37.110.503 APPROVED COTTAGE FOOD PRODUCTS
(1) Only those products approved by the department and listed in the registration may be produced by a cottage food operation. A cottage food operation is allowed to produce the following food items as long as they are a non-potentially hazardous food:
(a) products that may be cooked in an oven including:
(i) loaf breads, rolls, biscuits, quick breads, and muffins;
(ii) cakes including celebration cakes such as birthday, anniversary, and wedding cakes;
(iii) pastries and scones;
(iv) cookies and bars;
(vi) cereals, trail mixes, and granola;
(vii) pies, except that custard style pies, pies with fresh fruit that is unbaked, or pies that require refrigeration after baking are not approved;
(viii) nuts and nut mixes; and
(ix) snack mixes;
(b) standardized jams, jellies, preserves, and fruit butters as identified under 21 CFR, Part 150, subject to the following:
(i) fresh picked or harvested fruits from noncommercial sources are allowed for use;
(ii) fresh fruits may be frozen in a household freezer and used at a later time;
(iii) all recipes must have a cook step included such as a hot fill or hot water bath, and freezer or refrigerator-style products are not approved;
(iv) all jams, jellies, preserves and fruit butters must be sealed in containers that are sterilized prior to filling; and
(v) paraffin wax is not allowed for sealing;
(c) repackaged, commercially dried fruit or vegetables from an approved source as described in ARM 37.110.510(2), or fresh fruits that:
(i) have a natural pH below 4.6, specifically: apples, apricots, grapefruit, lemons, limes, mangos, nectarines, oranges, peaches, plums, pomegranates, tangerines, blackberries, blueberries, cherries, cranberries, currants, gooseberries, grapes, raspberries, strawberries, and huckleberries; and
(ii) are dried by cottage food operators with the following methods:
(A) during the fruit drying process the fruit must reach 160o Fahrenheit within an hour of processing the fruit;
(B) the fruit must then maintain 140o Fahrenheit for the remainder of the drying process;
(C) dried fruit may not be packaged using any method of reduced oxygen packaging, including vacuum packaging.
(d) dry herb combining and packaging, and seasoning and mixture combining; examples of which are dry bean soup mixes, dry teas and coffees, and spice seasonings;
(e) popcorn, popcorn balls, cotton candy;
(f) fudge, candies, and confections that require a cook step;
(g) molded chocolate using commercial chocolate melts; and
(2) The following provisions apply to the production of cottage food products:
(a) fresh picked or harvested fruits from noncommercial sources are allowed in baked good products;
(b) fresh fruits can be frozen and used at a later time as long as there is a cook step in the recipe; and
(c) 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.
(3) Other products may be approved on a case-by-case basis by the department in consultation with the local health department of the county in which the cottage food operator is registered.
History: 50-50-102, 50-50-103, MCA; IMP, 50-50-102, 50-50-116, 50-50-117, MCA; NEW, 2015 MAR p. 1494, Eff. 9/25/15.