Cottage Food Laws by State: How to Legally Sell Homemade Food in 2025
Thinking about selling your homemade cookies, jams, or breads? 🍪🍓 You might not need a commercial kitchen at all! Cottage food laws make it possible to turn your kitchen creations into profit—right from home. Here’s a complete 2025 guide to Cottage Food Laws by State so you can start your home-based food business legally and safely.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
🍪 Cottage Food Law Guide: What You Can (and Can’t) Sell
Note: This chart reflects general U.S. cottage food law trends as of 2025. Each state’s list varies slightly, so always confirm with your state’s Department of Agriculture or Health.
âś… Allowed Cottage Foods (Non-TCS) |
đźš« Not Allowed Cottage Foods (TCS or Restricted) |
|---|---|
|
|
🧾 Quick Examples
Item Type |
Example Allowed |
Example Not Allowed |
|---|---|---|
Baked Goods |
Chocolate chip cookies, banana bread |
Cream-filled Ă©clairs, cheesecakes |
Preserves |
Strawberry jam, apple butter (pH under 4.6) |
Green bean pickles, canned soup |
Snacks |
Kettle corn, trail mix |
Beef jerky, yogurt parfaits |
Drinks |
Dry coffee blends, hot cocoa mix |
Fresh juice, kombucha |
Pet Treats |
Oatmeal dog biscuits |
Meat-based dog jerky |
Tip: When in doubt, ask your state’s cottage food program whether your recipe qualifies as non-TCS (safe at room temperature). If it requires refrigeration or special handling — it’s out.
Alabama
Law Name: Alabama Cottage Food Law (2014, amended 2021)
Allowed Foods: Non-potentially hazardous baked goods, candies, jams, jellies, dry mixes, spices, roasted coffee, and similar shelf-stable foods.
License/Inspection: No license or inspection required, but producers must complete a free online food-safety training course through the Alabama Cooperative Extension System.
Sales & Limits: Direct-to-consumer sales only (home, farmers markets, online within the state). Annual gross sales capped at $20,000.
Labeling: Must include business name, address, product name, ingredients, net weight, and statement: “Made in a home kitchen that is not inspected by the Alabama Department of Public Health.”
Key Tip: Expansion bills are being considered to raise the sales cap—check for updates through Alabama Public Health.
Alaska
Law Name: Alaska Cottage Food Exemption (18 AAC 31.012)
Allowed Foods: Baked goods, jams, jellies, candies, granola, trail mix, and similar non-TCS foods.
License/Inspection: No permit or inspection for direct sales, but local governments may have separate requirements.
Sales & Limits: Direct-to-consumer only; internet sales allowed within Alaska. No specific income limit listed.
Labeling: Label must include producer name, address, contact info, ingredients, and statement “This product was made in a home kitchen not inspected by the State of Alaska.”
Key Tip: If selling at public events or through stores, a food establishment permit is required.
Arizona
Law Name: Arizona Homemade Food Program (ARS §36-136)
Allowed Foods: Baked goods, candies, jams, dry mixes, nut butters, and other shelf-stable foods.
License/Inspection: Producers must register with the Arizona Department of Health Services and complete an online food-handler course.
Sales & Limits: Direct sales allowed at home, online, or farmers markets. No sales cap, but wholesale and out-of-state shipping are prohibited.
Labeling: Must display contact info, product name, ingredient list, allergens, and statement “This product was produced in a home kitchen that may process common food allergens.”
Key Tip: Registration is free—renew every three years.
Arkansas
Law Name: Arkansas Food Freedom Act (2021)
Allowed Foods: Nearly all non-potentially hazardous foods, including canned goods, baked items, dry mixes, and candies.
License/Inspection: No state license, permit, or inspection required for non-TCS foods.
Sales & Limits: Direct-to-consumer sales in person, by delivery, or online within state boundaries.
Labeling: Must include the name and address of the producer, product name, ingredients, and statement “This product was produced in a private residence that is exempt from state licensing and inspection.”
Key Tip: One of the most liberal cottage food laws in the U.S.—but interstate sales remain off-limits.
California
Law Name: California Homemade Food Act (AB 1616)
Allowed Foods: Baked goods, candies, dry mixes, nut butters, jams, and other non-TCS foods listed by the California Department of Public Health.
