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Too Tall
02-08-2016, 08:14 PM
I've read and tried to make sense of the Michigan Food Law...apparently I'm not smart enough to figure it out.


I will probably make 30-40 gallons of syrup this year and would like to sell some of it to friends/acquaintances. I will finish and bottle it in my kitchen at home. I will probably only make $1000 if I sell everything I want to sell.

I understand that I need to put a label on the bottle with Name, contact info, "not produced in an inspected facility (or whatever)".


Other than that, am I good to sell my syrup? There is some funny wording about Maple Syrup not being a "Cottage Food" and that I have to comply with Michigan Food Law re: Building Construction.


Is anyone in a similar situation that has some advice for me? Thanks.

Cedar Eater
02-08-2016, 09:01 PM
Yes. Michigan is under the impression that making syrup cannot be done exclusively in a kitchen and requires a sugar shack built to commercial standards. I don't think there will be an inspection required, but possibly.

Snappyssweets
02-09-2016, 05:46 AM
I went through all this last year its really fresh in my mind.

So here is Michigan's laws.

A producer of Maple Syrup, is able to process their syrup inside their home kitchen. (Cottage)
This is under the Michigan laws considered part of the Cottage food laws.
You MUST label the bottles. The must have on the label.

The statement this item is produced in a kitchen not inspected by (As you posted above)
The name of the provider
The address of the place processed.
The weight (amount of syrup in the bottle) in ounces It can not be labeled strictly as a pint half pint or quart it must be in the ounces.

With this you are allowed to sell your syrup to public, in farmers markets and to commercial stores for sale to public.
You can earn up to fifteen thousand dollars off this process.
If you earn more then fifteen thousand dollars then you surpass the Cottage Food Law and you then must submit to state inspections and use a commercial kitchen that has passed all tests and follows regulations.

Also everyone should know. In Michigan you can also do the same with Honey. You are allowed to earn fifteen thousand dollars in Honey too. Which means if you are capable you can earn 30 thousand a year between the two.

You also can sell candy (made of your honey and maple) which is considered yet again another separate item and its also allowed to earn up to fifteen thousand.
Candy, jams, baked goods and such are all considered one type of cottage food. Honey is its own category as is Maple.. So you could essentially earn 45 thousand dollars a year in cottage food law items a year.

Hope this all helped out. Oh and be sure to keep records because as we all know. If the IRS /Federal/State thinks there are taxes owed they will be knocking on your door to recover what they feel you are trying to hide and shelter from them.

MISugarDaddy
02-09-2016, 05:49 AM
You are correct...you must meet all food sanitation requirements in the Michigan Food Law, even though you are a "cottage industry". That is why my wife and I decided to go ahead and get licensed by the State instead of going the cottage industry route which we did for a couple of years. We got tired of having people look at the label that you have to put on the container and ask just what that meant. We figured it was worth the $70 for the license.
Gary

Too Tall
02-09-2016, 08:39 PM
Thanks for the replies. Now I'm even more confused.

Here's an excerpt of the MDARD cottage foods FAQ:

E. Michigan Maple Syrup and Honey Licensing Exemptions

Under the Michigan Food Law, honey or maple syrup retail outlets and processing facilities operated by the producer are exempt from licensure, if gross sales are $15,000 or less.

Honey and maple syrup are not considered cottage foods, because the regulatory requirements and exemptions have some significant differences.


I sent an email to Richard Dethlefsen at MDARD and explained my situation. He replied that I am good to go. I sent him a second email just to confirm, in which I reiterated that I will be bottling in my kitchen and he replied with this:

Sorry, but no, you cannot produce it in your kitchen and sell under the cottage food law.

Rick



So.....Can I finish maple syrup in my kitchen, bottle it in my kitchen and sell it to friends and family? MDARD says no. The FAQ's seem to say no. Everyone on this site seems to say yes. I can't figure it out. Anyone else want to chime in?

MISugarDaddy
02-10-2016, 06:40 AM
Too Tall,

According to the law, your conclusion is correct and Richard's final email response supports your conclusion. I just reread the law (trust me I have read this law countless times) and the following excerpt is what Richard is basing his statement on: "Due to the nature of honey and maple syrup products and the equipment needed to process them, it is not possible to produce honey and maple syrup in a home kitchen and still meet the basic food processing requirements. Honey and maple syrup must be produced in a facility that meets basic processing requirements, as outlined in the Michigan Food Law." Based a statement that preceded the quote above, the distinction with maple syrup (and honey) is that maple syrup (and honey) require time and/or temperature control for safety cannot therefore be produced in a home kitchen.

Hope this helps.
Gary

rayi
02-10-2016, 07:18 AM
Read E under the law Honey and maple syrup are exempt from both license and cottage foods. Wish I could post a link but I googles Michigan cottage food law and got the new info.

rayi
02-10-2016, 07:24 AM
E. Michigan Maple Syrup and Honey Licensing Exemptions


Under the Michigan Food Law, honey or maple syrup retail outlets and processing facilities operated by the producer are exempt from licensure, if gross sales are $15,000 or less.

