Farmer's Market Cottage Foods

Cottage Foods

As of 2012, the State of Alaska amended 18 AAC 31 to allow small food producers of non potentially hazardous foods to produce said products in their home kitchens as long as they operate within the specified guidelines.

Doing Business Under Alaska's Cottage Foods Exemptions for the Small Producer (Publication in process)

DEC Food Safety and Sanitation Webpage on Home Based Food Businesses


Exemptions as stated in the Alaska Food Code:

18 AAC 31.012. Exempt activities and facilities. (a) Except for meat, poultry, or a food product containing meat or poultry, the processing, preparation, packaging, and sale of food that is designated a nonpotentially hazardous food under 18 AAC 31.985(c) is not subject to this chapter if the individual who is processing, preparing, packaging, and selling the food product

(1) has, and can provide to the department and consumers, detailed knowledge about the ingredients of the food product, and about how the food product was processed, prepared, and packaged;

(2) has, and can provide to the department, for each food product being processed, prepared, and packaged under this subsection, documentation of the food product’s

(A) formulation or recipe;

(B) pH value; and

(C) water activity value;

(3) processes, prepares, and packages the food product in this state;

(4) labels a food product that is packaged with the individual’s

(A) Alaska business license number issued under 12 AAC 12; or

(B) name, physical address, and telephone number;

(5) restricts the total gross receipts of sales of all food products sold under this subsection to less than $25,000 within a calendar year;

(6) sells the food product in this state, directly to consumers; a food product sold under this subsection may not be distributed wholesale or by mail order or consignment; and

(7) displays conspicuously to consumers the statement “THESE PRODUCTS ARE NOT SUBJECT TO STATE INSPECTION,” if the food is not processed, prepared, or packaged in a permitted, approved, or inspected facility; to comply with this paragraph, the statement must be

(A) set out on a card, placard, or sign that is conspicuously posted at the point of sale; or

(B) conspicuously displayed on the label of each food product that is packaged.

(b) Except as otherwise provided in this subsection, the following activities and facilities are not subject to this chapter:

(1) the sale, extraction, or packaging of raw honey;

(2) custom processing of an individual’s sport-caught seafood or game meat, except as provided under 18 AAC 34 for smoking or thermal processing of seafood;

(3) the packaging and sale of raw, whole vegetables, herbs, microgreens, and fruit if the vegetables, herbs, microgreens, and fruit are offered

(A) in their natural state; or

(B) after rinsing, trimming of unnecessary parts, or separating greens from roots;

(4) the harvesting and evaporation of tree sap; however, further processing for wholesale distribution of tree sap, including packaging, is subject to this chapter;

(5) the harvesting or cleaving of glacier ice if the glacier ice is exported from the state without further processing;

(Note: There are further exemptions in this chapter, however they do not apply to small food processors.)


For help determining if your food business may be able to operate under the Exemptions above, please contact: Kate Idzorek, kjidzorek@alaska.edu; 907-474-5391.
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