Associate Professor of Food Science &
Cooperative Extension Food Science Specialist

Degree: Ph.D. 2003, University of Maine
Phone: 207.581.2791
Email:  [email protected]
Location: 349 Hitchner Hall

MAINE’S WEBSITE FOR FOOD TESTING

Real Life Cottage Food Entrepreneurs and Opportunities

• Cakes – teacher turns kitchen into bakery
• Doughnuts – cottage mini donut vendor
• Fruit jams and jellies – See Additional Requirements Here
• Kettle corn – real kettle corn vendors from home
• Popcorn (plain and flavored) – see a real home vendor here
• Talk and Join hundreds of others here: VendorsUnited.com

MAINE COTTAGE FOOD LAWS – PROHIBITED FOODS

• Raw dough
• Oven ready meals
• Low Acid canned foods
• Dried or canned meats

NOTE: Although eggs, milk and dairy products are not allowed, used as ingredients for the allowed foods – is acceptable. Many prohibited foods that are baked or cooked into the allowed foods are rendered harmless (non-TCS) and therefore allowed.

MAINE ANNUAL SALES LIMITS

Maine does not cap or limit your sales.

Colorado created a brochure on going beyond cottage food once you’ve outgrown or hit your maximum allowed income. I have provided it here for a resource as you grow your business and wish to expand.

ACIDITY LEVELS AND TESTING

Most states determine if a food is non-potentially hazardous by the acidity level found in the food. The higher the acidity, the more stable at a range of temps, that food product is. For example: milk is low acidity and requires temperature controls.

The acidity of foods is measured by pH.

• The range of pH is commonly considered to extend from zero to 14. A pH value of 7 is neutral because pure water has a pH value of exactly 7. Values less than 7 are considered acidic, while those greater than 7 are considered basic or alkaline.

• All fruits are acidic foods and are usually tart and sour. Ex: tomato, lemon, peach, apple, etc.

• The FDA rule for acidic foods states that a food must have a pH below 4.6 to be sold as a minimally processed food.

• The reason for this is bacteria does not grow at this level of acidity.

• The exclusion shall not be construed as allowing the sale of low acid foods (pH > 4.6) in
hermetically sealed containers (i.e. home-canned green beans, peas, etc.) when such
food is not prepared in a permitted establishment.

TESTING

Some states require testing if the pH level is unknown. For many food products, the pH level is already known. You can test for pH yourself using a pH spear tester. (make sure it is made for food and has a long spear tip) – Oklahoma State University shares an awesome guide for selecting the correct tester for foods and liquids which includes tips and tricks for operation and maintenance. Get The Guide Here.

Maine’s Official Site For Food Testing – Cottage foods

MAINE COTTAGE FOOD LAWS LABELING REQUIREMENTS

MAINE cottage food laws DO NOT require labeling on products made under the HOME FOOD PROCESSOR – IF those foods are sold directly from your home. However, cottage food operators will benefit from the advertising this does for them and it shows your customer you care. I would never send out anything without a label.

• Producer’s name and address
• Common or usual name of food product
• Ingredients of food product
• Net weight and volume or numerical count
• Date food product was processed

Below is an example of what another state requires on their labels. Using VistaPrint.com or similar – you can quickly create professional labels that not only serve to meet the state cottage food guidelines but also serve for marketing your awesome business and products. You’ll find some fantastic examples of this from members inside VendorsUnited.com

ALLERGENS ON LABELING

The FDA lists eight (8) major food allergens. Listing any of these on your label is a smart business practice and will certainly help your customers choose a product.

• Milk.
• Eggs.
• Fish (e.g., bass, flounder, cod)
• Crustacean shellfish (e.g., crab, lobster, shrimp)
• Tree nuts (e.g., almonds, walnuts, pecans)
• Peanuts.
• Wheat.
• Soybeans

Simply add to your label: “NOTICE: SOYBEANS USED IN THIS RECIPE” Some go as far to announce that a certain allergen is used in the same kitchen. Some states require you list any potential allergens and potential for any cross contamination even if the allergen is not used in the recipe.

FDA Allergen Labeling Example: Contains Wheat, Milk, Egg, and Soy

WHERE CAN I SELL MY COTTAGE FOOD PRODUCTS

Maine Cottage Food Laws – Sales Rules

You may sell your cottage food products several ways. Maine, unlike many states allows wholesale as well.

Events
Farmers markets
Home
Online – Social Media is an excellent method. Discover how our VU members do this.
Restaurants
Retail stores
Roadside stands
Delivery
Mail order
Pickup
Wholesale

Inside kitchenincome.com you can find out how many cottage food entrepreneurs are getting sales faster than they can make the food.

FOOD HANDLER TRAINING AND BEST PRACTICES

MAINE cottage food laws – does NOT require you take a food safety and handling course. However, knowing the safe handling practices will protect you and your customers. There are many short courses you can take online and actually get certified and be able to share that with your customers.

