The Fight For Homemade Foods’ Legalization Still Running In New Jersey

A lot of buzz has been created lately with New Jersey's so-called "cookie" bill as it is seen as way residents of the Garden State can legally sell baked goodies from their kitchens. However, a New Jersey state senator just won't budge in his taken stance opposing the bill saying he would not be changing his stand anytime soon.

New Jersey State Senator Joseph Vitale said that "there are public safety and public health concerns" to the proposed bill according to a Food Safety News article. For these reasons, Sen. Vitale who is also the chairman of the Health and Human Services Committee has blocked the voting of the bill in the state Senate, after it had been approved twice by the Assembly, New Jersey's lower chamber.

New Jersey State Senator Christopher Bateman who introduced the bakers' bill last January explained to the Associated Press that the passage of the bill should not affect small business bakers. This is because there are provisions in the legislation that restrict homemade goods sales.

In addition, Senator Bateman argues that food safety concerns are address in the bill as well. The bill only allows the sale of specific baked goods - those that do not require temperature control and time to limit the formation of toxins and growth of pathogens.  

In the bill, home-baked goods are defined as bakery goods that were prepared in a private kitchen not subject to regulation or inspection by the Department of Health. The only requirement is that the consumer has to be made aware at the point of sale that it is a home-baked item by way of a visible placard. However, the food item itself need not be labeled.

Apparently, only two states have a complete ban on cottage food industry or the selling of homemade food. These are New Jersey and Wisconsin.

But even in states where selling of homemade good is legalized, some of the laws governing this area can be pretty restrictive according to an article in the Institute of Justice written by Nick Sibilla. For example, the article cites a Minnesota rule that only allow home baked goods sale of up to $5,000 per year, which is a just less than $100 per week.

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