A cottage food operation is allowed to produce food items that are nonpotentially hazardous. Subsection (1) of this section lists acceptable cottage food products. Although this list is not all inclusive, it provides for most types of approved cottage food products. Only those products approved by the department and listed in the permit may be produced:

(1) Baked goods and fried products cooked in an oven, on a stove top, or in or on an electric device designed for cooking food including:

(a) Loaf breads, rolls, biscuits, quick breads, and muffins;

(b) Cakes including celebration cakes such as birthday, anniversary, and wedding cakes;

(c) Pastries and scones;

(d) Cookies and bars;

(e) Crackers;

(f) Cereals, trail mixes and granola;

(g) Pies, except that custard style pies, pies with fresh fruit that is unbaked or pies that require refrigeration after baking are not approved;

(h) Nuts and nut mixes;

(i) Snack mixes; and

(j) Donuts, tortillas, pizzelles, krumkake, and similar products.

(2) Nonpotentially hazardous candies cooked on a stove top or in a microwave, provided the operator maintains proper temperature control through the use of a candy thermometer. Such products include:

(a) Molded candies and chocolates;

(b) Products dipped or coated with candy or chocolate coatings;

(c) Fudge or fudge-like candies;

(d) Caramels;

(e) Nut brittles; and

(f) Taffy and marshmallow-like candies.

(3) Standardized jams, jellies, preserves and fruit butters as identified under 21 C.F.R. 150.

(a) Fresh picked or harvested fruits from noncommercial sources are allowed to be used.

(b) Fresh fruits can be frozen in a home style freezer and used at a later time by the cottage food operation.

(c) All recipes must have a cook step included such as a hot fill or hot water bath. No freezer or refrigerator style products are allowed.

(d) All jams, jellies, preserves and fruit butters must be sealed in containers that are sterilized prior to filling.

(e) Wax paraffin is not allowed to be used for sealing.

(4) Recombining and packaging of dry herbs, seasoning and mixtures that are obtained from approved sources (e.g., dry bean soup mixes, dry teas and coffees, spice seasonings, etc.).

(5) Vinegars that are obtained from approved sources and are rebottled in the cottage food operation. Flavors such as fruits and herbs may be added to the vinegars.

(6) The recipe for each variation of a product must be submitted with the application, kept on file at the cottage food operation location and recipes are subject to public disclosure.

(7) Fresh picked or harvested fruits from noncommercial sources are allowed to be used. Fresh fruits can be frozen in a home style freezer and used at a later time by the cottage food operation as long as there is a cook step in the recipe.

(8) All frostings or glazes must have a cook step or be made with ingredients (such as a large amount of sugar) that when combined are stable at room temperature.