Many of our VendorsUnited.com members our proud to display their food safety certificates as a way to insure their customers that they care. This helps your business.

• Short courses that provide food handling and safety certification
• Free info from the FDA – food safety

SAFE PRACTICES

Much of this may seem like common sense, but even if you already know, it’s a good idea to remind yourself with a list of things that can prevent you from missing something small. And if for no other reason… CYA! CYA = Cover Your A#%

CLEAN WORK AREA / WORK SPACE / SANITIZATION

Providing safe to eat foods from your kitchen – starts in your kitchen. Keep your area clean and sanitized to avoid cross contamination and to insure you provide your customers and clients with the safest and best foods they can get.

The following are some “common” sense things you can do to insure the best environment for preparing foods to sell:

• ​Keep all equipment and surface areas clean and sanitized
• Make sure window and door screens are bug proof with no gaps
• Keep ingredients separate to prevent cross contamination / e.g. raw eggs near flour
• No pets in work area and preferably none in the home
• Allow no-one with a cold, sniffles or sick in kitchen while preparing foods
• Wipe down walls and clean floors daily
• Use good lighting to avoid missing unclean areas
• Keep window and door screens in good repair to keep insects out
• Wash hands frequently while working and use food grade gloves for extra safety
• Keep areas of food storage and equipment storage clean and sanitized

RECORD KEEPING

Why keep these types of records?
Let’s say the inspector calls you and says they got a report that your banana bread, someone purchased, made them sick. You’ll be able to show that you didn’t even make banana bread that week and that the person who reported you, bought that 4 weeks ago and you weren’t even the one that sold it to him.

This does not need to be complicated. I love my yellow legal pads and they make an inexpensive tool for keeping up with the following:

• The recipes you use including ingredients
• The process you use to prepare that specific recipe: (can be just like recipe instructions)
• Date made (can be coded for your own use only if your state doesn’t require the production date) e.g. Made 12.22.29 = 292212
• Date sold (you can have a batch code to help track a certain batch) Simply write down date you sold an item
• Location sold is another great piece of information to keep track of
• Sales receipts are something great to keep for a couple of reasons and over at KitchenIncome.com I dive into the best practices, best systems and best methods for tracking, managing, selling and shipping.

COTTAGE FOOD lIABILITY INSURANCE

We live in a society that likes to sue. I can sue you for wearing that color shirt. No kidding! Of course I probably won’t win, but at the very least, it’s gonna cause you stress and some costs.

Liability insurance is a MUST. It can be expensive – but several years ago, I found FLIP and by far, they gave me the most protection (coverage) and allow you to run your cottage food business without fear of being sued.

WHY? Because they provide the lawyers. And their lawyers… they are good! Of course you should price shop around with your local agent or a national brand company, but rest assured, I’ve done all the legwork for you.

Alternatively, some folks opt to get bonded. You’ve heard the saying before: “licensed and bonded”. A bond is usually provided from an insurance bonding company or your own insurance company. My first time, I got a bond at State Farm.

A bond is expensive comparatively but is less out of pocket in the beginning. Of course, it’s way, way less insurance / coverage too. A $10,000 bond may cost $50 annually while a $2,000,000.00 liability policy may cost a few hundred a year.

No matter what you decide… knowing you’re insured against frivolous lawsuits is worth every penny.

MAINE COTTAGE FOOD LAWS IMPORTANT LINKS

• Maine Cottage Food Laws & Codes – Download
• Maine Application For Home Food Processor License
• Maine Info On Licensing For A Home Food Processor
• Consumer Food Inspection – pH Testing Lab
• Maine Well Water Testing
• How To Start A Specialty Food Business In Maine

MAINE COTTAGE FOOD CONTACT INFO

Maine Dept of Agriculture, Conservation & Forestry
Division of Quality Assurance and Regulations
28 State House Station
Augusta, Maine 04333-0028
Phone: 207-287-3841    Fax: 207-287-5576

BETH CALDER – PHD
Phone: 207.581.2791
Email:  [email protected]
Location: 349 Hitchner Hall

JASON BOLTON
[email protected]
207.581.1366

UPDATES TO MAINE COTTAGE FOOD LAWS

From time to time, links, info, rules and numbers change, are updated or made obsolete. Although I spend time daily with hundreds of vendors (many of which are cottage food businesses) – I can miss an update.

If you find a broken link, outdated information or any other issue… please let me know and I’ll send you a special gift for helping me maintain the best site on the internet for the cottage food industry. My goal has always been to have a central place that is absolutely free those starting out or existing entrepreneurs who use their homes and kitchens to make real incomes.

Please send to [email protected] / or post inside the private VendorsUnited.com group.

Need more resources? Check it out HERE (Helpful Resources)

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Disclaimer

This information is provided to help those interested in starting a cottage food business. It is not a document made by the state government. This information is not provided as law nor should be construed as law. Always use the contact information for each state to confirm compliance and any changes.

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