License/Inspection: Two types:
Class A (direct sales only, requires registration)
Class B (direct + indirect/wholesale, requires permit and inspection).
Sales & Limits: Up to $75,000 annual gross sales (2025 adjusted). Sales may be made in person, at events, or online within California.
Labeling: Must state “Made in a Home Kitchen,” include permit number, producer name, and all standard labeling info.
Key Tip: Class B license opens wholesale opportunities, but county enforcement varies.
Colorado
Law Name: Colorado Cottage Foods Act (CRS 25-4-1614)
Allowed Foods: Non-TCS items: baked goods, candies, preserves, spices, teas, and dehydrated foods.
License/Inspection: No license, but mandatory food-safety course through CSU Extension.
Sales & Limits: Direct-to-consumer only; no online or wholesale. Annual limit: $10,000 per product type.
Labeling: Must include name, address, contact info, date, ingredients, and statement “This product was produced in a home kitchen not subject to state inspection.”
Key Tip: You can sell multiple product types, each capped separately at $10K.
Connecticut
Law Name: Connecticut Cottage Food Law (2021)
Allowed Foods: Baked goods, jams, candies, dried fruits, granola, and similar shelf-stable foods.
License/Inspection: Must apply for a cottage food license and pass an initial kitchen inspection.
Sales & Limits: Direct-to-consumer only, in person or online. Wholesale and interstate prohibited.
Labeling: Requires full disclosure of ingredients, allergens, and the statement “Made in a home kitchen not inspected by the Department of Consumer Protection.”
Key Tip: Connecticut allows online orders but not interstate shipping.
Delaware
Law Name: Delaware Cottage Food Establishment Law (16 Del. C. § 122(3)(u))
Allowed Foods: Baked goods, jams, candies, honey, and roasted nuts.
License/Inspection: Registration required with Delaware Division of Public Health; no routine inspections unless complaint is filed.
Sales & Limits: Direct-to-consumer at home, farmers markets, or events. Sales cap: $25,000 annually.
Labeling: Must include name/address, ingredients, allergens, and statement “This food is made in a cottage food establishment not subject to routine inspection.”
Key Tip: Honey producers under 300 gallons annually are separately exempt.
Florida
Law Name: Florida Cottage Food Law (F.S. §500.80)
Allowed Foods: Baked goods, jams, candies, nuts, honey, and dehydrated produce.
License/Inspection: None required; producers must follow labeling rules and ensure food is non-TCS.
Sales & Limits: Direct sales (in person, mail order, or online within Florida). No sales cap. Wholesale prohibited.
Labeling: Must include name/address, product name, ingredients, allergens, net weight, and statement “Made in a cottage food operation that is not subject to Florida’s food safety regulations.”
Key Tip: Florida has one of the broadest internet sale allowances among all states.
Georgia
Law Name: Georgia Cottage Food Regulations (Ga. Comp. R. & Regs. 40-7-19)
Allowed Foods: Baked goods, candies, jams, jellies, dried herbs, and nuts.
License/Inspection: Must obtain a Cottage Food License and pass inspection by Georgia Department of Agriculture.
Sales & Limits: Direct-to-consumer only; no online or wholesale. No sales cap specified.
Labeling: Must list name/address, product name, ingredients, allergens, and “Made in a cottage food operation not subject to routine inspection.”
Key Tip: You’ll need zoning approval before inspection in many counties.
Hawaii
Law Name: Hawaii Cottage Food Law (Act 184, 2013)
Allowed Foods: Non-TCS foods such as baked goods, candies, jams, and snacks.
License/Inspection: Must complete an approved food-safety training course and register with Hawaii Department of Health.
Sales & Limits: Direct-to-consumer only. No wholesale or interstate sales.
Labeling: Include name, address, ingredients, allergens, and statement “Made in a home kitchen not routinely inspected by the Department of Health.”
Key Tip: Hawaii has strong local health enforcement; maintain records of sales and training certificates.
Idaho
Law Name: Cottage Food (Guidance via Idaho Department of Health & Welfare and Public Health Districts)
Allowed Foods: Non-TCS (non–time/temperature control for safety) items such as shelf-stable baked goods, candies, dry mixes, dried fruits, herbs/spices, granola/trail mix, popcorn, nuts, vinegars.
