Is it legal to sell home baked goods in NJ?
No, in the state of New Jersey it is illegal to sell foods prepared in a home kitchen. Some counties allow exceptions for fund-raising bake sales. To be able to sell legally, you must prepare the food in a routinely commercial kitchen, and depending on the county have some additional licenses.
Has the NJ Home Bakers’ Bill passed?
No, the bill has not been signed into a law.
But I read in an article that it passed.
You probably read this article titled “NJ Assembly approves bill to allow home bakers to sell to public”; while it had passed Assembly unanimously for the second time when the article was written ( and Last December our bill has passed unanimously for THIRD TIME ). There are a few steps that need to happen before a Bill becomes a law. (You can see all of them here!)
Sadly, our bill is on hold until it is set for a hearing or a vote on the Senate.
Where can I see the NJ Home Bakers’ Bill?
How long will it take for the NJ Home Bakers’ Bill take to become a Law?
This Bill was first introduced in 2009, it has died in committee a number of times and has always been reintroduced. This current legislative session is 2016-2017, so our current Bills have until the end for this session to have their hearings and be presented to vote.
We are working very hard for this to be the session it gets voted on! (In short, we can’t really tell how long it’ll take!)
How does a Bill become a law?
The New Jersey Legislative website has a great page explaining the process, check it out here.
By allowing the sale of home baked good won’t this take away business away from traditional bakeries?
No, our businesses will be limited by the revenue cap and by the nature of our business model, so there will still be demand for traditional bakeries. We can only fill so many orders from our home kitchens. It’s not the government’s place to restrict competition and that’s what this ban does.
What does the NJ Home Bakers’ Bill allow us to legally sell?
Baked Goods such as bread, rolls, cakes, pies, pastries, candies, and cookies. The bill defines “baked goods” as ready-to-eat baked food prepared in a private kitchen that does not require further cooking or refrigeration for food safety and is not a “potentially hazardous food”.
What are “Potentially Non Hazardous” Goods?
The Texas Cottage Food Law website has the best explanation:
Non-potentially hazardous foods are foods with a low water activity and low pH level that inhibit the growth of dangerous micro organisms. Basically it means non-perishable foods; foods that you would not normally keep in the refrigerator. Foods that are perishable, such as cheesecakes, or custard fillings, or meringue pies, are not covered in the law. To sell foods that require refrigeration, you must contact your local Health Department and find out how to comply with their requirements. You would not be able to sell those foods from home.