by Rep. Paul Opsommer
The Michigan House of Representatives recently passed legislation that will help protect small producers of certain baked goods and other products like jams and jellies from excessive regulation. The series of bills is now headed to the Senate.
“Farmer’s markets, church bake sales, and entrepreneurial forays into the cottage food industry have been hampered by bureaucratic red tape,” said Rep. Paul Opsommer, R-DeWitt. “This legislation is being designed to help a variety of people and small organizations stay involved in the cottage food industry to benefit both our communities and local economies”.
Current food laws do not allow for the resale of homemade food unless it has been prepared in an official commercial kitchen. For most small operators having to rent such a kitchen is so cost prohibitive that people quickly decide that trying to sell their products would be a losing proposition. The bills define a cottage food producer as someone who makes less than $15,000 in sales a year, and in general limits the types of products that can be sold to those that do not require refrigeration from a safety perspective.
“These bills have an excellent chance to pass in the Senate,” Opsommer said. “I think really the only question will be what types of products will make the cut as we strike a balance between deregulation and ensuring food safety. There is a huge interest now in organic and locally grown products that I want to support, and if a struggling economy can have its waters tested by new family businesses I think we are looking at good public policy.”
To be legally sold under the new legislation, homemade food must carry the label “Made in a home kitchen that has not been inspected by the Michigan Department of Agriculture.” Foods must also list potential allergens used as ingredients, such as peanuts or peanut oil.