License/Inspection: No food establishment license/permit required for cottage foods; local public health districts do not routinely inspect cottage food operations.
Sales & Limits: Direct-to-consumer only (farmers markets, roadside stands, internet order with in-state delivery/pickup). Third-party/wholesale not allowed.
Labeling: Include producer name, address/contact, product name, ingredients (by weight), allergens, and a disclosure that the product was prepared in a home kitchen not inspected by the state/local health department.
Key Tip: You may still need a state sales tax permit and a local business license depending on your city/county.
Illinois
Law Name: Illinois Cottage Food Law (IDPH)
Allowed Foods: Shelf-stable baked goods, candies, jams/jellies, dry goods, and other non-TCS items; prohibited items listed by statute/regulation.
License/Inspection: Register as a Cottage Food Operator with your local health department; follow any county/municipality requirements.
Sales & Limits: Direct-to-consumer sales, including at or through farmers markets, from home, online within Illinois, and delivery/pickup (no wholesale).
Labeling: Standard name/address, ingredients/allergens, net quantity, and the state-required cottage food disclosure statement.
Key Tip: Check your county’s website (e.g., DuPage County) for specific venues allowed and any local extras (zoning, registration forms).
Indiana
Law Name: Home-Based Vendor (HBV) (IC 16-42-5.3; 2025 HB1562 activity)
Allowed Foods: Non-TCS foods (shelf-stable baked goods, confections, dry mixes, etc.) produced in a residential kitchen.
License/Inspection: Operate under HBV rules; state guidance and local health departments enforce. Keep current on food-safety training per the latest HBV handbook.
Sales & Limits: Direct-to-consumer venues (farmers markets, roadside, events, in-state online/pickup/delivery) as permitted by HBV rules; wholesale generally not allowed.
Labeling: HBV disclosure statement plus name, address, ingredients/allergens, net quantity, and date as specified.
Key Tip: Laws are active in 2025; verify any new limitations or expansions before launching (training and venue specifics can change).
Iowa
Law Name: Cottage Food Law (HF2431, 2022; DIAL guidance)
Allowed Foods: Foods prepared in a private residence that do not require temperature control for safety (non-TCS), properly labeled, and sold direct to consumer.
License/Inspection: If the food meets all cottage criteria, no license/inspection; other categories (e.g., Home Food Processing Establishments) require licensing.
Sales & Limits: Direct-to-consumer only; confirm any venue-specific limits (farmers markets, events, online within Iowa) per DIAL.
Labeling: Producer name/address/contact, product name, ingredients in descending order, allergens, net quantity, and required cottage statement.
Key Tip: DIAL publishes updated PDFs and templates; use the latest forms for labels and market operations.
Kansas
Law Name: No single “cottage food law”; direct-to-consumer sales allowed under Kansas Department of Agriculture (KDA) policy and Food Code.
Allowed Foods: Non-TCS foods (e.g., shelf-stable baked goods, dry mixes). Higher-risk items require licensing under the Food Code.
License/Inspection: Many direct-to-consumer sales of shelf-stable homemade foods are exempt from licensing, but rules depend on product and venue.
Sales & Limits: Direct sales to end consumers (farmers markets, events, from home). Wholesale/interstate generally not allowed without licensing.
Labeling: Clear labels with name/address, ingredients/allergens, net quantity, and a disclosure that products are made in a home kitchen.
Key Tip: Use K-State Research & Extension’s MF3138 to confirm what’s allowed at specific venues; KDA publishes current Food Code updates.
Kentucky
Law Name: Home-Based Processing/Microprocessing Programs (CHFS Food Safety Branch; HB 391 and related)
Allowed Foods: For Home-Based Processing, low-risk items (baked goods, jams, candies, etc.). Microprocessing applies to certain farm-sourced, value-added foods.
License/Inspection: Registration required for Home-Based Processing; microprocessing has additional requirements. Check CHFS for forms and training.
Sales & Limits: Direct sales at in-state locations such as registered farmers markets, certified roadside stands, on-farm sales; venue specifics vary by program.
Labeling: Name/address, ingredients/allergens, net quantity, and required statements per program rules.
Key Tip: Your final product and where ingredients are grown determine whether you qualify as Home-Based Processor vs. Microprocessor—review carefully.
