An Overview of Kansas Cottage Food Laws
Kansas cottage food laws are a set of regulations that permit individuals to sell certain types of food made in their own homes. These laws typically apply to non-hazardous foods that do not require refrigeration, thus ensuring that small-scale food producers can operate without the need for expensive commercial kitchen facilities. In Kansas, cottage food laws serve as a way for home bakers, candy-makers, jam/jelly-canners, and other small-scale food producers to legally offer their homemade goods for sale, fostering local entrepreneurship while also ensuring that consumers have access to fresh, locally-produced food.
Kansas’ cottage food law , found at K.S.A. ยง 65-6a01 et seq., allows you to sell certain types of food directly to consumers without obtaining a food establishment license from the Kansas Department of Agriculture. You may even sell those foods over the internet, so long as the food is to be delivered within Kansas. However, you need to comply with labeling requirements and cannot sell your products at restaurants or most retail stores.
These laws are designed to be straightforward and accessible, allowing for ease of compliance and understanding for those looking to navigate the regulatory landscape of food production in Kansas.
Permitted Products under Kansas Cottage Food Laws
Kansas cottage food law provisions are not as streamlined as other states, and not all of the restrictions are readily apparent. A Kansas cottage food producer can sell canned vegetable products, which is something that other states would never allow for a "cottage food" operation. A Kansas cottage food producer’s market options are not limited to farmers markets as in other states. And the Kansas cottage food law allows for the sale of potentially hazardous or potentially unsafe foods, which most cottage food laws don’t permit.
If you actually read the statute, and not the Department of Health’s website on Kansas cottage food law, you’ll discover a bizarre assortment of allowable food items (and restrictions) such as flavored oils, edibles made with honeys/juices, pickles/jams/jellies but not processed grains, milk products, or processed meats.
The following is a list of "eligible products" allowed under the Kansas cottage food law: The food cannot be made in an establishment regulated or inspected by the state or a local health department and the producer must give the buyer written information concerning food safety practices. Additionally, the sale of foods requiring time/temperature control for safety (TCS), such as meat or dairy based products, is not considered a cottage food production operation. This means that sardines, water chestnuts, sugar cane, and jelly beans should not be sold under Kansas cottage food law. The following food is not included but is not specifically prohibited either: To put it simply, a Kansas cottage food law producer cannot be entirely sure if his or her food qualifies under the cottage food law or not.
Regulation and Rule Compliance Required
Food businesses making sales to the consumer in Kansas must be in compliance with Kansas regulations. For most cottage food businesses, a home kitchen inspection is not required, nor is a license.
While a license is not required for cottage food businesses, home producers should contact their local county or city health department to verify no local licensing requirements apply to their business. Some local jurisdictions may require a food protection manager certification.
Labeling requirements under Kansas law vary based on the type of food product being made. However, all cottage food products must have the name and address of the person or business making the cottage food, and the name common to the food. Home producers must provide proper allergen labeling including "Contains" and "May Contain" statements for allergens such as dairy, eggs, gluten, wheat, peanuts and soy.
Cottage food products describing or purportedly containing meat, poultry or processed eggs must include a label containing the name of the manufacturer, address of the manufacturer, and the manufacturing or packing date. Products resembling meats/deli meats, meat jerkies, poultry or poultry products, processed egg or egg products, must include on the label a declaration that the product does not require state inspection, and the labeling shall contain one of the following statements, as appropriate: "this product was prepared in a home kitchen that did not undergo inspection by an authorized agency and therefore may not meet applicable health code requirements;" or "this product was prepared in a home kitchen exempt from licensing and inspection requirements and therefore may not meet or exceed the requirements of Kj.s. 36.115."
Care should be taken to ensure labeling requirements are met. Labeling mistakes can result in serious consequences to the home business, such as a product recall.
All cottage food products made in the home must be prepared, packed and maintained under sanitary conditions. This means that food businesses making cottage food should be routinely cleaning food surfaces and equipment, wash hands frequently, avoid cross contamination, and should use safe food handling procedures throughout the preparation process. Foods that are prepared, spoiled, or contaminated in such a way that they may have become injurious must be discarded.
Kansas home producers should consider contracting with a food safety consultant for training regarding food safety and sanitary handling requirements.
Guidelines For Selling and Advertising Kansas Cottage Foods
Selling cottage foods is an essential step for many home food producers in Kansas. With the growth of local food markets, these food entrepreneurs have an opportunity to market their products not only at farmers’ markets but also through home sales, local shops, or even online platforms.
Farmers’ markets offer one of the most direct routes for selling products in Kansas. Numerous farmers’ markets exist throughout the state, providing a platform for home food producers to gain exposure and build a customer base. For 2022, interested vendors will have to contact individual farmers’ markets to find out whether or not they allow cottage foods to be sold by self-certified producers. Vendors should inquire with the appropriate city authority or farmers’ market association for specific market guidelines and requirements.
Cottage foods can also be sold directly from your home. This option allows for a more personal selling experience, as vendors can give customers site visits and arrange for pick-up times that are convenient for them. However, as with all sales strategies, vendors must ensure that they follow the legal requirements for home sales. For example, cottage foods sold from a private residence must include "Homegrown, Home Processed, or Made by ‘insert name’" when sold from the producer’s home so as to comply with K.S.A. 65-6a10(a)(6).
The rise of online platforms has opened the door for an additional avenue of sales for cottage food producers. Platforms such as Etsy or Facebook Marketplace have become popular locations for selling homemade products. Sellers simply need to remember that any product sold online must bear clear labeling as well as be properly packaged and delivered in a sanitary manner. It is important to understand that the sale of cottage foods online is limited. For example, it is prohibited to sell candy or caramel-coated apples. Kansas is one of the few states that does not restrict the type of cottage food items that can be sold as long as they comply with the labeling laws. In addition, cottage foods must not contain any meat or poultry and cannot be meals. As such, online food sales often come with limitations.
