36-932. Labeling; food handler certification; sale and delivery requirements
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/az/title-36/36-932A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. Cottage food products must be packaged at home with an attached label in a clear and legible printed or handwritten font that does all of the following:
1. Clearly states the name and registration number of the food preparer.
2. Lists all the ingredients in the cottage food product and the cottage food product's production date.
3. Includes the following statement: "This product was produced in a home kitchen that may come in contact with common food allergens and pet allergens and is not subject to public health inspection."
4. If the cottage food product was made in a facility for individuals with developmental disabilities, discloses that fact.
5. Includes a website address provided by the department that includes all of the following:
(a)Contact information for consumers to report foodborne illnesses.
(b)Information on how to verify a food preparer's active registration status.
(c)Contact information for reporting issues regarding a food preparer's registration status.
B. If a cottage food product is offered for sale online, the food preparer must provide a prominent notification that includes all of the following:
1. The name and registration number of the food preparer.
2. A list of all ingredients in the cottage food product and the cottage food product's production date.
3. The following statement: "This product was produced in a home kitchen that may come in contact with common food allergens and pet allergens and is not subject to public health inspection."
4. A website address provided by the department that includes all of the following:
(a)Contact information for consumers to report foodborne illnesses.
(b)Information on how to verify a food preparer's active registration status.
(c)Contact information for reporting issues regarding a food preparer's registration status.
C. The person preparing the cottage food product or directly supervising the food preparation must complete a food handler training course from an accredited program and maintain active certification. The food preparer must register with the online registry established by the department pursuant to section 36-136, subsection I, paragraph 13. The food preparer must display the preparer's certificate of registration when operating as a temporary food establishment.
D. A food preparer:
1. Except as otherwise provided in this article, may sell cottage food products to the maximum extent allowed by federal law.
2. May not store cottage food products or food preparation equipment outside of the food preparer's home.
E. Cottage food products may be sold and delivered only under the following conditions:
1. Cottage food products that do not contain dairy, meat or poultry must be sold by the food preparer of the cottage food product or an agent of the food preparer, including a third-party vendor, and delivered to the consumer by the food preparer, the agent of the food preparer, the third-party vendor or a third-party carrier.
2. Cottage food products that are dairy products or that contain meat or poultry must be sold by the food preparer of the cottage food product in person or remotely, including over the internet but excluding third-party food delivery platforms, and delivered to the consumer in person.
3. If a cottage food product is potentially hazardous or requires time or temperature control for safety and is transported before final delivery to consumers, the cottage food product must be maintained at an appropriate temperature during transport, cannot be transported more than once and cannot be transported for longer than two hours.
4. If a cottage food product is sold by a third-party vendor, the cottage food product must be sold in a separate section of the store or on a separate display case from nonhomemade food items and the vendor must display a sign that indicates that the cottage food products are homemade and exempt from state licensing and inspection.
F. A cottage food product may not:
1. Be used as an ingredient in food products sold at a permitted retail food establishment.
2. Include marijuana or marijuana by-products.
G. A cottage food product shall contain only ingredients that are from sources that are approved by law.
H. A home kitchen that is used to prepare cottage food products may not operate as a commissary for the purposes of section 36-1761.