New Jersey Cottage Food Laws

Comprehensive Guide to New Jersey Cottage Food Laws

This guide provides an in‑depth overview of New Jersey’s cottage food laws as of early 2026, summarizing requirements for sales limits, permits, allowed and prohibited foods, labeling, sales venues, and practical steps to start a home‑based food business under the New Jersey Cottage Food Operator Program.

Quick Facts

1. Overview / Introduction

New Jersey’s Cottage Food Operator (CFO) Permit program, effective October 4, 2021, allows home‑based operators to produce and sell certain non‑time/temperature‑controlled (non‑TCS) foods directly to consumers from their home kitchen, subject to state and local requirements (nj.gov). This initiative was introduced to balance entrepreneurial opportunity with food safety safeguards (nj.gov).

2. Sales Limits

• The gross annual sales cap is $50,000 (before expenses and taxes) (nj.gov). • If your annual sales exceed this threshold, you must transition to a retail food establishment model.

3. Licensing & Registration

To operate legally, you must obtain a Cottage Food Operator Permit by submitting:

• The completed application form (CFO‑1) and product questionnaire for each product, filling, and frosting (nj.gov).
• $100 non‑refundable application fee payable at application, and another $100 if renewing after two years (nj.gov).
• Proof of water potability (city water bill or well lab test results) (nj.gov).
• A Food Protection Manager Certificate from a recognized NJ‑accredited organization (not just a food handler card) (nj.gov).
• Local zoning approval, confirming your municipality allows home‑based food businesses (nj.gov).

The permit is valid for two years, and renewal requires a full re‑application (including fee and documents) submitted no later than 45 days before expiration (nj.gov).

4. Training Requirements

You must obtain Food Protection Manager Certification, appropriate for individuals managing their own food business—Food Handler Certification is not sufficient (nj.gov). The NJ Department of Health does not offer the training directly; you must certify through an accredited provider (e.g., ServSafe, 360 Training, National Restaurant Association, etc.) (nj.gov).

5. Home Kitchen Inspection

No routine inspection of your home kitchen is required under the CFO program (nj.gov). However, health authorities retain the right to inspect if there is cause, such as evidence of TCS food production, contamination, illness complaints, or labeling/misbranding issues (nj.gov).

6. Allowed Foods

Permissible non‑TCS cottage food products include:

• Baked goods (e.g., bread, rolls, cakes, cookies, brownies, muffins, macarons, doughnuts, scones, cake pops) (nj.gov).
• Candy (brittle, toffee, bark, caramels, marshmallows, etc.) (nj.gov).
• Chocolate‑covered nuts and dried fruit, dried fruit, dried herbs and seasonings (purchased), dried pasta (no egg), dry baking mixes, fruit jams/jellies/preserves, fruit pies (non‑pumpkin), fudge, granola/cereal/trail mix, processed honey or sweet sorghum syrup, nuts/nut mixtures, nut butters, popcorn/carame… and roasted coffee & dried tea, vinegars & mustard, waffle cones & pizzelles (nj.gov).
• The FAQ notes that upon written application, other non‑TCS foods may be considered for approval (nj.gov).

7. Prohibited Foods

Foods that are not allowed include:

• Ingredients prone to spoilage like cream, custard, cheese, meat, fish, fresh/cooked vegetables, fresh fruit, pumpkin, yams, tofu, CBD, alcohol, home‑grown or foraged ingredients (nj.gov). • Frostings and fillings with cream cheese, meringue, whipped cream, buttercream, ganache, etc. (nj.gov). • Any Time/Temperature Control for Safety (TCS) foods, which require refrigeration or special handling (nj.gov). • Specific disallowed items such as cheesecake, custard‑filled pastries, freeze‑dried fruit, chocolate‑covered fresh fruit, and many others as outlined in the approved list with “does NOT include” categories (nj.gov).

8. Labeling Requirements

Labels must include:

1. Common product name;
2. Ingredients list, in descending order by weight;
3. If any, “Contains:” followed by major allergens;
4. Operator’s name, business name, and CFO permit number;
5. Municipality and “NJ” (e.g., "Bakersfield, NJ") as on record (nj.gov);
6. The required disclaimer: “This food is prepared pursuant to N.J.A.C. 8:24‑11 in a home kitchen that has not been inspected by the Department of Health.” (nj.gov).

For farmers markets or similar, if selling individually (e.g., cupcakes), you may use a tag with the full label info and must also display your permit and the disclaimer placard at the point of sale (nj.gov).

9. Where You Can Sell

Permissible sales venues include:

• At your home, directly to consumers (not for onsite consumption) (nj.gov);
• To consumers at their home, if also in New Jersey (nj.gov);
• At New Jersey farmers’ markets, farm stands, or temporary retail food establishments, with any local permits required (nj.gov).

Not permitted under the CFO permit:

• Shipping or mailing via USPS or common carriers, including interstate delivery (nj.gov);
• Sales to retail stores or wholesale establishments (nj.gov).

You may use internet or phone communications to take orders or market, but final delivery must comply with permitted venues and occur within New Jersey (nj.gov).

10. Sales Tax

According to the NJDOH FAQ, baked goods are not subject to sales tax in New Jersey. While tax compliance is not required for the CFO permit itself, operators still must comply with overall tax obligations and should confirm with the NJ Division of Revenue (nj.gov).

11. Special Exemptions

• Charitable bake sales remain exempt from inspection and CFO requirements if the goods do not require refrigeration and the required signage is posted (nj.gov).
• If your product isn’t on the approved list and you believe it is non‑TCS, you can:
  • Purchase a shelf‑life analysis from an NJ food testing lab or
  • Submit the product details to NJDOH for review (no guaranteed timeframe) (nj.gov).
• Ingredients must be sourced from inspected/licensed facilities; home‑grown or foraged ingredients are prohibited (nj.gov).

12. Getting Started (Practical Steps)

1. Check local zoning to ensure home businesses are permitted (nj.gov).
2. Select products from the approved list, or plan to submit for review if unlisted (nj.gov).
3. Obtain Food Protection Manager Certification through an accredited provider (nj.gov).
4. Gather proof of potable water: recent bill or well test within 60 days (nj.gov).
5. Complete and bundle the application:
   • CFO‑1 form
   • Product Questionnaire(s)
   • Water proof
   • Certification
   • Payment confirmation number for $100 fee (nj.gov).
6. Submit via email to cfo@doh.nj.gov; expect 12–16 weeks processing time (nj.gov).
7. Prepare labels that fully comply, and plan for point‑of‑sale signage as specified (nj.gov).
8. Once approved, track your sales to ensure they stay under $50,000 annually, or plan for transition to retail licensing.

13. Official Resources

• New Jersey Department of Health – Cottage Food Operator main page: details permit, application steps, FAQs (nj.gov)
• Rules and resources including full rule text (N.J.A.C. 8:24‑11) (nj.gov)
• Approved food products list (nj.gov)
• Prohibited ingredients/products list (nj.gov)
• Water potability requirements (nj.gov)
• FAQ with instructions and clarifications (nj.gov)
• Application/renewal instructions (nj.gov)

Official Sources

This guide was compiled from the following official sources:

• www.nj.gov
• www.nj.gov
• www.nj.gov
• www.nj.gov
• www.nj.gov
• www.nj.gov
• www.nj.gov
• www.nj.gov
• www.nj.gov

Important Notes

⚠️ Always verify current local zoning rules before proceeding; municipal ordinances vary.

⚠️ Time taken for product review or permit issuance can be up to 16 weeks—plan ahead.

⚠️ Gross sales over $50,000 require transitioning to a retail food model.