Frequently Asked Questions

When the Department of Agriculture receives a complaint, they are obligated to investigate.  The reason for the complaint can vary  - packaging, labeling, selling high risk food, or lack of inspection. The reaction by the DoA is to send a letter similar to the one below by certified mail.  If the complaint is for spoiled food or causing illness, a personal visit by the DoA representative would be in order.

The first action of the DoA is to check if the processor is participating in the Home Processing Program. If there is no record, the DoA has no idea what is being produced, if it is low risk, how it is packaged and labeled.

The text of the letter covers all aspects of the Home Processing Program and should be considered a reminder to check the products,  the labeling and the packaging.

Following is the text of the notification with explanations.

It has come to our attention that bakery products produced at your residence located at NC 27370, are being offered for sale in our state. 

• “Come to our attention” means that someone has notified the Department of Agriculture (DoA) that they felt something was wrong. 

Processors of bakery items are included in the inspection program of the Department of Agriculture & Consumer Services. This would include items produced in the home environment. Our records indicate that we do not have you listed in our database as an inspected home processor at the above address.

• The person that called in a complaint has determined that you do not have an inspected kitchen or improper labeling. 

No license is required but food operations such as yours need to be included in our inspection program. 

• This paragraph is very important. Notice the word “need”. It does not say “is required” or “has to be”, just need. 

Information and regulations for home processors can be found at the following website - www.nchomeprocessing.com. 

• Informational

Please keep in mind that in North Carolina, home processors are only allowed to manufacture low-risk, shelf-stable food items. 

• True statement

Homes must be free of pets and have a safe source of water.

• As an inspection is not required, pets in the home is a moot point. 

Products to be sold as consumer self-service type items must be adequately packaged to protect them from contamination. A label must be affixed to the package bearing the common or usual name of the product, a declaration of ingredients in descending order of predominance by weight, the name and complete address of the firm or party responsible for manufacturing the product, a declaration of net quantity of contents, and nutrition labeling information unless exempt from it.

• Proper packaging and labeling is required by a law that is enforceable. The comment about complete address is not true. The law requires “location” and no further detail. The processor determines the meaning of location. 

Please contact the Office at (984) 236-4820 so that a Food Compliance Officer can assist you in getting your operation into our program and subsequently into compliance. 

• Contacting office is the processors choice. There is no apparent consequence if the notice is disregarded. 

If you have changed the name or location of your operation, let us know so that we can update your information.

• Informational. 

* Is a refrigerator allowed?

* Can I have a refrigerator in my farm stand?

* Can I sell from a cooler at market?

The answer is Yes!

We know that low risk cottage food cannot REQUIRE temperature control however the temperature CAN be controlled. 

Some items are not best stored refrigerated such as bread, rolls, biscuits but others are. 

Pastries, chocolate, pie, some cakes can all benefit by being cooled in warm weather and have better customer appeal. 

Note: Refrigerators are meant to cool food in a warm environments. They will not work properly outside in cool/cold weather. 

Then there is the other side of the coin. 

Can I serve warm cottage food?

A warm cookie, cinnamon roll, pastry would be well received as winter approaches especially with face to face sales. 

A heated cooler or warming cabinet would get the job done. 

Common sense and focus on food safety goes a long way.

Any special event or festival that uses public services has to have a permit from either the city or county depending on location.