Home Baked and Confectionery Goods

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In 2011, the Arizona State Legislature changed the law, A.R.S. 36-136 (H)(4)(g) and A.R.S. 36-136 (H)(13), to allow residents to produce non-potentially hazardous baked and Confectionery products in their homes and to offer them for commercial sale within the state. The topics listed here provide general guidance for this law and information about required food handling permits in each county. The rules of this program are found in Arizona Administrative Code R-9-8-102. 

Wait! Before you start baking!
There are three important steps you must take before starting your baking: 
  1. Obtain a food handler card from our La Paz County Health Department
  2. Register for the Home Baked and Confectionery Program with Arizona Department of Health Services
  3. Review all the rules on hazardous and non-hazardous foods

Ready? Let's start baking!
When selling your items you must  label them with specific information: 
  • The address and contact information of the individual registered with the Arizona Department of Health Services; and
  • A list of the ingredients in the baked or Confectionery goods; and
  • A statement that the baked or Confectionery goods are prepared in a private home; or
  • If applicable, a statement that the baked or Confectionery goods are prepared in a facility for individuals with developmental disabilities.

Questions? Contact Arizona Department of Health Services.

Office of Environmental Health
150 N. 18th Avenue, Suite 140
Phoenix, AZ 85007
(602) 364-3118
(602) 364-3146 Fax
Email Us 

Non-Potentially Hazardous Foods

Here are some examples of foods that can be sold under the Home Baked and Confectionery Goods law: 
  • Cookies 
  • Sweet Breads 
  • Cakes with hard icings or frostings 
  • Fruit pies with fruit and sugar fillings 
  • Candies 
  • Brownies

Potentially Hazardous Foods

Why is some food considered potentially hazardous? Food is often considered potentially hazardous because it contains moisture, usually regarded as a water activity greater than 0.85, contains protein, or is neutral to slightly acidic, typically a pH of 4.36 and 7.5. Some examples of potentially hazardous foods are:

  • Meat, Poultry, Fish
  • Shellfish and Crustaceans
  • Eggs
  • Milk and dairy products
  • Baked potatoes
  • Heat-treated plant food (cooked rice, beans, or vegetables)
  • Certain synthetic ingredients
  • Mushrooms, raw sprouts
  • Tofu and soy protein foods
  • Untreated garlic and oil mixtures
  • Custards, puddings, cakes with custard fillings, meringues, cheese cakes, pumpkin, cream or custard pies and other desserts containing ingredients of animal origin, should be assumed to be potentially hazardous