Honey and maple syrup are not considered cottage foods, because the regulatory requirements and exemptions have some significant differences. They do, however, have their own set of licensing exemptions under the law. Here are some of the basic differences and similarities between honey and maple syrup regulations and those for cottage foods:
•Honey and maple syrup producers who meet licensing exemptions must follow the same labeling requirements for their honey and maple syrup as those outlined for cottage food products. (Note: because honey and maple syrup cannot be processed in a home kitchen, the labeling requirement should read, "Processed in a facility not inspected by the Michigan Department of Agriculture & Rural Development."
•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.
•Due to the nature of honey and maple syrup products and the equipment needed to process them, it is not possible to produce honey and maple syrup in a home kitchen and still meet the basic food processing requirements. Honey and maple syrup must be produced in a facility that meets basic processing requirements, as outlined in the Michigan Food Law.
•Honey and maple syrup producers can wholesale their products, including to grocery stores and other retailers who will then resell them, as long as they are labeled correctly. Honey and maple syrup producers are not limited to direct sales as cottage food products are.

This is a quote from the law. If you label correctly and you gross less than $15,000 you are exempt from the law

rayi
02-10-2016, 07:39 AM
E. Michigan Maple Syrup and Honey Licensing Exemptions


Under the Michigan Food Law, honey or maple syrup retail outlets and processing facilities operated by the producer are exempt from licensure, if gross sales are $15,000 or less.

Honey and maple syrup are not considered cottage foods, because the regulatory requirements and exemptions have some significant differences. They do, however, have their own set of licensing exemptions under the law. Here are some of the basic differences and similarities between honey and maple syrup regulations and those for cottage foods:
•Honey and maple syrup producers who meet licensing exemptions must follow the same labeling requirements for their honey and maple syrup as those outlined for cottage food products. (Note: because honey and maple syrup cannot be processed in a home kitchen, the labeling requirement should read, "Processed in a facility not inspected by the Michigan Department of Agriculture & Rural Development."
•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.
•Due to the nature of honey and maple syrup products and the equipment needed to process them, it is not possible to produce honey and maple syrup in a home kitchen and still meet the basic food processing requirements. Honey and maple syrup must be produced in a facility that meets basic processing requirements, as outlined in the Michigan Food Law.
•Honey and maple syrup producers can wholesale their products, including to grocery stores and other retailers who will then resell them, as long as they are labeled correctly. Honey and maple syrup producers are not limited to direct sales as cottage food products are.

Direct from the MDARD site. If you sell less than $15000 and you label correctly you are exempt

Cedar Eater
02-10-2016, 09:52 AM
So.....Can I finish maple syrup in my kitchen, bottle it in my kitchen and sell it to friends and family? MDARD says no. The FAQ's seem to say no. Everyone on this site seems to say yes. I can't figure it out. Anyone else want to chime in?

The problem isn't where you finish it. It's where you boil it down and temporarily store the unfinished nearup. Suppose you boiled it down in a shed that had a galvanized metal roof or bird nests or pressure treated lumber above the evaporator and then took it inside and finished it. Or suppose you stored the nearup in snow banks that squirrels could get into. The quality control is just not there.

rayi
02-10-2016, 10:06 AM
So what is the exemption?

lpakiz
02-10-2016, 10:14 AM
I'm still confused. Does the first sentence, referencing the $15,000, exempt you from all the rules FOLLOWING the first sentence?

Cedar Eater
02-10-2016, 10:43 AM
So what is the exemption?

The exemption, as I understand it, is that most products made as cottage foods can only be sold at farm markets and similar non-retail outlets or on the premises of the producer. But maple-syrup made in a building that meets the specs of a commercial kitchen can be sold in small retail stores and still have similar labeling requirements as cottage foods which can't be. This keeps the hobby syrup producer from having to set up his sugar shack as a retail outlet and allows small stores to sell a local product as a tourist attraction.

rayi
02-10-2016, 11:24 AM
So all you people that don't have a Michigan "safe food kitchen" which according to the state have 3 sinks half the size of your evaporator send your contacts to me. I will sell them syrup. And all you people that make syrup outside are criminals if any one but immediate family so much as tastes your product

Cedar Eater
02-10-2016, 01:06 PM
So all you people that don't have a Michigan "safe food kitchen" which according to the state have 3 sinks half the size of your evaporator send your contacts to me. I will sell them syrup. And all you people that make syrup outside are criminals if any one but immediate family so much as tastes your product

:lol: Maybe there should be a label that says "Boiled outside with birds flying over and raccoons doing their business in the snow (and stuff). Consume at your own risk." :lol:

rayi
02-10-2016, 01:28 PM
Boiled bird ****. And I suppose you never found a bug in your sap. Some one once said they found a mouse and others talked about how people used to pee in road side buckets.

Cedar Eater
02-10-2016, 01:44 PM
Boiled bird ****. And I suppose you never found a bug in your sap. Some one once said they found a mouse and others talked about how people used to pee in road side buckets.

:lol: Mice probably add an interesting meaty flavor. But the purpose of the law requiring commercial kitchens when selling foods that cannot be entirely processed within a home kitchen is not to ensure safety. It's to give the impression that the state government is acting in compliance with the FDA regulations for retail store food sales. If the state inspection and protection scheme is deemed to be non-compliant, the federal government will step in and start showing up at every mom-and-pop-shop.