New food labeling rule in Vermont raises concerns among some home-cooked food providers

A new Vermont Department of Health rule requires home-based food manufacturers to include a safety label on their products, raising concerns among some suppliers that the state is being too strict in regulating such small businesses.

The rule applies in part to certain small food manufacturers – also known as “home-based” food producers – that have less than $10,000 in annual gross sales, or, if a baker, less than $6,500 in annual gross sales. Under existing guidelines, these manufacturers are generally exempt from licensing and inspection by the state Department of Health.

Starting this month, however, the agency will require those manufacturers to add new text to their product labels that reads: “Manufactured in a private kitchen not inspected by the Vermont Department of Health.” The text must be printed in at least 10-point font and be a color that contrasts with the background of the product label, the new state rule says.

The Manufactured Food Rule also includes other measures aimed at standardizing the information that home kitchen manufacturers put on their labels, including the name of the product, the manufacturer, its ingredients, and any major allergens it contains. Other states have also recently made changes to how they regulate home kitchens.

Many Vermont homeowners’ agencies already take most, if not all, of these requirements into account, says Elisabeth Wirsing, director of the Department of Health’s food and housing program.

However, she said it may be less clear to consumers whether or not a product was made in a kitchen that has been inspected for food safety. The new disclaimer, she said, is designed to reduce consumer uncertainty.

“We know the public assumes that food sold in stores and elsewhere is regulated and controlled, but that is not the case with these products,” Wirsing said. “So the requirement provides consumers with some transparency, not only about the ingredients but also where they are made, so they can make a risk-based choice for their personal circumstances.”

The health department relies on self-reporting to determine the number of “home-based” food producers in the state, so Wirsing said it cannot say for sure how many such establishments exist. About 500 producers have self-reported since 2018, when records first became available, she said. She added that during the legislative process, state officials contacted everyone who filled out a certification form.

However, for some who sell home-produced food, the liability waiver raises concerns about the government’s role in regulating an industry that has long been subject to little oversight.

Peter Hopkins of Pownal, who supplements his income from his hop farm by selling homemade condiments such as pub cheese and horseradish, expressed concern that customers would be put off by the new mandatory text – and thus less inclined to buy his products.

He said he and other small producers he knows take kitchen cleanliness seriously.

“These home kitchens are the same facilities where we prepare food for our children, our loved ones, our neighbors and our parent organizations,” Hopkins said. “Does the health department think we don’t take the same care when preparing food for sale?”

One of the places where Hopkins sells his spices is The Apple Barn & Country Bake Shop in nearby Bennington. Sarah Albright, the shop’s owner, said she also is concerned that the new “home cooking” disclaimer could hurt small businesses.

Albright estimated that about a quarter of their products are “hyperlocal,” including foods made in home kitchens, and said that’s a big draw for local customers and tourists.

“I think this type of warning label will, at best, cause confusion – and, at worst, harm the businesses that make Vermont so special,” she said.

The Health Ministry’s Wirsing said state authorities had heard concerns that the disclaimer could impact product sales, but she claimed the text was “purely factual” and “for information only.”

A national group of people with jobs similar to Wirsing’s – the Association of Food and Drug Officials – commissioned a nationwide survey last December that found that about 60 percent of respondents believed home-based food businesses in their state were regularly inspected for food safety, even if they weren’t, she said.

At least a dozen other states require household kitchen products to include a disclaimer indicating that they were made in an uninspected factory, using similar or identical language to the practice now required in Vermont, according to Wirsing.

“(The regulation) of ‘home-grown’ food is an issue in many states – and we’re trying to understand the public’s perceptions around food safety,” she said. “This is a landscape that’s changing almost daily across the country.”

She added that the Ministry of Health is currently conducting educational work on the new labelling requirements and that it will take at least months before authorities “even consider” enforcing the change.