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

Intended Consumption: Products are intended to be eaten by the consumer at another time or location; please see Food Service for information about serving food for consumers to eat immediately, like a restaurant or take-out

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

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

Intended Consumption: Products are intended to be eaten by the consumer at another time or location; please see Food Service for information about serving food for consumers to eat immediately, like a restaurant or take-out

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 (agents of a producer selling on behalf of the producer are not considered to be wholesaling, resaling, or consigning products under the homemade food rule)

Locations: The producer's retail location or the agent's retail location

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 agent only sells nonpotentially hazardous homemade food
  • Agents of homemade food producers may not sell potentially hazardous homemade food of behalf of producers

Highly Recommended

• An agreement between the homemade food producer and the agent of the producer that has been signed by both parties
• The agreement describes the relationship between the producer and their agent and demonstrates that the two parties 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
• The Department has a sample Agent Agreement (coming soon!) that producers and agents are welcome to use

Food Service

It is important to note the difference between homemade food products and food served as part of a food service.

The homemade food rule provides an exemption for processing and market activities that would otherwise require a permit under the Alaska Food Code. The exemption allows producers to process and prepare homemade food products and sell them as might be seen at a market (room temperature, cold, and frozen).

The homemade food rule does not provide an exemption from permitting or inspection for food service activities. If an operation serves food for consumers to eat immediately, similar to a restaurant or take-out, it is operating as a food service and a permit is required. This includes serving hot food (such as a take-out box with a hamburger and fries) or cold and room temperature food (such as a sandwich on a plate with a pickle and chips).

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