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Resident advised selling homemade jam from detached shed would likely require different licensing or a home-based model
Summary
A resident seeking a one-year business license to sell jam from a detached 10-by-20 shed was told July 2 that the property is not zoned commercial and that selling prepared foods would trigger state health and cottage-food requirements.
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A resident identified as Carol asked the commission for guidance about selling jam, aprons and baked goods from a 10-by-20 shed on her property and whether she could receive a business license for one year to test the idea.
Planning staff told Carol the town’s zoning does not classify her property as commercial and that selling prepared foods raises state health and cottage-food requirements. Staff pointed to the Utah Department of Agriculture’s cottage-food rules for labeling and food-safety requirements. Staff advised that selling handcrafted items and nonperishable goods may be easier from a zoning perspective than selling prepared foods from a detached structure.
Staff said an online or home-based business model — where sales are processed online and items are mailed or picked up at the residence — may be allowable under the town’s home-based business rules and would avoid creating an on-site retail operation in a structure not zoned for commercial use. If Carol wished to sell food directly to the public from the shed, staff said she would need to research health-department requirements, business licensing and parking and likely seek additional approvals if the operation exceeded what the cottage-food laws permit.
Carol said she might give the jam away rather than pursue a new business and was advised to consult the county or state health department and to check the town ordinances on home-based businesses and business licensing if she chooses to proceed. No permit or license was issued at the meeting.
