[All] Fwd: Homemade Food for Sale in Michigan

[Robert Milligan]

FYI
R

Begin forwarded message:

> From: "foodforethought.net" <editor at foodforethought.net>
> Date: July 14, 2010 2:42:52 PM GMT-04:00
> To: mill at continuum.org
> Subject: Homemade Food for Sale in Michigan
> Reply-To: editor at foodforethought.net
>
> Editor’s Note: Michigan has recently passed two bills changing the  
> rules governing cottage food operations in the state. Food can now  
> be processed in non-licensed places such as a household’s kitchen,  
> provided sales don’t gross more than $15,000 a year. Products must  
> be sold directly to consumers at roadside stands or farmers’  
> markets. This initiative will likely bolster local food processing  
> and could provide a good example for other jurisdictions.
>
>
> July 12, 2010
>
> Homemade foods for sale? 2 bills to OK it today
>
> BY CHRISTINA HALL
> FREE PRESS STAFF WRITER
>
> Do you get raving reviews from teachers and other parents about that  
> homemade cake you provided for the school bake sale?
>
> Are family and friends who have tasted your raspberry jam always  
> asking when you are going to make some more?
>
> You might want to consider selling your homemade goods for profit.
>
> This afternoon, Gov. Jennifer Granholm is to sign into law two  
> cottage food operation bills that will allow individuals to make or  
> package certain foods in their kitchens instead of having to use a  
> commercial food operation as they do now.
>
> Baked goods, jam and jellies, candy, vinegar, dried fruit, herbs and  
> mixes made in your kitchen could all be sold publicly provided they  
> are properly labeled to reflect that they are homemade and identify  
> all ingredients under guidelines provided by the state.
>
> The new measures will allow people to sell their goods publicly at  
> farmers markets, roadside stands, county fairs, flea markets and  
> festivals without a state Department of Agriculture license. An  
> individual residence could make up to $15,000 gross annually from  
> such sales, which could help some families with good bakers and  
> cooks make ends meet or spur the creation of entrepreneurs.
>
> Granholm is to sign the bills during a ceremony at 12:45 p.m. today  
> at the Growing Hope Center in Ypsilanti, spokeswoman Liz Boyd said.  
> They will take effect immediately.
>
> "The legislation will promote the production and sale of Michigan- 
> made food products and promote Michigan agriculture," she said. "It  
> will be a boost to small- and medium-size farms, farmers markets and  
> entrepreneurs throughout the state."
>
> Foods include jams and candy
>
> Claire Urban wants to supplement her family's income and she knows  
> how to do it -- by baking cookies and pies.
>
> Two bills that Granholm will sign into law today may make that  
> possible for the Richmond resident. The measures deal with cottage  
> food operations, allowing residents to make and package certain  
> foods in home kitchens -- rather than commercial settings -- and  
> without a license from the Michigan Department of Agriculture,  
> provided the items sold are properly labeled.
>
> The foods include homemade baked goods, jams, jellies, candy,  
> vinegar and dried fruit, herbs and mixes. They can be sold to  
> consumers at farmers markets, roadside stands, county fairs,  
> festivals and flea markets.
>
> A third bill dealing with honey and maple syrup has passed the  
> Michigan House and is in the state Senate.
>
> Urban's husband took a pay cut at his job with the state corrections  
> department. His second job serving court papers has slowed. Urban  
> wants to use the new law to help out during these tight economic  
> times.
>
> "I want to take advantage of this to help my family survive, and do  
> something I really love doing," Urban said.
>
> Though she has taken food orders from family and friends for 15  
> years, the new law would allow her to get a business -- Cookies By  
> Claire -- off the ground without a lot of red tape.
>
> Although the law only allows a gross $15,000 annually in sales from  
> any one residence, Urban said any extra money made after food costs  
> would be welcome to help pay bills or allow her to do something for  
> her three teenage children.
>
> "That might not seem like a lot of money to big business, but to a  
> family that could mean the difference to just make it or have a  
> little bit of breathing space," she said.
>
> Changes in the law
>
> State law to this point has allowed only food made in kitchens that  
> are inspected and approved by the state Agriculture Department to be  
> sold to the public. For residents who want to start up a food  
> business, that means building a separate kitchen or working in a  
> licensed facility, plus a $70 license from the state.
>
> The new law would allow residents to use their home kitchens without  
> a state license. Gross earnings above $15,000 annually in sales  
> would require the operation move into the licensed kitchen category,  
> said Byron Beerbower, compliance manager for the food and dairy  
> division of the state agriculture department.
>
> He said there are 17,000 licensed facilities in Michigan ranging  
> from grocery and party stores to food processors. Health departments  
> inspect an additional 45,000 restaurants and there are 10,000  
> temporary events, such as fairs and festivals, local health  
> departments and the state agriculture department have to monitor.
>
> The new law requires food packages to be labeled with the name and  
> address of the operation, and the food product and ingredients  
> listed on the label in descending order of predominance by weight.  
> The net weight or net volume of the product, allergen information  
> and "Made in a home kitchen that has not been inspected by the  
> Michigan department of agriculture" also must be on the label.
>
> Beerbower said although residents can sell their goods at farmers  
> markets and roadside stands, they cannot sell them at grocery stores  
> or restaurants unless they have a license. He said enforcement of  
> the new law will be based on complaints investigated by the state  
> agriculture department. He said officials probably will have to work  
> with county prosecutors or the agriculture office if an operation  
> needs to be shut down.
>
> A taste of possibilities
>
> State Rep. Pam Byrnes, D-Lyndon Township, who introduced one of the  
> approved bills, said the new food sales law will give some people a  
> taste of operating a small business that could someday expand.
>
> "People are using the fresh produce available and want to try their  
> products without having to spend a lot of money in a certified  
> kitchen," Byrnes said. "This allows them to take the first step to  
> find out if their product is sellable, then they can go the  
> certified kitchen route."
>
> Randall Fogelman, vice president of business development for Eastern  
> Market Corp. in Detroit, said the new law "opens the door" to  
> farmers markets, small-time producers and budding food entrepreneurs.
>
> "As the state tries to diversify our economy, it shows we care about  
> all entrepreneurs and will do whatever we can to help them," he said.
>
> He said Eastern Market's nearly three dozen, weekly specialty food  
> vendors may not be affected by the new law because they are required  
> to have a state agriculture department-approved kitchen and  
> liability insurance. But, he said, the new law will be good for  
> smaller farmers markets, which are on the uptick statewide.
>
> John Heiney, executive director for the Birmingham Principal  
> Shopping District, which oversees the Birmingham Farmers Market,  
> said people with homemade baked goods have been turned away before  
> because the market has to comply with state and local rules.
>
> Assuming vendor space is available, he said the new law may open the  
> door to these folks, especially those with specialty or niche foods.
>
> Contact CHRISTINA HALL: 586-826-7265 or chall at freepress.com
>
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>
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> encourages dialogue and exploration of innovative trends in the  
> global food system. The service is managed by James Kuhns of MetroAg  
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> and the Toronto Food Policy Council. To subscribe, please contact editor at foodforethought.net 
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