Suppose the cottage food producer wants to expand their sales. In that case, Kansas producers may be able to tap into wider sales systems depending on the ingredients used in the production of their food. For example, salsa, which has a high acid content, can be sold statewide and need not be sold directly to consumers. Similarly, teas can be sold through a wholesaler or private water supplier as long as they comply with the state requirements. In other cases, the product may need to be labeled as "homemade" and not produced in a commercial kitchen and may not include eggs, meat, or poultry. Other restrictions may apply depending on the type of product. As such, Kansas cottage food producers are encouraged to review existing regulations to find available sales channels that go beyond the local community. Remember that maximizing sales potential is only one facet of ensuring compliance with the Kansas Cottage Food Act. Whatever the route to market, cottage food producers must always stay within the boundaries of the law.
Challenges for Cottage Food Producers in Kansas
While cottage food laws offer home-based food entrepreneurs the opportunity to pursue their passion, they are not without their challenges and limitations. Many cottage food producers in Kansas have reported that they face several issues that can hinder their ability to operate a successful business. One of the primary legal limitations is the restriction against selling certain types of foods. The Kansas Cottage Food Act, as it stands, explicitly prohibits the sale of high-risk foods through the cottage food exemption. This limitation essentially means that cottage food producers can only sell specific types of items such as jams, jellies, granola, and similar products. As a result, many cottage food businesses are limited in the types of products they can create and sell. For example, those interested in making canned vegetables or hot sauces would need to comply with additional licensing and regulatory requirements separate from the cottage food exemption. Another challenge faced by cottage food producers is competition. Many small-scale food businesses compete with larger stores and manufacturers for shelf space and consumer attention. To combat this , cottage food entrepreneurs often turn to online sales and social media to market their products more broadly. Yet, online sales often come with their own hurdles, such as negotiating shipping restrictions, which can be costly and protracted, particularly in the current climate of heightened food safety standards and regulations. Scaling production can also be a hurdle for cottage food entrepreneurs. There are often limitations on storage space in home kitchens, and even when equipment is available, the time constraints are a factor. Some entrepreneurs may find themselves struggling to fill demand while ensuring that all products are safe and properly labeled. To effectively scale without surpassing the legal limitations imposed by the cottage food exemption, cottage food entrepreneurs must invest in a registered facility or a licensed commercial kitchen. In conclusion, the challenges faced by cottage food entrepreneurs in Kansas can be both significant and frustrating. Yet, for many, the benefits of being their own boss and working from home far outweigh the challenges associated with the cottage food exemption.
Success Strategies for Selling Kansas Cottage Foods
Documentation and Record Keeping: Maintain thorough records of all sales and transactions. This will help in tracking growth and monitoring financial patterns that may arise.
Stay Informed: Persistent updates and amendments to the Kansas food laws require those in the cottage industry to stay current on the most recent legislative initiatives that may affect regulations, and their business. Joining relevant associations can also help in obtaining more information about new and ongoing issues.
Consult with a Professional: Experience and familiarity with the legal system can greatly help small food vendors in complying with the law. Consulting with a licensed attorney specializing in cottage food laws can ensure proper compliance and more detail-oriented, specific information on your practices.
Variety: Providing customers with a wide range of products will satisfy a larger customer base and will provide greater potential for return business. Offering samples of new or experimental products can also help customers become more familiar with your brand and return in the future.
Food Safety and Cleanliness: Compliance with regular health and safety regulations in your kitchen, storage areas, and production lines will mitigate negative health effects, produce quality products, and also increase a customer’s awareness of your brand as a legitimate product.
Education: Having knowledge about what other cottage food vendors in your area are doing, or what similar businesses are doing, furnishing you with the ability to stay competitive and aware of new industry trends and practices.
Conclusion: Future of Kansas Cottage Food Production
As the cottage food movement continues to grow, so too does the demand for more clarity in the law and regulation guiding this industry. Current cottage food laws vary state by state, with some definitions so broad and permitting so non-specific as to potentially cover a virtually limitless array of home-produced foods. Calls for more regulation of the cottage food industry have been counterbalanced in this legislative session by calls for protection of existing local cottage food vendors, primarily at the local level but through proposed legislation creating statewide regulations. This has led to the attempted passage of legislation in:
- The 2019 session to spur economic development in local communities through local cottage food sales, but with a more general definition of "cottage food."
- The 2021 session, in an effort to more tightly limit the types of foods available through local cottage food means, the attempted passage of HB 2362 which is generally viewed by market producers as a revision to the agricultural exemption section of the Kansas Food, Drug and Cosmetic Act, K.S.A. 65-6743, which could also be broader than current law .
- The 2023 session, by HB 2030 to provide for safety guidelines and a statewide registration database of cottage food establishments, with accompanying public education on food safety measures and labeling while limiting product types and sales.
The fact that all legislative proposals have died, while all have had differing impacts on local cottage food markets, points to the difficulties in drafting cottage food production legislation to balance community economic development with consumer safety. While the discussion of cottage food laws may have died, the issue is not going away. Meanwhile, the market for cottage food is likely only to continue to expand, assuming that local cottage food producers continue to be able to keep up with buyer demand in the current supply chain economy. But the need for a stable supply of appropriately regulated cottage food remains a constant. Potential legislative initiatives are unlikely to go anywhere unless written in such a way as to balance legitimate concerns both for consumer safety and local economic opportunity without impeding the other. We’ll keep our eyes on this issue through the remainder of this session and beyond.