There is a new bill coming in front of the Wyoming Legislature called the Cottage Food Bill that would allow home producers sell products produced at home. Below are my comments sent to Dean Finkenbinder- email DFINKE@state.wy.us.

While I appreciate that there is some hope for homemade food in Wyoming, the bill still makes it as difficult as possible for someone to make food for sale in their home. If you have comments, please email Dean.

July 19, 2008

Hi Dean,

I am a small food producer located in Victor, ID. For the past few years I have been selling non-hazardous baked goods at the Farmer’s Market in Jackson. This year Teton County required I use a commercial kitchen, and it has made my business providing high quality baked goods financially unsustainable.

I have reviewed the Cottage Food Bill and following are my comments. I have also included a letter I wrote to our local health department that was also printed in the newspaper.

I want to preface my comments with a dream I have. With everything that is happening in our crazy world and economy, some day government organizations involved with food production and trade will have a complete paradigm change in attitude and instead of “regulating” will “promote” local food production. Those officials will do everything in their power to support small farmers and food producers. Right now I feel like all the health rules are based on a history of large-scale takeover of the food industry that required regulation because it is inherently un-healthy and un-safe. Those laws trickle down to the small, local business and are overcautious and cumbersome. Everyone says, including your local health inspectors, “I know these rules don’t make sense, but they are required by the state, so we have to follow them.” As I say in my letter: it’s not your neighbor’s brownies that are making people sick.

I know that the Cottage Food Bill is an attempt to make the cottage industry more accessible, but I still feel like the attitude is “OK, we’ll do this but we’re so paranoid of what ’s gone wrong with industrial food production that we’re going to make it is tough as possible for these little guys to follow the rules.” Imagine basing your document on the attitude: “How can we make this as easy as possible for local producers to thrive because they are the ones that are going to guarantee we don’t get sick and we need them for healthy communities, to survive the energy crisis, and to halt the loss diversity and family farms and businesses.”

The other paradigm change that needs to happen, in my opinion, is a return to the public making their own informed decisions on what they eat. By labeling cottage food “produced in a home kitchen” the public can decide who to buy from, not the government. You have the power to loosen your regulations and let the public decide by doing nothing more than requiring us to label, not with numerous regulations on water and recipe testing.

Finally, I have to stress again that I have NEVER been in a commercial kitchen that is anywhere close to as clean as my home. Have you? This is what makes me really mad. We should be less regulated than commercial kitchens, not more.

My comments on Chapter 14:

1.I assume there is a definition of “cottage industry” somewhere? If not, it should be here in this document. Also, a better definition of “non-hazardous foods” including perhaps an acceptable acidity level. I have tried to garner this information from Teton Co ID, and Wyoming and it’s always a bit vague.

2. Section 1, b. Department Approved Foods
There is talk throughout the article about how every item produced must be approved by the “department.” In my case, baking for a farmer’s market, this requirement as written is absurd. I have about 25 different regular recipes I use for various cookies and breads, but the idea of my business is I use seasonal ingredients and what I make each week varies. Would every recipe have to be approved? That would be a major hindrance.

Once you approve a commercial kitchen, they can do whatever they want. Why couldn’t I?

Section 2, a, vi. Production Requirements
A requirement to have semi-annual water test if not connected to a public system is absurd. Once a year is too, but acceptable.

Section 2, d.Recipe Testing
This requirement to have every recipe submitted for testing is overkill. What would that cost- you and us? Why is this necessary? Does a caterer test every recipe? If you approve the kitchen, require us to label, approve a “category of food” we can make- that’s enough. Let the public decide.

Section 3, b. Fees
Fees. There is a lot of mention of fees. When do these get set? What are they?

Section 5, Food Distribution
Do you have all these stated rules for someone producing in a commercial kitchen? They seem a little paranoid and overkill, most of them obvious. I guess they can be stated, but again, sound like they are written by someone totally afraid of eating from their neighbor’s kitchen.

Section 6, b.
Prohibition of Interstate Sales
This is most concerning to me. I have been licensed by Teton County Health in my commercial location in Victor, ID. This allows me to sell at the market in Jackson, 18 miles away. Honestly, the Jackson Farmer’s Market would not exist and thrive (at least 1500 people attended Saturday, July 19, 2008 market) without Idaho businesses. I don’t know for sure, but I’m guessing over 70% of the vendors at the Jackson Market come from Idaho.

I’m sure you know, Teton Valley, ID and Teton County, WY are intricately attached, especially with the majority of workers living in Idaho. Is there a way that interstate sales could be approved if vendor was licensed by Wyoming- perhaps a larger fee to cover travel costs of the inspector? I’m sure one argument is that this could get out of control, but honestly, how many businesses would you have to inspect- 10 from this side of the state? Perhaps a few from Montana and from Colorado? Perhaps you could make mileage requirement- interstate sales acceptable within a 50 or 100-mile radius?

Again, this all depends on your creativity and desire to truly make a difference in promoting the local food economies.

Thank you for taking my comments into consideration. I apologize for the somewhat aggressive tone; I am extremely frustrated with the process I have had to go through to cook muffins for my neighbors, and they are suffering in our already desperate economy by paying the extra cost of goods due to me paying $25 per hour to use a commercial kitchen.

I know you have a tough job and are trying, with this bill, to do the “right thing.” I appreciate your efforts.