Act 42 (2025) changes the requirements for claiming a licensing exemption for certain types of small food processors. On July 1, the Health Department adopted the Manufactured Food Emergency Rule to align with Act 42 (2025). Food manufacturing establishments are required to immediately comply with the Emergency Rule while the Department conducts rulemaking to adopt a permanent rule.
Act 42 (2025) provides a licensing exemption for cottage food operators that:
This is a request form to submit information to the Vermont Department of Health's Food & Lodging Program for review of your manufactured food product for compliance with the definition of "Cottage Food" in Act 42 (2025). This is not an application for a Cottage Food exemption.
It is the manufacturer’s responsibility to ensure the food product meets the definition of "cottage food product.” If you are not sure if your product qualifies, you can request that the Health Department review your product by completing this form to have certainty that your product is a qualifying cottage food product.
Cottage food products are defined in law as foods sold by a cottage food operator that do not require refrigeration or time/temperature control for safety, including:
- non-potentially hazardous baked goods
- candy
- jams and jellies
- dry herbs
- trail mix
- granola
- cereal
- mixed nuts
- flavored vinegar
- popcorn
- coffee beans
- dry tea
- home-canned pickles, vegetables, or fruits with an equilibrium pH value of 4.6 or lower or a water activity value of 0.85 or less that are made using recipes approved by the National Center for Home Food Preservation or reviewed by a food processing authority for safety
This is not a complete list of products that meet the definition. You do not need to seek approval from the Health Department for foods that meet the definition of “cottage food product” above, even if the product is not included in the list.
Please answer the questions completely for a review to be completed. Insufficient information will delay the review process.