# Regulations for selling canned goods



## Guest

I am thinking of selling some of my specialty jams, jellies, and syrups online. (I would build a website but would maybe do eBay, also.) 
What are the licensing regulations, rules, etc for sales of canned goods directly to the individual consumer? I am in Arkansas but sales would be offered within the continental US.
Thank you for your help.


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## lharvey

Most likely food items would be regulated by the EU (end users) state or the destination state.

I'd start looking at nationwide regulations at the Food and Drug Administration. They would be the top of the list when it comes to labeling and stuff.

FDA http://www.fda.gov/

Lee


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## luvrulz

Here in Ky, we cannot sell on the internet or publicly (retail) unless we own or rent a commercial kitchen. Check with your county extension office or the health dept.


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## oldcj5guy

Doesn't matter where they are going, you need to meet the laws here in Arkansas which means commercially inspected kitchen space. I have rented comm space from small mom and pop restaurants and bars before that had a down day. All that is required at that point most of the time is that kitchen getting a commissary license. No biggie


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## clovis

I think Indiana also requires a commercial space, but only if you are making the product here.


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## nobrabbit

Find out if Arkansas has a Cottage Law. Here in KY we can sell certain food items made at home directly to the public. I know jams and jellies can be processed at home and sold but I think with higher risk foods you have to take a home processing course or something like that but you can still do it out of your own kitchen. Baked goods are allowed also I think. Your local extension agent should be able to give you all the info you need.


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## rscheiderer

I'd get in touch with a lawyer just to be safe. He can tell you about liability and how to set up the business end of it all. 
A "commercial kitchen" isn't as big a deal as you might think. Check with the health department to see what you need. A triple-sink, most likely, and thermometers in the fridge and freezer, storage of larger food items up off the floor, that sort of thing...It varies state to state, of course, but it might be pretty do-able. Also check into a food handling/sanitation course. Even if it isn't required (which it probably is) it's a good selling point to be able to tell your customers that you're certified.


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## ||Downhome||

being interstate you will need to meet fda guidelines as well as maybe usda, as long as you meet those they more then likely trump any state law (not that I agree should be the other way) your state agriculture dept is the place to start (at least here in michigan)

many states have facilitys you can rent that meet regulations and are licensed, lot cheaper then building or renovating just to find out it wont work. I would try to stay within your state to start many times depending on state law you can duck fed regulations makeing start up a whole lot easier. then if and when you have a established a profitable buisness cast your nets wider. but I will tell you many buisness bite off more then they can chew trying to grow to fast will kill your buisness I say slow and study wins the race.


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## Patriot

Just a thought, but most churches have commercial kitchens. If you belong to a church, perhaps you could work out some kind of trade with them to let you use the kitchen to make your products. It think they also are inspected in some states so that would keep you from having to install some kind of sink until you get the biz up and rolling.


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## BamaSuzy

Here in Alabama you can sell jellies and jams without having to do them in a commercial kitchen IF you sell them only from your farm stores or sell them in farmer's markets with a label that notes they are homemade and "not made in a commercial kitchen."

You can't sell anything that has to be pressure-canned unless it's made in a commercial kitchen.

Your Home Extension Service should be able to help you with this. I also call our state's Department of Health and our State Farmer's Market Authority (or email them) whenever I have a question. best wishes!


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## Becka03

Patriot said:


> Just a thought, but most churches have commercial kitchens. If you belong to a church, perhaps you could work out some kind of trade with them to let you use the kitchen to make your products. It think they also are inspected in some states so that would keep you from having to install some kind of sink until you get the biz up and rolling.


This is a great idea! the church kitchen- I am goin to check into this!!! thanks for the awesome Idea!
Amanda


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## Guest

Lotta good leads here. I will check into them. Thank you all.


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## Ken Scharabok

There is an excellent article in the Jan/Feb 2010 issue of Countryside and Small Stock Journal.


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## Ken Scharabok

There is an excellent article in the Jan/Feb 2010 issue of _Countryside and Small Stock Journal_ by a woman in AL who operates a small farm store. She found she could sell off-the-farm, but not wholesale to restaurants or groceries, without a special licence. Rules vary state by state.


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## Ladyhen

You will more than likely need a commercial kitchen and be required to have regular inspections by the city or county department of environmental health. Depending on your state/county, you may have to attend a food handling class and pass a test. You'll need a resale license to collect sales tax and possibly a business license (also called privilege tax in some areas), too.


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## BamaSuzy

Ken, thanks for the kind words about my article!!!

In Alabama you don't need to have a licensed commercial kitchen for anything that is water bathed and that you just sell from your home or through farmer's markets....BUT for pressure canning items you must do it in a commercial kitchen. You have to check with each state to see what the regulations are there.


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## Nomad

Here is some information from Ohio which I just learned thanks to this thread: 

The definition of "home" refers to a residence that contains one stove or oven used for COOKING. Each of the food products identified in the law undergoes a heat step: bakery products (such as cookies, breads, brownies, cakes, pies, etc.); candy (including no-bake cookies, chocolate covered pretzels or similar chocolate-covered non-perishable items); jams; jellies, and fruit butter.

Cottage Food Products may only be sold in Ohio. Cottage Food Products that are properly identified and labeled may be sold directly to the consumer from the site where the products are produced; sold through grocery stores, farm markets, farmers markets, etc.; sold and/or used in preparing food in a restaurant.

I found it to be interesting. There is more on labeling etc. as well as what cannot be sold. Here's the link for any Ohio folks that may be interested and don't already know.

http://www.docstoc.com/docs/8263648/Cottage-Food-Laws-2009---Ohio

Nomad


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## Ladyhen

http://www.pickyourown.org/sell_your_homecanned_food.htm Good info, but doesn't have specific state/county requirements.

I've looked on the Arkansas Cooperative Extension website and they have a publication that covers ways to set policies for farmer's markets and almost every example references a "licensed kitchen" or having a license from the Health Department. You definitely need to call your local jurisdiction on this one.

Also, you may want to consider liability insurance...


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## bigmudder77

now see this is what i dont get amish can sell food like pies canned good chickens and so on and they dont need to go by the fda codes or even the state laws when selling there good and most of them dont have electric how do they keep that stuff cold enough and how do they know? 

there getting it better than all of us slap one of there amish made logos on it and they can sell what ever


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## Becka03

bigmudder77 said:


> now see this is what i dont get amish can sell food like pies canned good chickens and so on and they dont need to go by the fda codes or even the state laws when selling there good and most of them dont have electric how do they keep that stuff cold enough and how do they know?
> 
> there getting it better than all of us slap one of there amish made logos on it and they can sell what ever


wow yea I never thought of that- what the heck?
I am jsut gonna claim AMISH


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## stormwalker

I'm guessing none of you know any Amish folk!


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