Section SAF.05.06 — Cottage Foods

(a) The Tribe permits the sale of cottage foods consistent with this ordinance.

(b) Cottage foods shall be safe, unadulterated and not presented in way to mislead consumer, such as with additives or packaging to misrepresent the true appearance, color or quality of the food.

(c) Sellers of cottage foods shall not re-package or re-label similar items in order to offer for sale as a cottage food.

(d) Requirements for sale of cottage foods.

(1) Signs. The seller must have a sign at the place of sale stating: "These foods are homemade and not subject to inspection."

(2) Labels. The seller shall label each container of food product with a label that includes the following information:

(A) The name of the item.

(B) The name and address of the person who prepared it.

(C) The date the item was made.

(D) The following statement: "This product was made in a private home not subject to licensing or inspection."

(E) A list of ingredients in descending order of prominence.

(i) The common or usual name for the ingredient should be used.

(ii) Major food allergens should be identified, as applicable.

(iii) For example, instead of listing "flour" as an ingredient, "wheat flour" should be listed or list "pecans" instead of "nuts."

(3) Sellers of cottage foods shall complete the Tribe's food handler training.

(e) The following are foods that typically are considered safe and so are appropriate for sale as cottage foods.

(1) Baked goods such as:

(A) Cookies and brownies;

(B) Cakes and cupcakes that do not contain fillings or frostings that need refrigeration;

(C) Muffins and scones;

(D) Cooked fruit pies (other than custard, cream, pumpkin or sweet potato that require compliance with TCS standards to be safe);

(E) Breads (other than focaccia-style ones with meat, vegetable or cheese toppings that require compliance with TCS standards to be safe); and

(F) Sweet breads (including fruit breads, such as banana or zucchini).

(2) Shelf-stable, canned foods with an equilibrium pH value of 4.6 or lower, such as:

(A) Jams and jellies made from acid foods like fruits;

(B) Jellies that contain small amounts of non-acid foods, like peppers, and have a finished equilibrium pH that does not significantly differ from the predominant acid or acid food;

(C) Acidified foods like pickles; and

(D) Acidified salsa (fresh salsas are a TCS food).

(3) Candies and chocolates.

(f) Foods that may not be offered for sale as cottage foods (or may only be sold if TCS controls are in place).

(1) Sales of the following types of foods are not permitted without TCS controls, such as an adequate means of keeping foods refrigerated, as there is an increased likelihood of such foods not being safe for consumption:

(A) Baked goods with cream, custard, pumpkin, or meat fillings

(B) Cheesecakes

(C) Chocolate covered fruit

(2) Sales of low-acid canned goods, such as meats and most vegetables other than tomatoes, are not permitted.

(3) Foods that require TCS controls.