Cottage Law Vs Home Processor Exemption

Can someone help shed some light?

Does NY State have a Cottage Food Law? Or do we only have the Home Processor Exemption? Are they one in the same, or are they totally different entities?


Secondary, who do we contact to start pushing for support of a Cottage Food Law in New York state? Where do we begin? How do we lobby for this?

Ok I have some news . . .

I have talked to the AG, and Health Department.

1) Food processor law is like a food cottage law, except we can not sell to customers directly. We can only sell at farm market or wholesale (to restaurant, hotel, catering business . . etc). But we can not take special orders (like birthday cakes), as this would make us a retail bakery.

So . . next . .

I emailed my senator (Breslin) and mailed him a letter asking what it would take for NY to consider a specific cottage law where we can sell to customers on a very small scale, like some other states.

If you wish to contact your senator (in NY) and request the same . . and I suggest you do so that we can overcome this obstacle . . . Here are some of the points I made:

1. Several other states have food cottage laws allowing in home bakeries to sell directly to customers on a small scale. (under $15,000 gross annual profit)

2. By selling wholesale, our products already end up in the hands of consumers, so it just makes sense that we should be allowed to make to order without storing goods.

3. Many bakers are already doing this 'under the table', and by bringing it 'above the table' NYS can help regulate food and safety issues.

4. By bringing it 'above the table' NYS can begin to collect sales tax from these under the table bake shops.

5. It is helping the community grow, as we use local products from local farms and markets.

6. It gives small businesses a chance to grow in small affordable steps.

7. It just makes sense. We aare 99% there . . .

8. WE VOTE


You can email your NYS Senator here

http://www.nysenate.gov/senators

However, I suggest both email and postal letter.

Let's get this going . . The small business needs a chance here in NY

I hope we can all (In NY) come together and contact our legislature, assemblymen and senators . . . keep emailing them and writing them . . . keep it up until they do it.

Again, it just makes sense!! We are almost there, just one more step:

NOTE:

Here also is a link to contact your NYS Assemblyman:

http://assembly.state.ny.us/mem/?sh=search


Here is a copy/draft of the letter I mailed my senator and assemblyman. I will keep sending letters, and emails to them, lobbyists and anyone I can, until we get this done:


I am contacting you in regards to requesting an amendment to the 'Home Food Processing Exemption'.

Currently this exemption allows an approved, inspected, home bakery to bake non perishable, limited products (such as cookies, cakes, closed pies, etc) and sell them (only) to wholesale, such as restaurants, catering companies, etc OR to sell at farm market venues.

This law does not allow the home baker to sell these same non perishable products directly to a consumer. This prevents many of us from making a birthday cake or wedding cake directly for a client. To do so, would force us to have a commercial kitchen, even if we only make one cake per month.

Why NY Should amend the Home Food Processor Exemption, to allow sale directly to consumer:

1. 13 other states already allow this, under a "Food Cottage Law". Allowing home bakeries with non commercial kitchens to sell limited products on a small scale directly to consumers (example: under $15,000 gross)

2. The home food processor exemption, already in place in NY already allows us to sell to wholesale, resellers which places our baked goods in the hands of consumers. It just makes sense that we should be allowed to make a simple birthday cake directly for a consumer. In both scenarios our cakes end up with the consumer.

3. Already, many home bakers are already selling to consumers directly, 'under the table' with no regulation and paying no sales tax. Bringing this 'above the table' allows for regulation and sales tax collection to NYS.

4. This will help the local economy as home bakers buy ingredients from local farms and local businesses. As home bakers grow into small retail bakeries, they have potential to create jobs and support their communities.

5. It will help make NYS more 'small business friendly'. Starting a small business is very complicated, risky and expensive. Allowing a home business to take small steps and grow into a larger business, is less risky for the business owner, the community and the state. Often small bakeries are forced to invest in full retail outlets and commercial kitchens, getting in way over their financial abilities. The financial failure can be felt throughout the community and the state.

6. It just makes sense. The NYS home processor exemption provides requirements for inspection, health and safety, and regulation. One extra step will allow NY to modernize and join the other states, in allowing us to sell limited products on a small scale directly to consumers.

7. Health risks do not increase by allowing us to sell limited products directly to consumers. In fact, we often make to deliver . . .meaning that our products are picked up or delivered immediately, and not stored. Making it even safer for consumers, then selling first to a wholesaler or retailer.

8. Either way, or products are consumed by customers. Whether we sell to wholesale first, or direct. Therefore selling direct is no less safe.

9. Lastly . . We (small bakers, families, extended families, friends) ALL VOTE.

Please consider this proposal to amend the existing Home Food Processing Exemption, to allow these same limited, non perishable goods directly to consumers.

Many of us are simply trying to do the right thing. We love baking and making a few birthday or wedding cakes for family and friends. Allow us to do this above the table.

Thank you

Baker, Taxpayer, Voter