Possible Food License Exemptions

• Residential Kitchens may be exempt if producing baked goods or confectionery items that are not potentially hazardous and that are sold only to the end user. Sales must not exceed $20,000 annually. 

• Farm direct marketing bill exempts some agricultural producers selling raw commodities and value-added products directly to the final consumer.
  
• Community Supported Agriculture (CSA's) or farm shares are limited to items noted in the Farm Direct Rules. No cheese, fluid milk, fish, beef, etc.
• Food swap club is a private event that is exempt if people trade homemade, home grown, or foraged foods without food being sold or given away.
• Food buying clubs are exempt if they are private and limited to consumers who sign up for membership and products offered for sale are from an approved source.
• Poultry slaughtering and sales of not more than 1,000 birds may be exempt.
  
• Farmers' markets are not currently licensed as food establishments. All food vendors are required to have a food license unless you qualify for exemption.
  
• Fruit and vegetable stands located on a farmer's property are exempt if only selling produce grown by the farmer.
  
• Pet food that does not contain meat may be exempt.
  
• Retail honey extractors who own their hives can have an unlimited number of hives if they only sell to the consumer.
  
• Wholesale honey extractors who own 20 or fewer hives and extract only their own honey are considered to be hobbyists and are exempt.
  
• Egg producers who are selling and delivering their own eggs directly to an individual consumer (including farmers' market) are exempt from licensing, but labeling is required. Egg producers selling only ungraded eggs to a dealer are also exempt.
  
• Dairy law exempts from licensing, a person who owns no more than
  
• • Three dairy cows (no more than two producing) that have calved at least once
  • Nine sheep that have lactated at least once
  • Nine goats that have lactated at least once
  • ​The fluid milk from these animals may be sold for human or other consumption without a license only if the milk is sold directly to the consumer at the premises where produced.  Licensing is required to produce and sell any processed dairy products (cheese, ice cream, butter, etc.)​

Contact your local food inspector for details.​

Retail food license exemptions

• Selling the following, in individual-sized portions for immediate consumption only (not wholesale)
  
• • Candy, candied apples, and non-potentially hazardous (not requiring temperature control for the safety of the food product) confections
  • Commercially prepackaged ice cream and frozen desserts sold in individual servings
  • Commercially pickled products
  • Commercially processed jerky, nuts, nutmeats, and popcorn
  • Prepackaged foods such as potato chips, pretzels, and crackers
  • Unopened commercially bottled and canned non-potentially hazardous beverages, including alcoholic beverages
  • Coffee and tea with non-potentially hazardous ingredients
  • Non-potentially hazardous hot or cold beverages, prepared from individually packaged powdered mixes and commercially bottled water, excluding fresh squeezed juice
  • Non-potentially hazardous foods or beverages provided by a non-food service business or organization at no charge
  • Other food items as determined by the Oregon Health Authority or ODA
• Selling the following—obtained from a licensed food service, or processing establishment, or prepared onsite—for immediate consumption at an event
• • Non-potentially hazardous baked goods
  • Privately donated breads, rolls, pies, cakes, doughnuts, or other pastries not having potentially hazardous (time temperature control for safety) fillings, served by a benevolent organization. Additional examples include jam, candy or mixing and packaging bean soup mix to raise funds for a non-profit organization
  • ​Public notice must be posted that states: "Notice: Food served at this location may not have been inspected by the regulatory authority.”
  • Personal chef who prepares food for an individual or private party​​

Resources

Farm Direct Marketing Agricultural Products Farm direct marketing Farm Direct Marketing Producer Processed Products Farm direct marketing Honey Processors Exemption Form Honey Processors Exemption Form Meat- Farm Direct Poultry Law Guidance Poultry exemptions Meat Regulation, poultry exemption regulations OAR 603-028-0710: Poultry Slaughter Exemptions ODA Food Code 2013 The food code is used to regulate retail grocery stores,  retail meat and bakeries. ODA Food Code 2013 OSU Home Baking Exemption Guidance Residential kitchen exemption for baked goods and  confectionary items  http://smallfarms.oregonstate.edu/sites/default/files/ publications/home_baking_bill_final.pdf Retail, Home (Domestic) Kitchen Processing & Bakery Regulation,  Refrigerated Locker (General standards only), Farm Direct Rules  (603-025-0215 to 603-025-0275) Law or rule