# Selling honey, Rules? Laws?



## Jon D.

As it is coming up on this seasons first extraction, I was contemplating selling my honey commercially. The little neighborhood Grocery Market down the street from me seems ideal, as they have found a niche in fresh foods, specialty products, and service. 

Anyways, before I go down and "ask to see the manager", I was wondering if anyone knows the rules about commercially marketing the honey? It seems like when I first got into beekeeping I remember someone saying your honeyhouse/extraction process had to be certified. Does anyone know what needs to be done before I can sell my honey bears?

Also, as a side note, if anyone else has worked out a deal with a local grocer, what are the specifics, so I have a working base to go in with.

Jon D.


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## Terri

I searched for this for my area. I got the following message.
......................................
The Kansas Dept. Of Agriculture no longer regulates bees or beekeepers.
If you want any additional information about selling your honey in area
stores I would contact the Kansas Department of Commerce. There email
is http://kdoch.state.ks.us/public/service/customer_service.jsp 
Or phone at 785-296-3737

Thank you
KSAG

Unfortunately, someone else had a LOT of regulations about kitchens, but I must go now. I will look for it later.


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## Terri

AH! Found it!
..........................................
Ruth Smerchek from the Department of Commerce forwarded your request to me. I appreciate your inquiry. 



In order to process and offer honey for sale to consumers and retail outlets a producer needs to obtain a food processing license. A facility that meets applicable regulations is required for licensure. The basic requirements for a facility include: separation from living quarters (personal use kitchens are not licensable); access to the exterior; adequate ware washing facilities; adequate hand washing facilities; smooth, durable easily cleanable floors, walls and ceilings; and adequate labeling.



The food manufacturing regulations, food safety educational materials, and the application for a license may be found at http://www.ksda.gov/Default.aspx?tabid=36. 



Please contact me if you have any questions.



Regards,



Adam P.M. Inman

Food Safety Technical Specialist

Kansas Department of Agriculture

Division of Food Safety

785 296 3511


...........................................

Now, let me see here.

If you take this gents title, remove the word "Kansas" and substitute the name of your OWN state, you might find somebody you want to talk to. MAybe, anyways.

I DO know that in this state that beekeepers are permitted to sell directly to the consumer, either at their own homes or through the Farmers Markets, though he does not mention this. Probably because I specifically asked about selling in STORES, so private sales were not mentioned. that was not adressed.

Good hunting!


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## Terri

Oh, yes.

I have HEARD that most Church kitchens are inspected and adequate: Perhaps you could rent the use of one?


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## BubbaBob

In GA it's not the church kitchen that is exempted, it's if the food prepared is to benefit a church, ie. fund raising, etc.

I can use my home kitchen, no matter how nasty, to, say, bake a cake for a church bake sale, but I cannot use my home kitchen, no matter if it is a full blown commercial, perfectly maintained kitchen, to prepare food for profit sales.

I can have a $100K home kitchen, and if I prepare food for personal consumption there, it cannot be used to make jelly for sale, but I can throw up a 10x10 plywood shack, with a 25 dollar thrift store stove, a similar fridge, and a sink and it's OK. Go figger...

BubbaBob


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## MichaelW

I was told in TN there is no regulation unless you sell over a certain very large amount. Don't quote me on it.


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## Jon D.

Well thanks for all the help and info. I've now emailed my regional Michigan Department of Agriculture to get some info about it. Thanks again!


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## ScadsOBees

Hi Jon
Keep us updated on what you find out. I would like to know that too if you get any information back from the dept. of ag.
thanks


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## Jon D.

Rick,

Sure thing. I'll let everyone know, it seems to be a rather popular thing. But at the same stroke makes me wonder just how many beekeepers out there just sell it apathetic to the rules.

Btw, did you ever let your kids sell that honey?

Jon D.


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## ScadsOBees

Actually I did let my kids sell by the road. Just a neighborhood road so not busy, but they did sell about 8 or 10 of them. They can't stand the boredom of waiting for cars to go by, though.

I think most people think (myself included) that if you just sell a few by the road then there aren't many rules (right or wrong, I don't know). The man I bought my first hive from had a small sign by the road and his honey in a self-serve breezeway for years and nobody complained. And a lot of other people on the board mentioned that in their states there is distinction between store and direct-to-consumer sales (right or wrong, I don't know) so we go on assumptions. Permission or forgiveness what is easier? They would probably just tell you to stop unless sombody was hurt or if what you did was aggregious or repetative.

rick


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## indypartridge

Here in Indiana, the official State regulations require that honey be processed/packaged in commercially-approved & inspected kitchens - even if you are just selling it to neighbors and friends, or have a small stand by the road. However, the State is easing up on regulations for hobbyists/sideliners. In a letter from the State Dept. of Health (23 May 2005) local health departments are instructed that honey is a "low risk agricultural commodity" and that it would be "prudent and reasonable for local health departments to minimize the time they spend inspecting these low risk operations such as honey, maple-syrup..." New regulations are currently being drafted which would exempt small producers (less than 2500 lbs honey/yr) from the commerical kitchen requirements.


