Selling Honey
The Ohio Department of Agriculture keeps a page with useful information and links regarding licensing, labeling, and when Honey is a cottage food. If you are flavoring the honey, cottage food regulations apply.
Labeling
Honey needs to be labeled. This applies whether the honey is being sold from home, a market, or elsewhere. It also applies to honey you give away, or trade.
The label needs to include certain information (O.R.C. 3715.023).
The name and address of the business/beekeeper.
Statement of Identity - this is the common or usual name of the food product. In this case the common name is ‘Honey’.
Ingredients - if the only ingredient is honey, and you identified the product as honey, then nothing needs to be listed.
Net Quantity of Contents - net weight and volume
If classified as a cottage food (flavored by the producer) then “This product is home produced” needs to be on the label in ten point font.
Whenever possible, the labels should be glued or secured to the jars. If the bottles are an unusual shape or being sold for a special occasion and the label cannot be affixed, it can be attached as a card.
If you are making nutrient content claims, such as “low fat, salt free, etc.” or making claims of health benefits, then the Nutrition Facts panel needs to be included.
Sales Taxes
Food Items which are not produced to be consumed on premises are not subject to Ohio Sales Tax. That includes Honey.
The Ohio Department of Taxation website states:
“Food” is defined as substances, whether in liquid, concentrated, solid, frozen, dried, or dehydrated form, that are sold for ingestion or chewing by humans and are consumed for their taste or nutritional value. “Food” does not include alcoholic beverages, dietary supplements, soft drinks, or tobacco. Other food items that are not subject to sales tax (if consumed off - premises) include:
bottled, unsweetened water
ice (sold at grocery, convenience or similar stores)
fruit or vegetable juice with fruit or vegetable content of more than 50%
chewing gum and breath mints
sweetened beverages that contain milk, a milk product or milk substitute
https://www.tax.ohio.gov/TaxEducation/everyday_purchases.aspx
Inspections of Bottling Facilities
If you are bottling your own honey from your own hives on a small scale, you likely do not need to have your bottling operations inspected. You may undergo a voluntary inspection. Beekeepers who pass the inspection may place a seal of conformity and inspection of the Department of Agriculture on the product (O.R.C. 3715.024). Beekeepers who elect voluntary inspection are subject to inspection annually (O.A.C. 901:3-46-04).
This page is for informational purposes, and is not intended to be provided as legal advice. This page and its contents do not constitute legal advise or create or require representation by Jason M Jordan, Jason M Jordan Legal Services, LLC, or its employees or associates.