Louisiana
Law Name: Louisiana Cottage Food (R.S. 40:4.9 and amendments)
Allowed Foods: “Low-risk” non-TCS items including breads, cakes, cookies, pies, jams/jellies, and certain shelf-stable goods.
License/Inspection: No health department permit or inspection for cottage foods, but compliance with specific statutory conditions is required.
Sales & Limits: Direct-to-consumer sales only; check current law for restrictions (e.g., on employing assistants) and any tax certificate requirements.
Labeling: Name/address, product name, ingredients/allergens, net quantity, and the state-required disclosure.
Key Tip: Watch for 2025 updates that change terminology to “non-potentially hazardous food”; always verify the latest list and conditions.
Maine
Law Name: Maine Food Sovereignty Act; Home Food License (DACF)
Allowed Foods: Shelf-stable home-produced foods under a Home Food License; local food sovereignty ordinances may allow broader direct-to-consumer sales within those municipalities.
License/Inspection: Many home food businesses need a state Home Food License (basic facility standards apply). In towns with food-sovereignty ordinances, some direct sales may be exempt—check local rules.
Sales & Limits: Direct-to-consumer sales; wholesale/retail store sales typically require licensing. Scope can vary in food-sovereignty towns.
Labeling: Standard labeling with ingredients/allergens, net quantity, producer info, and any required disclosures.
Key Tip: Start by calling DACF (Quality Assurance & Regulations) to confirm if your town has a sovereignty ordinance affecting your requirements.
Maryland
Law Name: Maryland Cottage Food Businesses (COMAR 10.15.03)
Allowed Foods: Non-TCS items (baked goods, confections, jams/jellies, dry goods) produced in a residential kitchen.
License/Inspection: Cottage food businesses are defined by COMAR; routine licensing/inspection not required for cottage foods within revenue limits and direct sales; other foods/venues require licensing.
Sales & Limits: Direct-to-consumer at home, events, or online within Maryland; check current revenue cap and retail restrictions.
Labeling: COMAR requires specific label language plus ingredients/allergens, net quantity, and business information.
Key Tip: Use the 2025 MDH cottage food guidance PDF—Maryland updates labeling wording and revenue thresholds periodically.
Massachusetts
Law Name: Retail/Wholesale Residential Kitchens (105 CMR 590 & 105 CMR 500)
Allowed Foods: Non-TCS items produced in a permitted Retail Residential Kitchen for direct-to-consumer sales; wholesale from a residential kitchen requires a separate state license.
License/Inspection: Retail Residential Kitchens are permitted and inspected by the local board of health; wholesale residential kitchens are licensed by the state.
Sales & Limits: Direct-to-consumer (e.g., farmers markets, internet/mail to consumers) with a local retail permit; wholesale requires 105 CMR 500 licensure.
Labeling: Full ingredient/allergen disclosure, net quantity, and compliant labeling per the Retail Food Code.
Key Tip: Contact your town health department (e.g., Boston, Mansfield) for the local packet and inspection checklist before producing.
Michigan
Law Name: Michigan Cottage Food Law (MDARD)
Allowed Foods: Shelf-stable baked goods, candies, jams/jellies, dry goods, coffee beans, popcorn, etc. (see MDARD’s “What’s Allowed” list).
License/Inspection: No MDARD license or routine inspections for cottage foods meeting the law.
Sales & Limits: Direct-to-consumer only (farmers markets, roadside stands, from home, limited online arrangements) with an annual gross sales cap of $25,000.
Labeling: Required MDARD labeling with name/address, product name, ingredients/allergens, net weight, and the cottage disclosure statement.
Key Tip: MDARD updates its one-page guidance frequently—use the latest version for compliant labels and product lists.
Minnesota
Law Name: Cottage Food Exemption (Minn. Stat. 28A.152)
Allowed Foods: Non-TCS foods and certain home-canned goods meeting acidity/water-activity parameters.
License/Inspection: No license, but annual registration with MDA is required. Training depends on sales tier (Tier 1 vs Tier 2).
Sales & Limits: Direct-to-consumer; Tier 1 applies under a low sales threshold, Tier 2 allows higher sales up to the current cap; no wholesale.
Labeling: Name/address, product name, ingredients/allergens, net quantity, date, and the required cottage statement.
