Home Baked and Confectionery Goods

Frequently Asked Questions (FAQs)

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My home kitchen is too small to use for preparing my home baked and confectionery goods. Can I make my products somewhere else?

No, all home baked and confectionery goods prepared by a registrant of the program must be prepared at the registrant's home.

I have registered for the Home Baked and Confectionery Goods Program but did not receive an email confirming my registration. How do I know if I have been successfully registered into the program?

All registrants will receive an email to either confirm the registration or to request additional information that is required to complete the registration process. Check your junk mail folder or contact our program at homebakedgoods@azdhs.gov if you did not receive an email from the Home Baked and Confectionery Goods Program after completing and submitting the registration form.

I want to sell brownies at a local store, how do I do this under the new law?

Get your food handler card (if offered in your county) and then register online with the Home Baked and Confectionery Goods Program. You will receive an email stating you are enrolled in the program. Once you receive confirmation of your registration, follow the guidelines for developing a package label and start making your product. As long as your product has the appropriate label, it can be sold in a retail food establishment. Example: You sell whole fruit pies to Restaurant ABC and provide the appropriate label. They can sell slices of that pie to their customers as long as they notify the customer that it was made in a private home. The law requires that this information be given to the final consumer of the product.

What types of products can I make to sell?

Only home baked or home prepared confectionery goods are allowed to be sold under this new law. No salsa, jerky, jams, jellies, spice mixes, or any other potentially hazardous foods are allowed. Brownies, cookies, fruit pies, toffee, and divinity are examples of products that qualify.

List of Approved and Non-Approved Products
Approved NOT Approved
Cookies Custards
Sweet breads Puddings
Cakes with hard icings or frostings Cakes with custard fillings
Fruit pies with fruit and sugar fillings Meringues
Candies Cheese cakes
Brownies Pumpkin, cream, or custard pies
Toffee Salsa
Divinity Jerky
Bagels Jams
Donuts Jellies
Tortillas Spice mixes
Muffins Potato chips
Scones Butter and spreads
Kettle corn Plain or unsweetened popcorn
Tarts Tamales

What types of baked goods are considered potentially hazardous?

Custards, puddings, cupcakes or cakes with custard or cream fillings, meringues, cheese cakes, pumpkin, cream or custard pies, and other desserts containing ingredients of animal origin, should be assumed to be potentially hazardous.

Can I give away samples of my home baked goods or confectioneries?

Yes, but each sample must be packaged and labeled as required in the labeling guidelines.

How do I get a food handler card?

Food handler cards are issued by individual counties. If your county does not require a food handler card, you are strongly encouraged to visit the USDA Food Safety and Inspection Service and FoodSafety.gov websites to become familiar with safe food handling practices.

Do I need to have a label with my product?

Yes, you will need to follow the Home Baked and Confectionery Goods Program labeling guidelines. Below is an example of a product label that includes all required information:

Betty Baker's Chocolate Chip Cookies
Home Baked Food Products
1111 N Bakers Lane, Any Town, Arizona, 85007
BettyBaker@email.com or 480-555-1212

Ingredients: white flour, butter, eggs, milk, chocolate chips, pecans, vanilla, baking powder, salt.

This delicious cookie was prepared in a private home.

How do I start a small business?

The Arizona Commerce Authority Small Business Services division has an online “Checklist Program to Start, Operate, and Grow a Business in Arizona” which provides quick answers to commonly asked questions about business licensing, registration, assistance, and resources. Visit AZ Commerce for the step-by-step checklist that will guide you through the basics of starting a small business.

Our developmentally disabled group home wants to make and sell muffins. Do we need to do anything differently?

In this situation, at least one staff person participating in the preparation of the baked goods must have a food handler card, if it is offered in your county. The label on the product must also state that it was prepared in a facility for developmentally disabled individuals.

Can I make and sell dog treats or pet food?

No, the Home Baked and Confectionery Goods law does not cover dog treats or pet food. Animal food, is considered commercial feed and is regulated by the Arizona Department of Agriculture. Learn more here.

Can I sell my home baked and Confectionery goods on-line or outside of Arizona?

The Home Baked and Confectionery Goods Law is specific to Arizona. You can sell your products on-line but only within the borders of Arizona. If you sell your product across state borders, this is considered interstate commerce and is under the jurisdiction and regulation of the US Food and Drug Agency (FDA). Learn more here.

Will I need an inspection of my home kitchen?

No, an inspection is not required.