What You Can Produce:

According to the new regulations, you will be allowed to make in your home kitchen the following items for sale: 

        • Baked goods, including bread, rolls, biscuits, cakes, cupcakes, pastries, and cookies
        • Candy, including brittle and toffee
        • Chocolate-covered nuts and dried fruit
        • Dried fruit
        • Dried herbs and seasonings, and mixtures thereof
        • Dried pasta
        • Dry baking mix
        • Fruit jams, fruit jellies, and fruit preserves
        • Fruit pies, fruit empanadas, and fruit tamales (excluding
        • pumpkin)
        • Fudge
        • Granola, cereal, and trail mix
        • Honey and sweet sorghum syrup
        • Nuts and nut mixtures
        • Nut butters
        • Popcorn and caramel corn
        • Roasted coffee and dried tea
        • Vinegar and mustard
        • Waffle cones and pizzelles
        • Upon written application to the Public Health and Food Protection Program, other non-TCS food 

What You Can Produce FAQs:

I keep seeing the term “non-TCS”- what does this mean?

TCS and non-TCS refer to “temperature-controlled for safety.” Broadly, this means any foods that do not require additional preparation or initial refrigeration. Yes, we know that many of you refrigerate your goods to maintain shape and appearance, but this is an aesthetic choice, not because of safety. Scientifically, TCS and non-TCS foods have a specific moisture content that defines which category they fall into. 

So, will I be able to use butter and other dairy products in my frostings and fillings, such as buttercream? 

We are currently researching this question for you. Butter is a shelf-stable food, but we want to make sure that we can tell you which types of frostings will be allowed. Other states have allowed the use of lab-tested recipes and even released recipe booklets of what’s permissible in-state, and we may be able to do something similar. Please be patient as we clarify this matter so everyone stays on the same page. 

What about “major allergen” ingredients like peanuts? Can I use them?

We’ll go a bit more into this in the Labeling Requirements section, but yes, you may use the major allergen ingredients as long as they are correctly marked on your labels. The current list of allergens considered to be “major” are:

        • Milk
        • Eggs
        • Fish
        • Crustacean shellfish
        • Tree nuts
        • Wheat
        • Peanuts
        • Soybeans