Now here in our county we can sell baked goods at home if you tag them correctly with the ingredients, date baked, your name and address, and weight, but our local market wont let you sell unless you are a certified kitchen. And they have to be certain kinds of baked goods, nothing refrigerated or like that. bread and cookes and muffins basically.

Lafayette's market requires the certified kitchen, but most of the state allows under the HBV 1309. Still nothing like cheesecake or meringues. Also allows jams and jellies, being canned. But pickles are not allowed to be canned.

Also needs the statement "This product is home produced and processed and the production area has not been inspected by the State Department of Health" in at least 10 point font.

Only Farmers Markets and Farm Stands, are allowed.

Marla

This post was edited by myfamilysfarm on Wed, Nov 20, 13 at 10:27

[[[[.......She says it is unconstitutional and says if her stuff is safe to sell at market it is safe to sell elsewhere.....]]]]

That's risky. Probably they will just decide that it can't be sold at the farmers market either. That's the easy solution for the state.

New Mexico has the same sort of licensing ... they distinguish between face-to face transactions where the baker is also the seller and selling via middlemen.
A "home-based" license only allows sales directly between the license holder and the customer.

If you want to become a food wholesaler, selling to restaurants and stores that in turn sell to the end user, you have to pass the same sort of licensing as all the other wholesalers.

I also am worried this lawsuit will backfire and they will take away the right to sell baked goods at market. That would be awful!

I'm sure there have been other people try to sue without changing. More states are adding the home based vendor laws , sometimes they are called 'cottage' industries.