77 79 Lessing Road ZB 25 1 Planning Review Rev1 February 19 2025

11 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 (e) An applicant for a cottage food operator permit shall ascertain and comply with applicable local laws of the municipality in which the applicant seeks to operate a cottage food operation. § 8:24-11.2 Authorized cottage food operator activity (a) A Cottage Food Operator Permit authorizes a holder thereof: 1. To produce cottage food products in the private kitchen of the operator's residence and at no other location; and 2. Subject to N.J.A.C. 8:24-11.5, to distribute cottage food products to consumers thereof without being subject to initial or periodic inspection by a health authority and other requirements applicable to retail food establishments pursuant to this chapter and the Public Health Practice Standards of Performance for Local Boards of Health in New Jersey at N.J.A.C. 8:52, other than as specified in this subchapter. (b) A cottage food operator may transact activities that are ancillary to the delivery or relinquishment of cottage food products to a consumer by means of United States postal mail, common carrier, electronic communication, internet, and/or telephone, provided the delivery or relinquishment of cottage food products occurs in New Jersey in compliance with N.J.A.C. 8:24-11.3(a). 1. Authorized ancillary transactions include: i. Accepting order placements; ii. Receiving payments; iii. Engaging in marketing or advertising activities; and iv. Participating in other business activities other than cottage food product delivery and relinquishment. § 8:24-11.3 Prohibited cottage food operator activity (a) A cottage food operator shall not deliver or relinquish cottage food products: 1. At a location other than: i. The home of the cottage food operator, but not for onsite consumption; ii. The home of the consumer, provided the home is in New Jersey; iii. A New Jersey farmers' market or farm stand; iv. To consumers, at a New Jersey temporary retail food establishment; or