N.J. Admin. Code § 8:24-11.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 8:24-11.3 - Prohibited cottage food operator activity

(a) A cottage food operator shall not deliver or relinquish cottage food products:

1. At a location other than:

i. The home of the cottage food operator, but not for onsite consumption;

ii. The home of the consumer, provided the home is in New Jersey;

iii. A New Jersey farmers' market or farm stand;

iv. To consumers, at a New Jersey temporary retail food establishment; or

v. In New Jersey, to the consumer, provided applicable law does not otherwise prohibit the delivery or relinquishment at the location;

2. To a person who is not the consumer;

3. To a wholesale establishment as N.J.A.C. 8:21-9defines that term;

4. To a retail food establishment;

5. By United States postal mail or a common carrier, subject to N.J.A.C. 8:24-11.2(b); and/ or

6. In interstate commerce, that is, outside of the State of New Jersey, subject to N.J.A.C. 8:24-11.2(b).

(b) The gross annual sales (that is, before deductions of taxes and operating expenses) that a cottage food operator generates from the sale of cottage food products shall not exceed $ 50,000.

N.J. Admin. Code § 8:24-11.3

Adopted by 53 N.J.R. 1711(a), effective 10/4/2021