Michigan Regulations for Selling

[vinkandy]

We've had a lot of friends, neighbors, family etc... Ask if we would sell to them. What advice do you have regarding liabilities. To just sell to friends doesn't seem like a big risk, bit curious what everyone's experience is with this. I contacted my insurance agent today and their underwriter doesn't have experience covering this. I was thinking if things go well this year, we'll look into an LLC. Thanks in advance!

[Greenthumb]

It falls under the michigan cottage food industry if not selling more than $15000 Worth. Keep things clean and should have no problems. We sell to freinds and Co workers. Here is the link to the state laws
http://www.michigan.gov/mdard/0,4610,7-125-50772_45851-240577--,00.html

[vinkandy]

Thanks! I did complete the MSU Cottage Foods Webinar/Certificate training. I just wasn't sure if I should have additional coverage. We practice FDA compliance the best we can when making and bottling the syrup. Thanks again.

[mully84]

We've had a lot of friends, neighbors, family etc... Ask if we would sell to them. What advice do you have regarding liabilities. To just sell to friends doesn't seem like a big risk, bit curious what everyone's experience is with this. I contacted my insurance agent today and their underwriter doesn't have experience covering this. I was thinking if things go well this year, we'll look into an LLC. Thanks in advance!


We have Michigan Farm Bureau, and since we have a hobby farm during the summer that we sell produce from we have a million $ liability insurance that covers the farm and it's products. I think we end up paying about $150-200 more a year for it. Well worth it. Incase something happens on or off the farm. Something to look into.

50taps
2 x 3 mason evaporator pan with custom fire box
1 wife that is patient and understanding.

[Cedar Eater]

Thanks for asking this. I was thinking along these lines.

[David in MI]

I haven't read the laws pertaining to maple syrup production for sale in a year, perhaps two, but I don't remember this particular blurb being present the last time I read it.

"Honey and maple syrup producers who meet the licensing exemptions still must meet all requirements of the Michigan Food Law, including sanitation, building construct and design, employee hygiene, etc."

This would seem to present a significant obstacle to most producers. Anyone have a link to the requirements in the law?

[Cedar Eater]

I haven't read the laws pertaining to maple syrup production for sale in a year, perhaps two, but I don't remember this particular blurb being present the last time I read it.

"Honey and maple syrup producers who meet the licensing exemptions still must meet all requirements of the Michigan Food Law, including sanitation, building construct and design, employee hygiene, etc."

This would seem to present a significant obstacle to most producers. Anyone have a link to the requirements in the law?

Here is a link to the Michigan Food Law (http://www.michigan.gov/documents/mdard/FOOD_LAW_Eff_10-1-12_8-14-12_396680_7.pdf).

289.1105 Definitions; A to C; unsafe substances, additives, or chemicals.
Sec. 1105. (1) As used in this act:
(c) "Agricultural use operation" means a maple syrup production facility or similar food establishment that
finishes a raw commodity and is integral to the agricultural production of, and is located at, a farm. An
agricultural use operation is not considered a food processor or retail processing operation for purposes of
personal or real property but must meet those same standards and licensing requirements as prescribed in
this act.

So any applicable requirements for a food process or retail processing operation would be covered by this requirement. There is an exemption from licensing and inspection, but it would still be a violation of the law to not meet the standards. At least that's the way I read it.

[David in MI]

Here is a link to the Michigan Food Law (http://www.michigan.gov/documents/mdard/FOOD_LAW_Eff_10-1-12_8-14-12_396680_7.pdf).

289.1105 Definitions; A to C; unsafe substances, additives, or chemicals.
Sec. 1105. (1) As used in this act:
(c) "Agricultural use operation" means a maple syrup production facility or similar food establishment that
finishes a raw commodity and is integral to the agricultural production of, and is located at, a farm. An
agricultural use operation is not considered a food processor or retail processing operation for purposes of
personal or real property but must meet those same standards and licensing requirements as prescribed in
this act.

So any applicable requirements for a food process or retail processing operation would be covered by this requirement. There is an exemption from licensing and inspection, but it would still be a violation of the law to not meet the standards. At least that's the way I read it.

Looking for the specifics on building construct & design.

[Cedar Eater]

Looking for the specifics on building construct & design.

My guess would be in the FDA regulations.

[Cedar Eater]

289.7101 Compliance with federal regulations; exception.
Sec. 7101. Subject to section 1119(2), a food processor and a food warehouse shall comply with 21 CFR part 110,...


21 CFR Part 110.20(b) (http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?CFRPart=110&showFR=1&subpartNode=21:2.0.1.1.10.2) covers plant construction and design.

[vinkandy]

It turns out, since my annual sales will be less than $1,000.00 that my Homeowners underwriter will cover it under our homeowners insurance policy. I'm still operating in parallel with the FDA regulations and practicing compliance. Thanks for all the feedback. Looks like it's a common subject for many of us.