Did you know that from 2011 to 2019, doughnuts were allowed as a cottage food, but only if they were baked? It’s true! Due to a quirk in tax statute, “doughnuts” were already defined as a baked good before the cottage food law existed. For simplicity’s sake, this definition of “baked goods” was used in the cottage food law. In my experience, when people talk about “doughnuts”, almost no one is thinking “baked”, but that’s the law we lived under for 8 years, despite the fact that there is virtually no difference in degree of food safety risk between a baked or fried doughnut.
Only with the passage of SB 572 in 2019, which added “any other food that is not a time and temperature control for safety food”, were deep fried doughnuts eligible to be sold as cottage foods. Deep fried doughnuts have been allowed as a cottage food item since September 1, 2019 because they do not require time or temperature control for safety.
So now that you know that deep fried doughnuts are definitely allowed as a cottage food, let’s talk about toppings and fillings. Any filling you choose should be safe to be stored at room temperature -a “not time or temperature control for safety” (NTCS) food. Consider jelly or fruit fillings, or shortening/butter-based buttercream type fillings, frostings, or glazes. Certain cream cheese frostings or fillings may be NTCS as well, but make certain to use a tested recipe that is a NTCS food. Any custard (egg/cream)-based filling would require refrigeration, which would exclude it from sale as a cottage food item.
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And as heartbreaking as it is, it must be said: no bacon. There is no meat of any kind in the cottage food law, as meat is subject to a host of other federal and state laws.
There are plenty of other ways to be creative with your doughnut toppings! Experiment with coconut, nuts, store bought candy, breakfast cereal, crumbled cookies or graham crackers, marshmallows, homemade toffee crumbles or peanut brittle — the possibilities are vast and delicious!
Also keep in mind that the cottage food law says that you may only use appliances designed for common residential usage, so think twice before installing a commercial fryer in your home — it’s not allowed under the cottage food law, and could pose a fire or safety hazard.