# What part of processing is processing?



## Oh_Beehave (Apr 8, 2013)

We've had an incredible year this year with a record harvest (for us at least) and have intentions (and now means) to double the operation next year. I've realized this year that in our small community, that 500+ lbs of honey is challenging to retail through a small farmers market and that we may really have trouble moving twice that volume...should we get there. Nebraska's Pure Food Act mimics most cottage laws and, simply put, says that we don't have to 'process' in a commercial kitchen as long as WE directly retail to the consumer. The advantage, as you can imagine, is no inspection/no license/no fees. The disadvantage is: no advertising and no commercial sales (such as those in a grocery store, etc.). The question that I have yet to ask the USDA Health Inspector (Food Cop as the kids call her) is this: what part of the extraction/straining/settling/bottling process is the 'commercial process'? If it's the bottling: GREAT, our home kitchen should meet the requirements; if it's the extraction and bottling process: $*&!, I refuse to extract in our dining room. I've considered renting a commercial kitchen and having it inspected, but the same dilemma applies: how to mitigate the sticky mess and how to handle the 100 or so rogue bees that refuse to leave the super. I haven't asked the War Department, but I know what she'd say. Any insight from those that have overcome this hurdle? I'd be particularly interested in hearing from folks in Nebraska, as it would be a common food law, but am interested in all experiences.

Thanks in advance!
Tom


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## Eikel (Mar 12, 2014)

At least in Illinois I believe the colloquial/layman's distinction lies on the line between wholesale and retail. If you sell directly to the consumer you're considered a hobbyist and fall under the cottage industries regulations. If there's any middlemen between you and the consumer you're commercial. My interpretation of "consignment" sales doesn't violate the cottage regulations any more than a roadside honesty stand as ownership never transfers to the shop owner, they only oversee the funds transfer. The Navy referred those dispensing this type of legal interpretation as S%$&house lawyers, caveat emptor.


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## Oh_Beehave (Apr 8, 2013)

Well, I spoke with the inspector last Friday and left feeling very warm and fuzzy. First, she seems to be a friendly, understanding person and second, SHE'S A BEEKEEPER...or at least 'was' before she left North Carolina to move to Nebraska. Probably what made me smile the most is when she said "I will have to research the Nebraska regulations, but if there's a way to do it, I'm going to do my best to make sure your approved" (paraphrased, of course). I found this extremely encouraging...

keep your fingers crossed for me!
Tom


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## JWPalmer (May 1, 2017)

What happened to your signature line? Very apropos. Had to think about it a minute. My latin is rusty.


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## Eikel (Mar 12, 2014)

I'm assuming she's researching your facilities to be approved for commercial operations? What were the defining elements between hobby and commercial?


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## Oh_Beehave (Apr 8, 2013)

Eikel - Yes, I assume that the same thing (that she's researching). The intent of the conversation was start to explore the requirements for a commercial operation. I determined that she didn't know Nebraska's requirements either (having moved from NC this summer), but in the countless hours of research I've done, I have found nothing...I'm hoping she has better resources. 

JWPalmer: not sure where it went. Posted that from a Mac...maybe that had something to do with it?


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## Eikel (Mar 12, 2014)

Best of luck to you. When I was looking at the tax side of commercial vs hobbyist the paperwork difference was substantial, reinforced my position of I don't want to be considered commercial. Great for the commercial folks but too much of a pain for me.


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## sqkcrk (Dec 10, 2005)

Eikel said:


> At least in Illinois I believe the colloquial/layman's distinction lies on the line between wholesale and retail. If you sell directly to the consumer you're considered a hobbyist and fall under the cottage industries regulations. If there's any middlemen between you and the consumer you're commercial. My interpretation of "consignment" sales doesn't violate the cottage regulations any more than a roadside honesty stand as ownership never transfers to the shop owner, they only oversee the funds transfer. The Navy referred those dispensing this type of legal interpretation as S%$&house lawyers, caveat emptor.


If one sells their honey to a store and that store sells to the public, isn't the store the customer of the honey producer?


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## Eikel (Mar 12, 2014)

As I remember there is a statement similar to "directly to the consumer." I went back to some of my records for where the difference between the wholesale and retail was defined, ran across the honey house inspection regulation. I was amazed at the "left to interpretation" of paragraph C, reminds me of the "We had Grandma for dinner last night!" punctuation exercise. 

(410 ILCS 650/7 new)
Sec. 7. Honey.
(a) For the purpose of this Section, "honey house" means
any stationary or portable building or any room or place within
a building that is used for the purpose of extracting,
processing, or other handling of honey.
(b) Notwithstanding any other provision of this Act, the
Department may not regulate honey that is in the comb or that
is removed from the comb and in an unadulterated condition;
both forms of honey are exempt from the provisions of this Act.
(c) If a producer is engaged in the sale of honey that is
left in the comb or removed from the comb in an unadulterated
condition at a local market and packs or sells less than 500
gallons of honey produced in this State per year, then the
Department may not regulate or inspect the producer's honey
house.


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