Official Newspaper of Eddy County since 1883
Official Newspaper of Eddy County since 1883
Food. It’s part of the holiday tradition. Think soups, kuchens or oven-baked bread. Don’t forget the jams and sauces, pickles and relishes, chocolate truffles or tamales. Oh my. The list goes on in so many directions depending on your background or preferences.
Unfortunately, not all of us are skilled or able to prepare such delicacies to grace the holiday table. So where would one find a gourmet jelly or a freshly prepared rhubarb-strawberry cheesecake? You’d probably start asking around. If you’re lucky, you’d be directed to the right person who makes and sells such treats.
On April 12, 2017, Gov. Doug Burgum signed the North Dakota Food Freedom Act. This piece of legislation allows for the direct sale of uninspected homemade products known as cottage foods, effectively removing regulatory barriers that impede the growth of small food businesses. This law provided opportunities for the direct sale of uninspected homemade products including baked goods, jams, jellies and pickles, as well as some farm products, including eggs.
Chapter 23-09.5 of the North Dakota Century Code is an imperative resource for anyone transitioning from hobby cook to cottage food producer. It helps producers understand exactly what is required. For example, “a cottage food operator shall label all cottage food products that require refrigeration such as baked goods containing cream, custard, meringue, cheesecake, pumpkin pie, and cream cheese, with safe handling instructions and a product disclosure statement indicating the product was transported and maintained frozen.”
These rules make sense and help ensure that the customer enjoys a quality product. Even more, they help potential cottage food producers understand what exactly is needed to prepare and sell safe food. It’s been a good thing. The number of cottage food producers in our area has increased in the past two years alone. I mean, did you see the Summer Street Market in New Rockford this year?
Cottage food producers have some really exciting stuff to offer. There’s no doubt about that. And each year they are in operation, the more they can grow. Who knows, with a couple years of experience and a small business grant, maybe some of the area cottage food businesses will be able to scale up into a commercial kitchen. Talk about homegrown!
But now, the cottage food producers are under threat of over-regulation. The North Dakota Legislature’s Administrative Rules Committee will be meeting on Tuesday, Dec. 3. On the agenda is a set of controversial rules prepared by the North Dakota Department of Health which are being considered for adoption.
In an optimistic yet vague press release, the North Dakota Department of Health announced that the North Dakota State Health Council had approved this set of proposed rules for cottage food products on Oct. 28.
For fear that I might lose access to my favorite foods, I had to learn more, so I located the proposed rules available at https://www.ndhealth.gov/foodlodging/CottageFood.asp
Under these proposed rules the following cottage food products are authorized for sale:
• Baked goods.
• Home-processed fresh-cut fruits and vegetables that are dehydrated or freeze-dried and have a safe moisture level.
• Home-processed fresh-cut fruits and vegetables that are blanched and frozen
• Uninspected raw poultry pursuant to N.D.C.C. 23-09.5-02(3)(d).
However, under these proposed rules the following products would NOT be authorized for sale as cottage foods:
• Meat, wild game, fish, seafood, or shellfish, or products containing such items. Only raw poultry or shell eggs are authorized by chapter 23-09.5-02(3)(d).
• Home-canned products, unless the products are high acid or acidified foods that are processed and canned in this state and the pH level is verified by a calibrated pH meter.
• Food that requires time and temperature control for safety, unless the food is otherwise authorized under this section or meets the requirements of this subsection.
• Dairy, unless properly pasteurized and used as an ingredient.
• Wild-harvested non-cultivated mushrooms.
• Alcoholic beverages.
• Animal feed or any products not intended for human consumption.
Honestly, the biggest shock here is that this legislation would make homemade animal treats contraband. Perhaps that’s for another article.
The list itself is seemingly harmless. However, the devil is the details. There’s a “Safe Handling and Product Disclosure Statement” which includes extensive (perhaps excessive) labeling requirements. This also includes prohibiting the sale of ready to eat items.
Many producers share concerns about the regulation of their products. (Not so much on the health and safety concerns.) After all, their goal is to deliver delicious food items. Among those I have spoken with, the fear is that the originality of their food products would be threatened through the standardization of the process.
I say our cottage food processors have the skills, knowledge, and regulations in place they need to prepare and deliver foods that are unlike anything else on earth. If you feel the same, please contact committee members and ask them to tell the Health Department “No Rules” which restrict cottage foods. Committee members include Representatives Bill Devlin (Chairman), Rick Becker, Josh Boshee, Kim Koppelman, Andrew Marscall, Brandy Pyle, Dan Ruby, Bernie Satrom, Vicky Steiner, Nathan Toman, Robin Weisz and Senators Joan Heckaman, Jerry Klein, Randy D. Lemm, Nicole Poolman, and David S. Rust.
Rachel Brazil is a writer and copy editor at the “New Rockford Transcript.” She holds a dual master’s degree from the University of Wyoming in American Studies and Natural Resource Management.
