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Politics

Caveat Venditor: Cottage Food Laws Great in Theory, Often Less So in Practice

Baylen Linnekin | 12.1.2011 1:47 PM

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So-called "cottage foods" laws are popping up around the country in response to the growing demand for local foods on the part of buyers and sellers. Generally, these laws help the entrepreneurs behind small startup ventures operated out of the home opt out of the crushing regulations faced by restaurants and other food sellers. But in spite of the good intentions behind the laws, they sometimes merely create a parallel system of numbingly stupid regulations.

WiThePeople, a project launched by a freelance journalist in New York State, has a new video up that takes a thoughtful look at one woman who's trying to operate under the state's cottage food laws and finding it a tough slog. Here's an excerpt from the video:

Julia Sforza opened her jam business, Half-Pint Preserves, in April 2011.  She's a stay-at-home mom who wanted to start a home-based business so she could spend more time with her three-year-old son.  Julia got very involved with local foods, particularly canning, about two years ago, which eventually led to her interest in jam-making.  Already, Julia is a finalist in the national Good Food Awards competition, but she is the only finalist without a website or business email address.

That's not Sforza's choice, it's one of the many inane requirements of New York State's cottage foods law. Whole video, which is well worth 12 minutes of your time, is below.

Recent info on cottage food laws (existing and proposed) in California, Texas, and Florida. My earlier Reason post on New York State's ban on cutting the cheese here.

Baylen Linnekin is the director of Keep Food Legal, a nonprofit dedicated to preserving and increasing "culinary freedom," the right of all Americans to grow, sell, prepare and eat foods of their own choosing. To join or learn more about the group's activities, go here. To follow Keep Food Legal on Twitter, go here; to follow Linnekin, go here.

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NEXT: You Too Can Lead the GOP Presidential Primary for 15 Minutes

Reason Foundation Senior Fellow Baylen Linnekin is a food lawyer, scholar, and adjunct law professor, as well as the author of Biting the Hands That Feed Us: How Fewer, Smarter Laws Would Make Our Food System More Sustainable (Island Press 2016).

PoliticsPolicyNanny StateRegulationNew YorkFood Freedom
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  1. Episiarch   14 years ago

    So is it valid to say that New York's cottage food laws jammed her up?

    (I can't believe I made that joke.)

    1. Tim   14 years ago

      You motherfucker...

      1. Episiarch   14 years ago

        I'm sorry, dude. It just sort of slipped out.

      2. EDG reppin' LBC   14 years ago

        Please try to preserve some decorum in the comments.

        1. Tim   14 years ago

          You have to take a hard line with Epi, trust me.

      3. wylie   14 years ago

        hey, at least he didn't produce a Always Sunny "jamming" medley and post it on youtube.

        that's my job.

        1. Episiarch   14 years ago

          Uh, link please?

          1. wylie   14 years ago

            damn, so now I actually have to do it....

      4. ola   14 years ago

        You mothersmuckers...

        1. wylie   14 years ago

          beautiful.

  2. John Tagliaferro   14 years ago

    More fallout from "The Jungle" by Leftist icon Upton Sinclair.

  3. BakedPenguin   14 years ago

    I wonder if she'd be restricted from using Amazon? It wouldn't be her website or email. I suspect the NY DOA wants to keep people "safe" from her jam.

    1. Robert   14 years ago

      No, and i don't buy her taxation guess, either. I think it's that the exemptions are specifically made for the little, local guy, and that the lawmakers decided selling on the Internet takes you out of that category. It would seem, however, that selling to a distributor who then sells via the Internet would be allowed.

  4. Spoonman.   14 years ago

    That is shockingly stupid. What well-meaning person could possibly think that requirement is a good idea?

  5. wylie   14 years ago

    Half-Pint Preserves

    MIDGETIST!

  6. ?   14 years ago

    good intentions

    You sound new here.

    Also, that Science 2.0 link doesn't work, because they're assholes.

