New Vermont food labeling rule raises concern among some purveyors of homemade food

A new Vermont Department of Health rule requires food producers who work out of a home kitchen to put a safety disclaimer onto their products — raising concerns among some purveyors that the state is taking too firm a hand in regulating such small businesses.

The rule applies, in part, to certain small food manufacturers — also known as “cottage” food producers — who bring in less than $10,000 in annual gross sales, or, if they’re a baker, less than $6,500 in annual gross sales. Under existing policies, these producers are generally exempt from licensing and inspection by the state’s health department.

Starting this month, though, the department will require these producers to add new text to their product labels that reads: “Made in a home kitchen not inspected by the Vermont Department of Health.” It must be printed in at least 10-point type and a color that contrasts with the background of the product’s label, the new state rule reads.

The “Manufactured Food Rule” also includes other measures aimed at standardizing what information home kitchen producers put on their labels. That includes the name of the product, who made it, its ingredients and any major allergens it contains. Other states have also made recent changes to how they regulate “cottage” kitchens.

Many Vermont home producers already include most, if not all, of those details, said Elisabeth Wirsing, manager of the health department’s food and lodging program.

But she said it can be less clear to consumers whether a product was made in a kitchen that’s been inspected for food safety or not. The new disclaimer, she said, is designed to limit consumers’ uncertainty.

“We know that the public assumes that food sold in stores and elsewhere is regulated and inspected, but these products are not,” Wirsing said. “So the requirement provides some transparency to the public consumers about not only the ingredients, but where it was produced, so they can make a risk-based choice for their personal circumstances.”

The health department relies on self-reporting to track the number of “cottage” food producers in the state and so cannot say for sure how many such operations there are, according to Wirsing. About 500 producers have self-reported since 2018, she said, when the paperwork was first made available. She added that state officials contacted everybody who had filled out a certification form during the rulemaking process.

For some who sell home-produced foods, though, the disclaimer requirement raises concerns about the state’s role in regulating an industry that’s long had little oversight.

Peter Hopkins of Pownal, who sells homemade condiments including pub cheese and horseradish to support the income from his hops farm, said he worries that customers will be put off by the newly-required text — making them less likely to buy his products.

He said he, and other small producers he knows, take kitchen cleanliness seriously.

“These home kitchens are the same facilities where we make food for our children, for our loved ones, for our neighbors, for our PTAs,” Hopkins said. “Does the health department think that we don’t take the same care in providing food for sale?”

One of the places Hopkins sells his condiments is The Apple Barn & Country Bake Shop in nearby Bennington. Sarah Albright, the store’s owner, said she is also worried that the new “home kitchen” disclaimer could harm small businesses.

Albright estimated that about a quarter of her products are “hyper-local,” including food made in home kitchens, and said it’s a major draw for local customers and tourists.

“I think at best, this type of warning label is going to lead to confusion — and at worst, going to cripple those businesses that make Vermont special,” she said.

Wirsing, of the health department, said state officials have heard concerns that the disclaimer could have an impact on product sales, though she contended that the text is “just factual” and meant “just to provide information.”

A national group of people with jobs like Wirsing’s — the Association of Food and Drug Officials — commissioned a national survey last December which found that about 60% of respondents believed that home-based food businesses in their state were regularly inspected for food safety, even when they were not, she said.

At least a dozen other states require a disclaimer to be placed on home kitchen products stating they are made in a facility that’s not inspected, using language similar or identical to what is now required in Vermont, Wirsing said.

“(Regulating) ‘cottage’ foods is a conversation in many states — and trying to understand the public’s perceptions of food safety,” she said. “This is a landscape that is changing, almost daily, across the country.”

She added that the health department is currently conducting outreach about the new labeling requirements, and that it would be months, at least, before officials “even consider” enforcing the change.

Read the story on VTDigger here: New Vermont food labeling rule raises concern among some purveyors of homemade food .