Attention New York Honey Producers:
New York State has recently allowed some (but NOT all) of these foods to be infused into honey in home kitchens
Great news! As of July 2024, New York state allows the processing and sale of infused honey from home kitchens without any special kitchen inspections or licensing. New York, like most other states, has an exemption that allows a beekeeper to extract and sell honey at home, without maintaining a licensed commercial kitchen. Previously, inspections and licensing were strictly required for anyone who added any additional ingredient to their commercial honey products. Now, based on a new law and new food safety guidance, as long as added ingredients are shelf-stable and don't add any moisture to the honey, New York farmer's market and roadside honey stand offerings can expand greatly.
The exemption states that ingredients can be added as long as they aren't “capable of supporting the growth of infectious or toxigenic organisms." Adding any moisture or contaminants will lead to fermentation and/or bacteria growth, both of which could make beekeepers sick. Therefore, only dried and shelf-stable ingredients are approved for adding or infusing into honey without extra licensing and safety training.
What can New York beekeepers now infuse into their honey?
The guidance lays out clearly what is allowed under the exemption:
- The product must be predominantly made with maple syrup or honey (greater than 50% by weight).
- The added ingredients must be non-potentially hazardous, which means the ingredient itself must have a pH below 4.6 and/or a water activity of 0.85 or below.
- The finished product must not require refrigeration before opening.
- The finished product must be properly labeled.
Think dried fruits, herbs, spices, etc. Almost any dried herb or spice from the grocery store is likely to be allowed since they are already dried and inspected by the original manufacturers.
Other ingredients, like vinegar or some citrus juices, are high in moisture but are acidic enough to be allowed - as long as the finished product doesn't spoil or ferment if it isn't refrigerated. You may need to infuse a batch and then test it to ensure there is no sign of microbial activity after it has been sitting on the shelf for a few months.
You can read the full document here.
What isn't allowed?
Adding most fresh fruit or herbs, high moisture ingredients like crushed garlic, or anything that could potentially introduce a harmful bacterium or mold is NOT protected by this new exemption.
Essentially, you may not be able to use fresh garlic, but you can use garlic powder. You may not be able to use fresh hot peppers, but you can use dried hot peppers.
That doesn't mean a NY beekeeper can't make a hot-honey marinade with fresh hot peppers, garlic, and vinegar. It just means that they would not be able to legally sell that product until they satisfy the standard New York license and commercial kitchen requirements to manufacture food.
It's also worth noting that the exemption only applies to beekeepers that exclusively use their own honey. If you buy any honey from another beekeeper for repackaging, you are automatically required to satisfy the full commercial kitchen requirements, whether you are infusing things into that honey or not.
Why it's important
This new law makes it easier for New York beekeepers to make a living. They're now able to produce a variety of honey products without additional government intervention, and they can grow their business! Infused honey is a neat way to make a tasty honey product - a unique flavor profile that your competition might not have.
Don't live in New York? What are the rules in other states?
Does your state already have a similar cottage farm law exemption for infused honey? It's important that you know your own state's laws and follow them. As honey producers, we must uphold the integrity of our business and be trusted sources of good, safe, local honey. Unfortunately, sifting through the legal jargon and trying to figure out what laws apply to you can be exhausting. What's legal in one state will get you in trouble in another. Depending on where you live in the country, some states:
- Cap your sales per year if you operate out of your home kitchen
- Limit who you can sell to (usually only allowing direct to consumer sales, like at a roadside stand of farmer's market)
- Require you to have a business license
- Require you to take a food safety class and/or be inspected by the Department of Health before you begin
- May change their laws without notifying you!
Here is a link to a helpful organization that has documented cottage food laws by state.
Talk to your state's Department of Agriculture for the most accurate, up to date information. And if there is no exemption for you to make and sell safe infused honey, consider lobbying your state legislature or trying to get the state beekeeper association to push for a similar exemption in your own state.
More on infused honey
Infused honey can be made easily in your home kitchen without the need for specialized equipment, although it can take a significant amount of time to make. The exemption applies to cold infusion and infusion with heat, as long as the ingredients satisfy the requirements of the new regulations.
Cold infusion involves simply dropping in the ingredient(s) of your choosing into a clean jar with raw honey, sealing it tight, and storing it in a dark area. Instead of shaking or stirring, the jar should be turned upside down and then right side up alternately every day or so until the infusion process is complete. The infusion time is listed in most recipes, and it often takes a few days to a few weeks to complete. This method usually introduces a milder flavor into your honey.
Using heat to infuse your honey takes less time, and the added flavor is typically more robust. While some choose not to heat their honey at all, infusion using heat eliminates more moisture during the process, and there is less likelihood of fermentation or mold. The method involves slowly warming and stirring honey with the added ingredients; removing the pot from the heat source before it boils; and repeating the process once it cools. Recipes will dictate how long you'll need to repeat this process, and you can always do some of your own experimenting to make the best possible finished product. Some beekeepers use a heated tank to warm their honey during the infusion process, and others even use the heating and mixing functions of heated honey creaming machines to make their mixing and infusing as easy as pushing a button.
Historically, state food laws have prevented beekeepers from making and selling infused honey at home, which has been a wet blanket on the development of new recipes. We hope that relaxing these regulations will encourage more beekeepers to (safely) experiment with exciting and delicious new honey infusions that will hopefully boost the demand for honey in every state that extends the same exemptions that New York has recently adopted.
Do you have a favorite infused honey recipe you'd like to share? Let us know on our Facebook page.
