Food Safety, Vendor Licensing and Cottage Food Operators

Food Safety Classes

The Oneida Food Service Code requires all individuals who wish to sell food at any Tribal Event or on Nation property to take a food safety course. Our aim is to educate our food providers and have only the safest food products served in our community. Take a class here. 

Vendor Licensing

Per Oneida Food Service Code, any vendor that wishes to sell prepared food for profit must obtain a license.  This includes:

• vendors that sell at temporary events,
• vendors that wish to open a permanent establishment
• vendors that wish to become an Independent Food Service Operator (selling on reservation boundaries throughout the year without a permanent restaurant/establishment)

How to Become a Food Vendor

Temporary Food Service Establishments (one-time event, for profit)

1. Complete Food Safety Course Certification, verify your food safety certification is current.
2. Contact the Oneida Public Health Sanitarian at (920) 869-4554, or bnichola@oneidanation.org at least two (2) business days prior to the event with date, location, and time.
3. The Oneida Sanitarian will inspect your facility to ensure compliance with Oneida Food Service Code prior to the start of the event.  If inspection is successful, a temporary license will be granted on-site.

Permanent Establishment

1. Complete a food safety course, and verify your food safety certification is current.  ServSave Food Protection Manager and Oneida Food Safety Courses are accepted credentials.
2. Insurance is not a requirement of food service licensing, but is highly recommended.
3. Complete Perm License App 2023     and mail or return the application and the payment to the drop box located at Oneida Environmental, Health, Safety & Land Division:
   Oneida Environmental Health, Safety, Land, and Agriculture Division (EHSLAD), Attn: Brittany Nicholas, Division of Land Management, 470 Airport Road, PO Box 365, Oneida, WI 54155 or bnichola@oneidanation.org
4.  Oneida Sanitarian will review and contact you via next steps.

Independent Food Service Operator (selling within reservation boundaries throughout year without a permanent restaurant/establishment)

1. Complete Food Safety Course Certification, and verify your food safety certification is current.
2. Complete Perm License App 2023     and mail or return the application and the payment to the drop box located at Oneida Environmental, Health, Safety & Land Division:
   Oneida Environmental Health, Safety, Land, and Agriculture Division (EHSLAD), Attn: Brittany Nicholas, Division of Land Management, 470 Airport Road, PO Box 365, Oneida, WI 54155 or bnichola@oneidanation.org
3. Insurance is not required for Independent Food Vendors, but is highly recommended.
4. Oneida Sanitarian will review and contact you via next steps.

Frequently Asked Questions and Important Notices

1. All vendors are required to have one (1) person on site at all times that has proof of a current food safety certification.
2. The above licensees are required to prepare food in a Nation approved commercial kitchen.  This does NOT include your home kitchen. 
3. Licenses will be granted through the Oneida EHSLAD after the Oneida Sanitarian has completed a successful inspection and approves the application requirements. 
4. Vendors who are not for profit or are raising money for a benefit or community sponsored non-for profit events are not required to have Food Safety Certification, nor are they required to submit an application or undergo inspection.  It is highly recommended that at least one (1) person involved in the preparation of the food for the event attends a Food Safety course and has knowledge of the Oneida Food Service Law.  

Cottage Food Operator Exemption

In accordance with the amendments made to the Oneida Food Service Law, homemade non-hazardous, low risk foods may now be sold for profit and be exempted from the regulation of this law. This means licensing requirements, including fees, are waived.

A full copy of the current Food Service Law can be found here: Chapter 305 Oneida Food Service Law BC-05-13-20-D (with new amendments)

Please make sure to read the entire law to understand if you meet the qualifications to register as a Cottage Food Operator.

What does this mean?

You may now make and sell non-hazardous, low risk  food products from your home, directly to the consumer (not via the internet, mail, or through a third party), without needing to be licensed.

What qualifies as a non-hazardous, low risk food? 

“Cottage food products” mean foods  that are non-potentially hazardous foods as defined by the Oneida Food Service Law.  This includes foods with a PH of less than 4.6 and low water content that are not sensitive to time and temperature requirements.  These foods are at a decreased risk of resulting in foodborne illness.  This includes, but is not limited to: non-perishable baked goods such as cakes, most fruit pies (NO custard or filling or topping with Cream), breads, brownies, cookies, donuts (WITHOUT fresh cream),  and muffins; dry mixes; dried fruit; granola; jams, jellies, honey and preserves; home-canned foods such as apples, peaches and lemons or salsa, pickled vegetables and hot sauces; ground coffee with NO dairy or cream added, and other non-potentially hazardous foods that
the Department characterizes and approves of as cottage food products for purposes of this law.  If you are not sure if your food product meets the definition of non-hazardous foods, please contact the Department to inquire and gain approval.

How do I qualify as a Cottage Food Operator Exemption?  

HOME-CANNERS

If you are looking to make and sell home canned goods, you are required to first complete a canning safety course.  Pre-approved canning courses include:

Courses offered by the Oneida Nation Cannery (in-person courses are suspended currently due to COVID)

The online-course (CURRENTLY FREE) offered by University of Michigan Extension found at https://www.canr.msu.edu/foodpreservation/

**Other courses must be approved by the Oneida Nation Cannery**

REGISTRATION

Cottage Food Operators must be registered with the Department prior to selling home made foods.  Registration forms can be found and completed here annually: FY23 Cottage Food Exemption Registration Form FINAL

LABELING REQUIREMENT

Cottage food products must be labeled with the following information:
(1) The name and address of the cottage food operator;
(2) The name of the cottage food product and the date on which it was prepared,
processed or canned; and
(3) A clearly legible sign or placard that states: “this product is homemade and not
subject to inspection by the Nation.”

For more information contact Brittany Nicholas, Sanitarian Office: (920)869-4554 or Email: bnichola@oneidanation.org