Good, that's exactly what you should do. If the local inspectors say it's OK to bake with eggs and dairy as a cottage food maker, then it doesn't really matter what they say at the state level, as inspections are typically handled locally.

I was just posting my own interpretation of the law as it is written, and since I'm not on the OH legislature you are perfectly free to ignore my opinion.

Restaurants in OH are inspected by individual county health departments, if it is different for cottage food makers then thank you for the correction.

http://www.highlandcountyhealthdept.com/foodsafetyprogram.htm

Hey Kristy! As always, I advise everyone to check with their local HD, because they are the ones who know the law and can accurately apply it to your situation. People in other states are not in a good position to give advice on this subject.

There may not be an inspection of the home, but the OH law does allow cottage food products to be sampled by the state DOA to ensure they are not "misbranded" or "adulterated", so be sure to follow the correct labeling procedures as outlined in OH Code 3715.023.

http://codes.ohio.gov/orc/3715.023

Originally Posted by Loucinda

Make sure you check the font size for me too jasoncraft...but then, I already KNOW what that is too.

Please stick with the laws in CA - unless of course you move to Ohio, then you can be an authority here too.

No problem, I was just correcting the inaccurate information you posted, as sampling is an inspection by proxy.

I enjoy legal analysis so you'll have to forgive me if I take arguments about the semantics of laws to the extreme.

I live in Florida as well. IT IS NOT ILLEGAL TO BE REIMBURSED FOR INGREDIENTS as long as you can provide a reciept for all goods purchased and do not mark up prices on anything. This is per State code from the Department of Agriculture.

Once again, I was not giving advice, I was commenting on the vagueness of the text of the OH law (which I read directly from the OH legal code). I'm glad the inspectors are interpreting the law in your favor, but if I lived in OH I would lobby to have that particular provision removed or at least rewritten to be unambiguous (as other states' cottage food laws are).

This is just my opinion and is not to be taken as legal advice.

That seems odd...does that law specifically apply to home baking? Can you link to the relevant section of the FL State code?

That I'm the only one with a differing opinion?

I'm not sure why everyone is so offended that I happened to interpret that law differently, but I think this horse if officially dead so I will not longer comment on this particular issue. Feel free to send me a private message if you want to yell at me some more.

I called and spoke with Sandra in the Florida Department of Agriculture. You're welcome to call and ask her for the logic in the legal code. I'm only repeating what I was told was safe and legal by those in enforce it.

the only hazardous foods are cream pies, stuff with creamed fillings. Cookies and cakes without these perishable fillings are not hazardous. go to the ohio site an read the entire cottage law, it will tell you.

Actually, the carpeting and pets is for those who wish to be licensed through the Dept of Agriculture.

OH law outlines two different types of home-based commercial bakers: cottage food makers, which do not require licensing and do not have restrictions on pets and carpets, but cannot produce food that must be refrigerated, and home bakeries, which require a $10/year license and can produce refrigerated items.

The OH law also has no limit on sales volume, so both cottage food makers and home bakeries can make as much as commercial bakers.

Just about every state has a law making it illegal to use your car horn for anything other than a warning to other drivers, but such laws are rarely enforced.
http://www.ehow.com/list_6297422_laws-car-horns.html

Excessive honking can get you a ticket in OH though:
http://www.dispatch.com/live/content/local_news/stories/2010/01/22/honk.ART_ART_01-22-10_A1_RIGCIG7.html

And FYI, in OH you must honk your horn whenever you pass another car. It's also illegal for more than five women to live in a house in OH.
http://www.associatedcontent.com/article/34310/dumb_ohio_laws.html?cat=17

I don't care one way or the other as I don't live in FL, but when speaking with anyone in the government about legal issues relating to my business, I now always ask for the section of state law so I can confirm for myself the accuracy of what the person on the phone says.

I went through this a few months ago with the new law in CA banning trans fats -- the first person I spoke with at the health department said it was OK to keep using trans fats until the end of 2010, but then we got dinged in our inspection for using shortening with trans fats. The next time I called I asked for a reference to the actual state law, and the first person I talked to was incorrect. Verbal consent from a government worker does not trump the text of the law.

Late to the conversation, but this caught my eye. In Kansas processing and making are two different things. I cannot with the license I have, make my fruit butters sealed in jars for sale unless I have an additional processing license.

When I hear the word process my mind goes to factories that commercially can, freeze or make salsa, for example out of raw ingredients brought in or meat packing plants. Processing usually involves some kind of preserving technique.

This is why I was told without an additional $400 license I would not be PROCESSING my fruit butters in jars for sale, but I could continue to make the butters and sell them out of a refrigerated case by the pound right along side the chicken salad.

I guess I've never said I was going to go into the kitchen and process a batch of sugar cookies, but I have said I need to process a batch of apple butter...

Just my 2 cents.