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## ScadsOBees

I did happen to find out these:

http://www.mlive.com/news/advancenewspapers/ottawa/index.ssf?/base/news-1/1121793372282120.xml&coll=10&thispage=1
http://www.michigan.gov/documents/MDA_FOODDIGwinter01_6357_7.pdf
http://www.michigan.gov/mda/0,1607,7-125-1566_2404_2430-112736--,00.html#8

So in order to sell retail or at a farmers market you need to have the honey processed at a licensed facility. I don't know anything about getting that...


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## Jon D.

Ok, Many people were asking what I found out in my correspondence with the Mi. Dept. of Ag. I have posted the entire email conversation here, but the Jist of it is that unless you only sell honey from your house, then you need to have a "Facility" probably similar to the Commercial Grade Kitchen described above, and have it inspected and be licensed.

So this leads me to ask the question, does everyone else have one of these commercial grade kitchens? If so how expensive was it to make? Can I make it in my garage? Also, if you don't have a license, what do you do with all your honey? My hives produce far too much for me to consume, so I assume this is the case with everyone else also. Obviously this is only applicable to Michigan Beekeepers, but I would be interested in learning how everyone else deals with those rules also.

Thanks, and here is my correspondence
(I took out full names, addresses, phone #'s, etc... but if you want them, please contact me privately)


Susan B.,

I am a local bee-keeper in the area, and had some questions regarding honey sales. I am only a hobbyist, so I am not able to produce large quantities of honey; however I am interested in selling that which I do produce. I understand that there are different rules regarding commercial sales versus "Road Side Stand" sales.

So my question is two-fold. First, what kind of licensing or regulations are there governing the selling of honey at "Road Side Stand," Farmer's Market, or Garage Sale. Secondly, what kind of criteria would I need to meet in order to also attempt to sell my honey bears to a small local grocery store? 

Thank you for your time and advice.

Sincerely, Jon D.

-----------------------------------------------

Jon D.,

A small honey producer is allowed to sell his/her own honey without a license only at the production site, which is usually the home. However, once the honey is taken off the premises for sale elsewhere, a license is required at the production site. If any amount of honey is wholesaled, licensing is required. The law does allow that if a beekeeper is licensed at the production site, then no additional licenses are required to sell the honey at other retail locations throughout Michigan (like at farmer's markets or retail stores). If you are interested in becoming licensed please feel free to contact us and I can have an inspector meet with you to look at your facility. I also might suggest that you visit the Southeastern Michigan Beekeepers' Association web site at http://www.sembabees.org for information on how to receive an e-mail copy of Starting and Keeping Bees in Michigan, Information and Suggestions for the Beginning Beekeeper. This booklet contains information regarding the guidelines for producing honey that is a safe food product.

Please feel free to contact me should you need anything further. 

Sue B.

Michigan Department of Agriculture

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Sue,

Thank you for your response. I have a follow up question. I am interested in selling the honey wholesale and at farmer's markets. You said that I would need my "facilities" inspected and licensed. But my "facilities" are my kitchen at home. I don't quite think that this would qualify as a "Commercial Grade Kitchen" from what I've read. Is there any provision regarding the volume or dollar value of honey sold? For instance, if I sell less than 500 lbs. or $400 dollars worth of honey (away from the production site), it is OK to extract and process at my kitchen? If there is no provision for that in the law, than the way I understand it is I have two options.

1) Continue producing, extracting, and bottling honey at my house in my kitchen, and only selling it from my house.

2) Upgrade my production, extraction and bottling facilities to some type of code compliant "Commercial Grade" kitchen.

Thank you again for your time in answering my questions, and clarifying this legal situation for me.

Sincerely,
Jon D.

-------------------------------------------------

Mr. D.:

You are correct if you would like to wholesale your product or go to farmers markets you would have to have a facility to process in other than your home kitchen. There is no $ amount or poundage minimum that is attached to licensing.

If you wish to just sell from your property with a sign out in front you would not be required to purchase a license but you would still need to meet the requirements (i.e. not your home kitchen) We will not be seeking out operations in peoples homes, however if a complaint is filed we would be obligated to investigate.

Please let me know if you would like one of our inspectors meet with you to see what might be involved in setting up some sort of facility. I have seen some operations where they partition off a part of their garage or other out building and have quite a nice set up with not a whole lot of expenditure. 

Sue B.


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## AlpineJean

Hi Everyone,
The situation is the same here in Texas. We are required to be licensed as a manufacturing food facility. However, I know for a fact that out here some of the beeks sell their honey in road side stands, meetings of the local food co-op and the farmer's market without that license. I have been told that if no one complains the odds are good that you can "get away with it". However, I know that if someone complains or the FDA inspector is in town and finds out somehow that you will be hastled from that point forward when you do license. (that is the trust issue will be in place - or lack of trust I guess 
I was told that directly by an inspector from another region. The regs aren't too bad. The sinks don't have to be stainless they can be those deep plastic ones for $20.00 or so etc etc. So I think it goes like this: if you sell at a Market you are pretty safe from trouble, even if it isn't legal so to speak, but if you place your honey products in a retail store you need to go thru the licensing procedures.
One of the inspectors I talked w/ said, just ask few questions and do your best. If "she" (the other inspector from my area that he doesn't much like) gives you grief over your well water offer to use bottled water and explain to her that your processing is only once or twice/year -that should help. Well water out here is another issue... I explained to him that water is used only for cleaning not in the food! He understands this but says that the water must qualify even for that.
We are putting together our "kitchen" in the work room off the carport and have the work stuff in a shed... I have seen a beeks honey house and it isn't fancy at all! Just meets the regs minimum requirement.. 
This has been a topic of conversation for some of us out here so, obviously, I could yack longer but this is enough for now


