Establishes statutory requirements regarding application process for cottage food operators.

A5229

ASSEMBLY, No. 5229

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED JUNE 8, 2026

Sponsored by:

Assemblyman� ALEX SAUICKIE

District 12 (Burlington, Middlesex, Monmouth and Ocean)

Co-Sponsored by:

Assemblywoman Fantasia

SYNOPSIS

���� Establishes statutory requirements regarding
application process for cottage food operators.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning cottage food products and
supplementing Title 26 of the Revised Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.� As used in this act:

���� "Cottage food
product" means non-TCS food that a cottage food operator prepares and
includes:� baked goods, including bread, rolls, biscuits, cakes, cupcakes,
pastries, and cookies; candy, including brittle and toffee; chocolate-covered
nuts and dried fruit; dried fruit; dried herbs and seasonings, and mixtures
thereof; dried pasta; dry baking mix; fruit jams, fruit jellies, and fruit
preserves; fruit pies, fruit empanadas, and fruit tamales (excluding pumpkin);
fudge; granola, cereal, and trail mix; honey and sweet sorghum syrup; nuts and
nut mixtures; nut butters; popcorn and caramel corn; roasted coffee and dried
tea; vinegar and mustard; waffle cones and pizzelles, and other non-TCS food.

���� "Cottage food
operator" means a person who holds a New Jersey Cottage Food Operator
Permit.

���� "TCS food" means a
food that requires time or temperature control for safety to limit pathogenic
microorganism growth or toxin formation.

���� 2.� The Department of Health
shall:

���� a.���� approve or disapprove
an application in writing for a Cottage Food Operator Permit no later than 21
business days following the submission of the application for a Cottage Food
Operator Permit, transmit license renewal notices within 60 days prior to the
expiration of a license, and not add any additional prohibitions or
requirements for license renewal that are not specifically contained in
statutory law;

���� b.��� establish the submission
of supplemental applications by licensed individuals seeking to obtain a
Cottage Food Operator Permit and allow for updates and additions to the
applications within 60 days of submission;

���� c.���� design and distribute
the application for a Cottage Food Operator Permit in the five most commonly
spoken languages and dialects in this State within 60 days following the
effective date of this act;

���� d.��� simplify the application
for a Cottage Food Operator Permit so that licensed operators are not required
to make redundant submissions upon renewal;

���� e.���� establish, develop, and
publish on its Internet website accepted standardized reference materials,
which reference materials are readily available and from recognized sources,
for consistent oversight regarding safety protocols for cottage food products,
including which foods are subject to time and temperature control for safety to
eliminate the cost of testing; and

���� f.���� establish, develop, and
distribute to each municipal and county health department in this State a copy
containing a detailed explanation of State laws and regulations pertaining to
cottage food products, as regulated, and hold annual educational workshops for
municipal and county health departments in order to create consistent
application of laws on cottage food operators at the local, county, and State
levels.

���� 3. The Department of Health
shall develop an annual education module for local zoning officers on the laws
pertaining to cottage food products and operations.

���� 4. A cottage food operator
shall not be permitted to receive an annual income from the sale of cottage
food products that is greater than $100,000.

���� 5. Notwithstanding the
provision of any law to the contrary, all recipes for cottage food products shall
be exempt from disclosure under the provisions of P.L.1963, c.73 (C.47:1A-1 et
seq.), commonly known as the open public records act.

���� 6.��� This act shall take
effect 30 days following the date of enactment.

STATEMENT

���� This bill establishes
statutory requirements regarding the application process for cottage food
operators.

���� Under the bill, the Department
of Health is to:� 1) approve or disapprove an application in writing for a
Cottage Food Operator Permit no later than 21 business days following the
submission of the application for a Cottage Food Operator Permit, transmit
license renewal notices within 60 days prior to the expiration of a license,
and not add any additional prohibitions or requirements for license renewal
that are not specifically contained in statutory law; 2) establish the
submission of supplemental applications by licensed individuals seeking to
obtain a Cottage Food Operator Permit and allow for updates and additions to
the applications within 60 days of submission; 3) design and distribute the
application for a Cottage Food Operator Permit in the five most commonly spoken
languages and dialects in this State within 60 days following the effective
date of this act; 4) simplify the application for a Cottage Food Operator
Permit so that licensed operators are not required to make redundant
submissions upon renewal; 5) establish, develop, and publish on its Internet
website accepted standardized reference materials, which reference materials
are readily available and from recognized sources, for consistent oversight
regarding safety protocols for cottage food products, including which foods are
subject to time and temperature control for safety to eliminate the cost of
testing; and 6) establish, develop, and distribute to each municipal and county
health department in this State a copy containing a detailed explanation of
State laws and regulations pertaining to cottage food products, as regulated,
and hold annual educational workshops for municipal and county health
departments in order to create consistent application of laws on cottage food
operators at the local, county, and State levels.

���� The bill provides that the
Department of Health is to develop an annual education module for local zoning
officers on the laws pertaining to cottage food products and operations.� A
cottage food operator is not to be permitted to receive an annual income from
the sale of cottage food products that is greater than $100,000.� All recipes
for cottage food products are to be exempt from disclosure under the provisions
of P.L.1963, c.73 (C.47:1A-1 et seq.), commonly known as the open public
records act.

���� The term �cottage food
products� includes foods such as:� baked goods, including bread, rolls,
biscuits, cakes, cupcakes, pastries, and cookies; candy, including brittle and
toffee; chocolate-covered nuts and dried fruit; dried fruit; dried herbs and
seasonings, and mixtures thereof; dried pasta; dry baking mix; fruit jams,
fruit jellies, and fruit preserves; fruit pies, fruit empanadas, and fruit
tamales (excluding pumpkin); fudge; granola, cereal, and trail mix; honey and
sweet sorghum syrup; nuts and nut mixtures; nut butters; popcorn and caramel
corn; roasted coffee and dried tea; vinegar and mustard; waffle cones and
pizzelles.