Division of Environmental Health Food Safety and Sanitation Program

Requirements for Selling

About Homemade Food

Homemade food is a category of food products that are produced in homes or leased kitchens and can be sold in Alaska without permitting or inspection. These types of food products are sometimes called "cottage food."

There are specific types of food that can be sold as homemade food in Alaska. The homemade food rule describes the types of food products that are allowed, the methods for selling those products, and the locations where they can be sold.

The sale methods and locations depend on whether the food is potentially hazardous or non-potentially hazardous. Determining Non-Potentially Hazardous Food has more information for producers who are uncertain about the type of food they are selling.

Selling Potentially Hazardous Food

The sale of shell eggs as homemade food is different than other potentially hazardous food. Please visit Selling Eggs for more information.

Requirements

Eligible Foods: See Potentially Hazardous Food; if selling shell eggs, please refer to Selling Eggs

Methods of Sale: Producer sells the food directly to the consumer

Methods of Sale Not Allowed: Any person who is not the homemade food producer cannot sell potentially hazardous homemade food; wholesale, resale, and consignment are not allowed for homemade food

Locations: The producer's retail location; additional requirements apply if the producer's retail location is a permitted food establishment, see Direct to Consumer at a Permitted Facility; if the retail location is at an event, see Temporary Events

Display: Homemade food cannot be displayed or offered for sale on the same shelf or display as inspected food

Signage: A sign must be prominently displayed to inform consumers that the food was made in a home kitchen, may contain allergens, and is not, except for meat and meat products, regulated or inspected

Packaging: No requirements, may be packaged or unpackaged

Food Packaged for Individual Sale: Food products must have a clear and prominent label that includes

• The producer's name, current address, telephone number, and business license number; and
• The statement, "This food was made in a home kitchen, is not regulated or inspected, except for meat and meat products, and may contain allergens."

Unpackaged Food: Producers must inform the consumer by

• Stating that the unpackaged homemade food was prepared in accordance with AS 17.20.332 - 17.20.338 and is not subject to certain state certification, labeling, licensing, packaging, regulation, or inspection requirements; and
• Providing the producer's name, current address, telephone number, and business license number

Online Sales Allowed: Yes

Can Be Sold in Another State: No

Limit on Volume of Food Produced: No limit

Limit on Sales: No limit

Business License: Yes, with some exceptions; check with Business Licensing to confirm

Can Be Used As an Ingredient at a Permitted Food Establishment: No

Selling Non-Potentially Hazardous Food

Requirements

Eligible Foods: See Non-Potentially Hazardous Food

Methods of Sale: Producer sells the food to the consumer or an agent of the producer sells the food to the consumer; additional requirements apply to agents of the producer, see Sales by an Agent of the Producer

Methods of Sale Not Allowed: Wholesale, resale, and consignment are not allowed for homemade food

Locations: The producer's retail location or the agent's retail location; if the retail location is at an event, see Temporary Events

Display: Homemade food cannot be displayed or offered for sale on the same shelf or display as inspected food

Signage: A sign must be prominently displayed to inform consumers that the food was made in a home kitchen, may contain allergens, and is not, except for meat and meat products, regulated or inspected

Packaging: No requirements, may be packaged or unpackaged

Food Packaged for Individual Sale: Food products must have a clear and prominent label that includes

• The producer's name, current address, telephone number, and business license number; and
• The statement, "This food was made in a home kitchen, is not regulated or inspected, except for meat and meat products, and may contain allergens."

Unpackaged Food: Producers or agents of a producer must inform the consumer by

• Stating that the unpackaged homemade food was prepared in accordance with AS 17.20.332 - 17.20.338 and is not subject to certain state certification, labeling, licensing, packaging, regulation, or inspection requirements; and
• Providing the producer's name, current address, telephone number, and business license number

Online Sales Allowed: Yes

Can Be Sold in Another State: No

Limit on Volume of Food Produced: No limit

Limit on Sales: No limit

Business License: Yes, with some exceptions; check with Business Licensing to confirm

Can Be Used As an Ingredient at a Permitted Food Establishment: No

Direct to Consumer at a Permitted Facility

Producers selling potentially hazardous homemade food must sell that food directly to the consumer. Another person cannot sell potentially hazardous homemade food for the producer.

If a producer's retail location is a permitted food establishment that also sells inspected food, there are additional requirements that must be met when selling potentially hazardous homemade food.

Requirements

• All requirements listed in Selling Potentially Hazardous Food, including labeling and signage
• Physical separation of uninspected food and inspected food during storage, display, and sale
  • A separate door and cash register or point of sale for homemade food (uninspected) and inspected food
  • Separate coolers, freezers, warehouses, or other storage areas to keep homemade food and inspected food from intermingling
• Signs or other markings to indicate the locations of uninspected food and inspected food
  • Clearly identify where homemade, uninspected food is located in the permitted establishment
  • Clearly identify where inspected food is located in the permitted establishment

Sales by an Agent of the Producer

An agent of the homemade food producer may sell nonpotentially hazardous homemade food on behalf of the producer. Homemade food is not otherwise eligible for wholesale, resale, or consignment.

Requirements

• All requirements listed in Selling Non-Potentially Hazardous Food, including labeling and signage
• The agent is eligible to sell homemade food on behalf of the producer
  • Agents of the producer may be individuals or retail locations, including gift shops, convenience stores, grocery stores, coffee shops, restaurants, food hubs, and other similar locations
• The producer and agent have a signed agreement
  • Required: For permitted food service establishments (coffee shops, restaurants, delis, etc.)
  • Recommended: For all other individuals, organizations, establishments, and other locations
  • An agreement between the homemade food producer and the agent of the producer that has been signed by both parties
  • The agreement needs to demonstrate that the producer and their agent are operating under the homemade food rule and are not wholesaling, resaling, or consigning products; note that wholesaling food is under FDA and USDA jurisdiction
  • Producers and agents may use the Department's sample Agent Agreement (coming soon!) or develop and use their own
• The agent only sells nonpotentially hazardous homemade food
  • Agents of homemade food producers may not sell potentially hazardous homemade food of behalf of producers

Temporary Events

Selling food at a temporary event may require a permit. A permit is required if

• Food is prepared on-site at an event
• Food is cooked and served immediately at an event
• Food requires hot-holding at an event (i.e., food must be kept hot or warm until it is sold)

Visit Temporary Food Service for more information about permits for temporary events.

A permit is not required if a homemade food producer makes products at their home or leased kitchen and transports the products to a temporary event for sale. Cold-holding is allowed. For example, a producer may make cheesecakes at home, put them in coolers, transport them to the event, and leave them in the coolers to keep the cheesecakes cold until they are sold. Producers may also choose to provide samples of their products.

All requirements for selling potentially hazardous and non-potentially hazardous homemade food apply to sales at temporary events.

Local Requirements and Municipality of Anchorage

Cities, boroughs, military installations, and other local jurisdictions in Alaska may have additional requirements for selling homemade food in their communities. Be sure to check local requirements prior to selling homemade food.

The homemade food rule does not apply to food sales within the Municipality of Anchorage. If the address where food will be sold is within the limits of the Municipality of Anchorage, visit the Anchorage Health Department's Food Safety and Sanitation program to learn more about requirements for selling cottage food (homemade food).

Statutory Reference

• AS 17.20.332 Exemption for Homemade Food

Resources and Contacts