You make it sound like a cottage food home bakery in Ohio is not legal when it is. I operate this way, I advertise, I have a website, and I state that I am a cottage business.
You don't have to be licensed in Ohio to operate legally under the cottage law. There are certain rules you have to follow though such as, no pets, no carpet in the kitchen, no perishable items, and all of your items must be labeled very specifically. You can get the info from the department of agriculture website. I would recommend getting licensed if you are already following all of these requirements though. It does only cost $10 and the health department just comes in to make sure everything is clean and you are following all of the items listed above. If you get licensed then you can make perishable items and you no longer have to label your products with those very long labels 
No, you were right, they are two different things, but they are both legal.
Ok, so does the Cottage license say no pets too???
Can someone help clarify the difference? I know Cottage refers to baked non-perishable (i.e. no cheesecakes, etc. that require refrigration). I looked at the health department site but I'm not sure....
Whether you are licensed or you bake under the cottage laws you are not supposed to have pets in your home. That's a big no no from the health department for anyone that serves food.
MeliaJ
You are NOT prohibited from having a pet under the Ohio Cottage Food law. True, having a pet is not allowed to get licensed, but you are not licensed for the Cottage Food Production.
You are prohibited from making perishable items, that means your menu is limited.
There are very specific labeling requirements including a statement "This product is home produced"
That statement conveys that there is no licensing and therefore no inspections.
I wonder if they have this law because of the significant Amish population in Ohio? Anyway, the state felt that refrigeration and acidity control were the significant health risks and those are prohibited.
PM me if you want more info. 
MeliaJ
You are NOT prohibited from having a pet under the Ohio Cottage Food law. True, having a pet is not allowed to get licensed, but you are not licensed for the Cottage Food Production.
You are prohibited from making perishable items, that means your menu is limited.
There are very specific labeling requirements including a statement "This product is home produced"
That statement conveys that there is no licensing and therefore no inspections.
I wonder if they have this law because of the significant Amish population in Ohio? Anyway, the state felt that refrigeration and acidity control were the significant health risks and those are prohibited.
PM me if you want more info.
I went back and looked at the Department of Agriculture website because I thought for sure you couldn't have pets either way, but it doesn't say that under the cottage laws. I was confusing it with getting the license, but again if you already don't have pets or carpet in the kitchen then you might as well go ahead and get licensed That's my opinion anyways.
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Original message sent by tshannon
So if refridgerated items are considered "hazardous" then how would one go by trying to make and sell cream pies to say restaurants etc from their own kitchen? Anyone??
You would need to get licensed for the cream pies in Ohio...
Here is the link to the Ohio department of agriculture website...
http://www.agri.ohio.gov/foodsafety/
I think you may need to check with the local health department for you as well...
These are all the other links I know of as well...
http://www.agri.ohio.gov/divs/FoodSafety/docs/labeling/LabelLayout11-12-10.pdf
http://www.agri.ohio.gov/foodsafety/docs/CottageFoodOperation-factsheet.pdf
http://www.agri.ohio.gov/foodsafety/docs/Cottage_Food_Rules_Final6-09.pdf
Hopefully some of them may help you...
I also have a question! I do custom cakes from home in Ohio. Fall under cottage law. Thanks to Michelle I'm in the process of getting my name registered.
Should I also label all the custom cakes I make? All my stuff are made to order, they don't go to shops.
Sorry I'm not trying to sabotage the thread. I was just curious.
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Original message sent by tshannon
Thanks for the resources!
So if I rented a licenced inspected and approved commercial kitchen,( recommendations in the cincinnati area?) would i need to do any licensing myself?
Is all you make cream pies, or do you do custom cakes as well? Cookies? Desserts? I am on the other side of the river from you, by the airport.
Cottage food operations do not have licenses... You are legally allowed to have a pet under the regulations as well... You cannot make anything that requires a fridge though... All goods should also be labeled as made in a home kitchen...
There is a home licensed kitchen that allows you to make food that requires a fridge... you are not allowed to have pets... your kitchen must pass an inspection... and there is a $10 fee to the department of agriculture...
That is based on state laws... each county has their own regulations that may vary...
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