[Adopted 7-1-2024 by Ord. No. 2024-15]
A. 
Pursuant to N.J.A.C. 8:24-11.1, the New Jersey Department of Health has established a regulatory regime for the licensing of cottage food operators in New Jersey.
B. 
N.J.A.C. 8:24-11.1(e) specifically provides that "[a]n 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."
C. 
This article is intended to set forth the local laws of the municipality relating to cottage food operators as expressly authorized by state regulation.
D. 
The Borough seeks to clarify its ordinances to allow for a properly licensed cottage food operator to operate from their home, while ensuring proper protections for the health, safety, and welfare.
COTTAGE FOOD OPERATOR
A person or entity who holds a New Jersey cottage food operator permit issued by the New Jersey Department of Health, Public Health and Food Protection Program.
COTTAGE FOOD PRODUCT
Non-TCS food that a cottage food operator prepares and includes:
A. 
Baked goods, including bread, rolls, biscuits, cakes, cupcakes, pastries, and cookies;
B. 
Candy, including brittle and toffee;
C. 
Chocolate-covered nuts and dried fruit;
D. 
Dried fruit;
E. 
Dried herbs, seasonings, and mixtures thereof;
F. 
Dried pasta;
G. 
Dry baking mix;
H. 
Fruit jams, fruit jellies, and fruit preserves;
I. 
Fruit pies, fruit empanadas, and fruit tamales (excluding pumpkin);
J. 
Fudge;
K. 
Granola, cereal, and trail mix;
L. 
Honey and sweet sorghum syrup;
M. 
Nuts and nut mixtures;
N. 
Nut butters;
O. 
Popcorn and caramel corn;
P. 
Roasted coffee and dried tea;
Q. 
Vinegar and mustard;
R. 
Waffle cones and pizzelles; and
S. 
Upon written application to the Public Health and Food Protection Program, other non-TCS food.
A. 
Prior to any person commencing operations as a cottage food operator or engaging in the production of any cottage food product, a person shall make application to the Borough of Dunellen Zoning Official and/or Health Official and the following:
(1) 
An approved cottage food operator's license issued by the New Jersey Department of Health, Public Health and Food Protection Program pursuant to N.J.A.C. 8:24-11;
(2) 
Evidence of authorization to operate on a particular property, including:
(a) 
If a person proposes to engage in cottage food operations from a property that is an apartment, condominium, townhome, co-op, or other form of multi-family housing, and said property is subject to the provisions of the Condominium Act, N.J.S.A. 46:6B-8.1 et seq., and/or Planned Real Estate Development Full Disclosure Act, N.J.S.A. 45:22A-21 et seq., the person shall provide either a) documentary evidence that the proposed cottage food operation is permitted by the Association's governing documents, or b) a letter from the Association or its agent approving the cottage food operation.
(b) 
A written certification verifying that the person is the owner of the property from which cottage food operations are proposed, or a written certification from the property's owner approving the cottage food operation.
(3) 
Licensing fee according to § 150-3E(1), residential, for $125.
B. 
The Borough of Dunellen Zoning Official and/or Health Official or Municipal Clerk shall issue a license authorizing the requested cottage food operations, provided:
(1) 
The person has provided all documentation and information required by Subsection A;
(2) 
The proposed cottage food operation comports with the state's regulations at N.J.A.C. 8:24-11; and
(3) 
The location of the proposed cottage food operation is within a zone that authorizes cottage food operations, or the person has a land use board approval sanctioning the same.
C. 
Any cottage food operator within the Borough shall comply with the following regulations:
(1) 
Cottage food sales from the subject home shall take place only between the hours of 8:00 a.m. and 8:00 p.m. with all sales and transactions by appointment only, with not more than one transaction every 15 minutes.
(2) 
Consistent with N.J.A.C. 8:24-11.3(a)(1)(i), the cottage food operation shall not include facilities (seating, standing areas, bar-counters, etc.) for on-site consumption of purchased food.
(3) 
Deliveries to consumers' homes as permitted by N.J.A.C. 8:24-11.3(a)(1)(ii) shall be conducted only by the operator or resident of the operator's household, and shall not be conducted by a non-resident employee or by a delivery service including on-demand services, except as permitted by N.J.A.C. 8:24-11.2(b).
(4) 
A cottage food operator shall not erect or install any signage at the residence where the cottage food products are produced advertising or otherwise relating to the operations of the cottage food operator.
(5) 
No displays or samples of the cottage food products produced at a residence shall be permitted anywhere in public view.
(6) 
The provisions of Subsection C(1), (3), (4), and (5) shall not be applicable to the extent activities have been lawfully authorized pursuant to an approval issued by the Planning Board pursuant to Chapter 115.
D. 
Any person or entity that violates this or any other Borough ordinance or refuses to comply with all lawful order or direction of a health authority, fire code, or building department, is liable to pay a $250 fine to the Borough, with each day of noncompliance being a separate offense. This is to be understood as being in addition to any penalties provided by N.J.A.C. 8:24-11.7.