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## Hill's Hivery

Anyone know of the regulations for Illinois? Roadside selling and/or retail? I have a couple stores that want to carry my honey, but I am trying to make sure I meet all the "legal" requirments.
I know it is easier to ask forgivness than permission some times, but I would rather be prepared and keep my reputation. Just think, If I do all that is right maybe I can get the inspectors to buy some off of me also!


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## Sundance

If you package for retail sale you may need to register with the FDA regarding homeland security as well.

http://www.cfsan.fda.gov/~furls/ovffreg.html

I have a small orchard and will be packaging apple products as well, cider, jellys, apple butter, etc.

I want to have it certified. Finding state and federal regulations has been frustrating...

My honey house is going in next spring and will have floor drains, washable walls, etc.


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## uncletom

I would check on the legal definition of "process. I have heard, but cannot verify, that process requires some sort of change of state. Maple sap is processed into maple syrup. Honey is simply removed from the comb, strained and bottled. No processing. If you are heating it youre not heating it enough to change the enzymes, only to allow a better flow. You are not cooking it. 

I dont know how it holds up in court, but would be worth looking into, before spending amounts of money to move your operation.

tom


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## Michael Bush

You pull Ross Rounds or other cassette systems off and put the label on. I don't think that's processing. That's just labeling.


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## gljohnson

For Illinois, here is the tech bullentin from Illinis Department of Public health requiring license for farmer's market.
http://www.co.kendall.il.us/hhs/ENV/TIBF30SanitationGuidelinesforFarmersMarketsProduce.pdf


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## Joseph Clemens

I notice that the honey must be from an "inspected source". Good thing I inspect my bees regularly.


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## Hillside

In Minnesota, they have traditionally said that extracted honey isn't considered processed, but something like creamed honey is.

Extracted honey still has to be done under sanitary conditions.


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## MichelleB

I visited this thread to see what I could learn about honey sales in Oregon. Not finding any, I got off my duff and did my own search: Following is excerpted from 

http://www.oregon.gov/ODA/FSD/faq_index.shtml

" Honey extractor´s licensing requirements:

Any beekeeper with 20 or more colonies of bees who is extracting and selling honey at retail or wholesale is required to be licensed as a food processor, and is subject to inspection by the department.

Extractors who have fewer than 20 colonies and extract only their own honey under the Oregon Department of Agriculture´s administrative policy are considered to be hobbyists, and therefore exempt from licensing and inspection requirements. While, extractors with fewer than 20 colonies may sell their honey through any retail channel, the product produced is required to be properly labeled. Extractors must submit an application for exemption with the Oregon Department of Agriculture, Food Safety Division. There is no fee to file an exemption, and the application for exemption may be forwarded to the Food Safety Division, 635 Capitol Street NE, Salem, Oregon 97301."


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## bleakley

In New Mexico, raw honey and bee pollen are unprocessed agricultural foods. So, food handler's or other health dept. type licenses are NOT required.

For selling to stores, county and/or city business licenses are required. And, as mentioned by Sundance, you need to register with he FDA.


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## buz

Sundance--and all: I read up on the homeland security regs. Seems they are after the producers who let the foodstuff out of their hands and send it to warehousers who send it out to retailers. So, if you produce/package/sell to the consumer---you are exempt from these. 

The only requirement in Az. is that your name and phone# appear on the label under the word HONEY. I suppose a tax license - doing business as- is a good idea if you're serious.


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## Jim Fischer

The federal concerns over "food biosecurity"
may be of interest, but no one except the
largest packer/bottler operations have even
bothered to attempt to comply with them

http://bee-quick.com/reprints/bioterrorism.pdf

I am lucky enough to avoid bar code requirements,
as I sell only through smaller (mostly gift shop)
stores, who can't be bothered with barcodes.
But barcoding is becoming more and more a
requirement in any retail establishment. I think
that there is a big opportunity for multiple
beekeepers, each in a different state, to share
a barcode (and split the fees), as these things
are not cheap to "register".


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## edwa5823

I noticed that Kenutcky hasn't been mentioned yet, just thought I would add that info for anyone who needs it.


The full link is below. In a nutshell, if you sell less than 1,800 pounds (150 gallons) of honey per year then you are exempt from any licensing. 

You are, however, required to have a legal lable on all honey that is sold. The requirements are very lienient and are probably already met by anyone selling their honey. 


http://www.kyagr.com/mkt_promo/hort/programs/hort/farmer_mkt/documents/sellinghoneyatfarmersmarkets.pdf

Enjoy!


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