Labeling cottage food items

As a cottage food producer, you must follow the Cottage Foods Exemption law labeling requirements. A complete and accessible label helps consumers make safe and informed decisions when purchasing food.

Label requirements

There are six things you must include on your food labels:

Name

The label must include your full name as the individual cottage food producer or the cottage food business name you submitted on your registration form.

Business information

The label must include your cottage food registration number or the address you submitted on the registration form. 

Date

The label must include the date the cottage food was made.

Record keeping allows you, as the producer, to track the types of foods you create, the recipes you use, and the dates of each batch. This is especially useful when preserving with methods like water bath canning, where the jars are too hot and wet to label immediately. Download a sample testing log.

When dating baked goods, use the date they were actually baked. For example, if the dough is prepared and chilled overnight in the refrigerator, the baking date should reflect the following day when the goods are baked.

Advisory statement

The label must include this advisory statement: “These products are homemade and not subject to state inspection.”

Ingredients

The label must list ingredients by weight, in descending order, from greatest to least.

While not mandatory, it is considered best practice to list sub-ingredients when they are included. According to the Code of Federal Regulation’s Part 101 Food Labeling, sub-ingredients should be listed in parentheses immediately following the main ingredient. For example:

INGREDIENTS: Wheat Flour, Semi-Sweet Chocolate Chips (unsweetened chocolate, sugar, cocoa butter, dextrose, natural vanilla extract), Sugar, Brown Sugar, Butter, Eggs, Baking Soda, Salt.

Allergens

If any of the nine major allergens are included in the ingredient list, the common name must be included on the label.

Below are the common names of the major allergens, along with examples of other names they may be listed under and labeling criteria:

• Milk: The ingredient list must include the common name “milk” and the animal source if it is not a cow (e.g., goat milk, sheep milk). Other names may include buttermilk, butter, whey, cheese, ghee, lactose and casein.
• Eggs: The ingredient list must include the common name “egg” and bird source if not a chicken (e.g., duck egg, quail egg). Other names may include ovalbumin, meringue, lysoszyme, or vitellin.
• Wheat: The ingredient list must include the common name “wheat.” Other names may include bran, bulgur, cereal, flour, semolina, or spelt.
  • Gluten labeling: The FDA regulates the labeling of food as “gluten-free” and requires compliance with 21 CFR 101.91. This regulation includes holding the processor responsible for ensuring the food contains less than 20 parts per million of gluten through lab testing.
  • Wheat allergy and Celiac Disease: A wheat allergy occurs when an individual has an allergic reaction to proteins found in wheat, which may include gluten, although not always. Symptoms of a wheat allergy can range from an itchy throat, nausea, and diarrhea to more severe reactions such as anaphylaxis.
    Celiac disease is an autoimmune disorder triggered by the consumption of gluten, a protein in wheat. It causes the immune system to attack the lining of the small intestine, leading to malabsorption of nutrients, and in severe cases, it can result in hospitalization.
• Soy: The ingredient list must include the common name “soy.” Other names for soy include miso, tofu, textured vegetable protein, tamari, or edamame.
• Peanuts: The ingredient list must include the common name “peanut.” Other names include arachide, beer nuts, or Valencia peanuts.
• Tree nuts: The ingredient list must include the common name “tree nut.” The FDA considered the following tee nuts as major food allergens: almond, brazil nut, cashew, hazelnut/filbert, macadamia/bush nut, pecan, pine nut/pinon nut, pistachio, or walnut (black, California, English, Japanese/Heartnut, Persian).
• Fish: The ingredient list must include the common name “fish.” Other names include bass, flounder, or cod.
• Crustacean shellfish: The ingredient list must include the common name “crustacean shellfish.” Other names include crab, lobster, or shrimp.
• Sesame: The ingredient list must include the common name “sesame.” Other names include tahini, benne seed, gingelly, halvah, sim sim, or sesamol. 

Allergen labeling options

If the allergen common name is not used in the ingredients list, include it in one of two ways:

1. Add a contains statement with the allergen’s common name: list all of the major allergens using their common names in a statement outside of the ingredient list.
   • Example: Contains Wheat
2. Add parentheses with the allergen’s common name next to ingredients in the ingredient list.
   • Example: “flour (wheat)”

Note: home-processed pet treats do not require allergen information.

Label design

Although the Cottage Foods Exemption law does not require a specific labeling format or design, adhering to best practices can help ensure customer safety.

Make sure it is legible. Use a simple font that is large enough to be easily read. Sans-serif font styles with a size no smaller than 10 points are common.

It must be in English or include an English translation if the label is written in another language.

It must be in print. If not attached to the packaged food (such as baked goods packaged at the time of sale), it must be available to the customer in print. This can be in the form of a card or paper given to the customer at the point of sale or posted on a sign at your display as long as the customer is made aware of the information.

QR codes: The Minnesota Department of Agriculture states, “QR codes cannot take the place of the required label information. A QR code can only be added in addition to the required information.”

You can use a QR code to communicate the labeling requirements and other information (your business story, website, or other optional information) to your customers.

If you use a QR code, you must also print all of the required labeling information and make it visible and available to your customers at the time of sale. All customers need access to this information.

Following these guidelines helps to keep your customers informed and safe while ensuring compliance with the law.