NYS cottage food law

[carol lang]

It appears that New York is the only state where making chocolates in a home kitchen is prohibited.

Here is the explanation from the Dept of Agriculture website.

 

Any comments are welcome

[pastrygirl]

Yeah, WA used to be the same, though they've changed it recently.  Pretty self-explanatory - chocolate work doesn't happen above 165F so it's not hot enough to kill pathogens.  "Moderately hazardous" according to my dept of Ag.

 

 

[KennethT]

5 hours ago, pastrygirl said:

Yeah, WA used to be the same, though they've changed it recently.  Pretty self-explanatory - chocolate work doesn't happen above 165F so it's not hot enough to kill pathogens.  "Moderately hazardous" according to my dept of Ag.

 

 

True, but the aW of pure chocolate is practically 0 so does not allow bacterial growth, so why would you need to heat treat?  I understand ganache and similar, but you can definitely heat the cream to almost if not boiling prior to incorporating the chocolate and then keep in the guidelines, right? 

[pastrygirl]

53 minutes ago, KennethT said:

True, but the aW of pure chocolate is practically 0 so does not allow bacterial growth, so why would you need to heat treat?  I understand ganache and similar, but you can definitely heat the cream to almost if not boiling prior to incorporating the chocolate and then keep in the guidelines, right? 

 

Yeah, if you're making bars or bark, nothing is going to actually grow & you can pasteurize any liquid ingredients going into ganaches. 

 

Might be another case of the powers that be not really understanding chocolates.

[JeanneCake]

I'm wondering if it has more to do with home-based businesses using almond bark or other coating chocolate (or couveture,  I'm not saying people don't temper at home)  and dipping who knows what in it, not being mindful of allergens, etc.  Some of the things I read online in the hot cocoa bomb craze made me 🤢.   Easier for them to just not allow it than to understand the process!

[carol lang]

All interesting comments. Thanks for your thoughts

The other states allow tempering chocolate in a home kitchen, isn’t that correct?

What is different in New York?

[Jim D.]

@carol langI don't know if you have seen the forrager.com site, which is all about cottage food laws in the U.S. state by state.  I am afraid it confirms your information about New York.  Here is a quote:

 

A number of food products are allowed to be sold, but New York has specific restrictions that other states do not have. New York is the only state to allow candy without allowing chocolate or chocolate-dipped items. Also, some dry items must use commercially-processed ingredients, like spices, soup mixes, and nut mixes. All of these restrictions are unique to New York and are not found in other states’ cottage food laws.

[Elkyfr]

Perhaps because it is not pure chocolate, but rather milk chocolates. As happened not long ago with kinder eggs contaminated with salmonella.

[carol lang]

Yes, Jim D. , I have read forager.com. It does confirm the rule. I just can’t understand why it is considered safe to work with chocolate in a home kitchen everywhere except New York.  Is it crazy of me to want an answer to that. 

[Jim D.]

28 minutes ago, carol lang said:

Yes, Jim D. , I have read forager.com. It does confirm the rule. I just can’t understand why it is considered safe to work with chocolate in a home kitchen everywhere except New York.  Is it crazy of me to want an answer to that. 

 

It is not at all crazy to wonder.  I think the only recourse is to contact your state reps to get the law changed--or move!  Here in Virginia a law removing all restrictions on cottage food production has been introduced for many years but has not passed.  I began making chocolates as a cottage food industry but quickly realized that the label I was forced to attach was a negative factor in any sales..  And since online and wholesale sales were forbidden, I caved and requested a state inspection of my kitchen.