  7. Fist of Etiquette   14 years ago

    She's just fortunate that legislators and their lobbyist overlords are letting her do any of this in the first place.

    She wants to make a product. I want to buy that product. For some reason we allow regulators to get in the middle of that.

    1. wylie   14 years ago

      SOMALIA.

  8. Apatheist   14 years ago

    Is making homemade jam and jelly trendy now? Down here it's just normal. My aunt makes the best peach jam. She sells some on the side too I can assure you she wouldn't follow these regulations one way or the other. If you are selling out of your house how hard can it be to avoid the attention of regulators?

  9. Pro Libertate   14 years ago

    I don't really like cottage cheese that much, anyway.

    1. Episiarch   14 years ago

      Try the large curd, 4% milkfat. It's much better.

      1. Pro Libertate   14 years ago

        I like the Curds and think we should've given them their own state.

        1. Tim   14 years ago

          The PUNS! They burn, they buuurrn.

          1. Pro Libertate   14 years ago

            What are you, right of Attila the Pun?

            1. Episiarch   14 years ago

              Saints preserves me, what have I done?

              1. Pro Libertate   14 years ago

                Saint my fault.

        2. o2   14 years ago

          we did in utah, plus extra special underwears & stuff...to protect against talking lizards

        3. BakedPenguin   14 years ago

          Turkey is a NATO ally, and naturally low-fat, while the government thinks the Curds cause obesity.

          1. Pro Libertate   14 years ago

            My doctor is glad that Iran after eating all of that rich food.

            1. Tim   14 years ago

              Did you cut back on the Greece?

              1. Pro Libertate   14 years ago

                I've been Armenian to.

                1. Tim   14 years ago

                  (shakes fist)

            2. JW   14 years ago

              Get India here! The cold outside will be the death of you.

          2. wylie   14 years ago

            Turkey Bacon, Canadian Bacon's long awaited sequel.

          3. El Goodo   14 years ago

            Ummm... uhhh... Honduras?

          4. Episiarch   14 years ago

            What's the government's position on Chile? Too spicy?

            1. Tim   14 years ago

              Uganda bring that up again?

            2. Pro Libertate   14 years ago

              Unfair! Un-Peruvian!

              1. Episiarch   14 years ago

                All this food talk is making me Hungary.

                1. Pro Libertate   14 years ago

                  You're Italian me!

                  1. Tim   14 years ago

                    Somebody Finnish this.

                    1. Pro Libertate   14 years ago

                      Norway, dude!

                    2. WTF   14 years ago

                      What SOMALIA with you people!?

                    3. Tim   14 years ago

                      http://www.youtube.com/watch?v=1ytCEuuW2_A

            3. JW   14 years ago

              Stop Russian us!

              1. Pro Libertate   14 years ago

                I Canada change the laws of physics, Captain!

              2. Mr. FIFY   14 years ago

                Quit Stalin, JW.

      2. wylie   14 years ago

        Try the large curd, 4% milkfat

        This is the last time I'm gonna tell you to stay outta my fridge.

        (peach and raspberry preserves mixed in...mmmmmmmm)

  10. Dendo Cranto   14 years ago

    Now that dude really seems to know exactly what the deal is. WOw.

    http://www.invisi-browse.tk

    1. bill quoted   14 years ago

      Winner winner backyard raised chicken dinner

    2. bill quoted   14 years ago

      Winner winner backyard raised chicken dinner

      1. bill quoted   14 years ago

        It's Brunswick stew for you squirrels

  11. I'm waiting for the jam   14 years ago

    It's OK to sell the stuff, but only if you sell it on the hush-hush like a drug dealer.

  12. wondering   14 years ago

    $400 for a two year license doesn't seem too burdensome - that's not much more than $15 a month. Worth it to be on the internet, be able to use commercial equipment, have world-wide exposure. If $15+ a month is too high a hurdle, there might not be much of a business there.

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