Key Tip: Check MDA’s current Tier thresholds (updated annually) and complete the correct training before selling.
Mississippi
Law Name: Mississippi Cottage Food Operations (Miss. Code Ann. § 75-29-951; MSDH)
Allowed Foods: Non-TCS items (baked goods, candies, jams/jellies, dry mixes, etc.).
License/Inspection: No license/permit required for cottage food operations under the law; inspections typically only upon complaint.
Sales & Limits: Direct-to-consumer sales with an annual gross sales limit (see MSDH’s current Q&A; historically $20,000—verify the latest amount).
Labeling: Standard cottage label with business info, ingredients/allergens, net contents, and required disclosure statement.
Key Tip: MSDH’s cottage food page links to the most recent Q&A PDF—always check it for the active sales cap and labeling text.
Missouri
Law Name: Home-Based Kitchen/Cottage Food (state guidance; local health depts.)
Allowed Foods: Non-TCS foods such as baked goods, jams/jellies, dried herbs/herb mixes; low-acid canned foods are excluded.
License/Inspection: No state food permit/license for cottage production meeting the law; follow labeling/venue limits.
Sales & Limits: Direct-to-consumer sales (stands, markets, events) per local rules; no wholesale/third-party resale.
Labeling: Name/address, ingredients/allergens, net quantity, and the home-kitchen disclosure statement required by law.
Key Tip: Some city/county health departments publish their own checklists—confirm local policies before selling.
Montana
Law Name: Cottage Food (Retail Foods Law 50-50-116, MCA)
Allowed Foods: State-approved list of non-TCS cottage foods (baked goods, certain preserves, snacks, etc.).
License/Inspection: Registration with local Environmental Health Agency is required; inspections generally complaint-based.
Sales & Limits: Direct-to-consumer only within Montana; third-party/wholesale not allowed.
Labeling: Use the state example label: name/address, product name, ingredients/allergens, net contents, and cottage disclosure.
Key Tip: Keep pets out of the kitchen during production and maintain a clean workspace—these are checked during registration.
Nebraska
Law Name: Cottage Food (LB 304, updated by LB 262 in 2024)
Allowed Foods: Non-TCS foods permitted by statute/regulation.
License/Inspection: Registration required with the Nebraska Dept. of Agriculture (NDA); LB 262 clarifies that cottage foods must be prepared in a private home (not a mobile unit).
Sales & Limits: Direct-to-consumer in person or online for in-state pickup/delivery; no wholesale.
Labeling: Required label with producer info, ingredients/allergens, net quantity, and the home-kitchen disclosure; additional label elements for any TCS items sold under other licenses.
Key Tip: Read NDA’s LB 262 update if you operate a mobile trailer—you must pre-make products at home to qualify as cottage food.
Nevada
Law Name: Cottage Food Operations (DPBH/SNHD)
Allowed Foods: Non-TCS, shelf-stable items listed by Nevada’s cottage program.
License/Inspection: Registration is required and administered by different authorities by county (e.g., Southern Nevada Health District handles Clark County; DPBH registers certain rural counties).
Sales & Limits: Direct-to-consumer sales within Nevada; confirm online/mail options with your registering authority; no wholesale.
Labeling: Name/address, contact, ingredients/allergens, net contents, production/pack date as required, and the cottage disclosure.
Key Tip: Verify which agency (SNHD, Washoe, or DPBH) covers your county before you apply—rules and forms differ.
New Hampshire
Law Name: Homestead Food Operations (RSA 143-A)
Allowed Foods: Low-risk, shelf-stable goods (breads, cookies, candies, jams/jellies, fudge, double-crusted fruit pies, etc.).
License/Inspection: Many small-scale homestead producers can sell without a Homestead Food License if they meet NHDHHS safety and labeling requirements; larger/expanded activities may require licensing.
Sales & Limits: Direct-to-consumer at farmers markets, roadside stands, from home; certain retail sales may be permitted—check current rules.
Labeling: Required statement and standard label elements per NHDHHS guidance.
Key Tip: Lawmakers have considered changes in 2025—confirm the current list of allowed foods and any thresholds before selling.
New Jersey
Law Name: Cottage Food Operator Permit (2021 regulations; NJ DOH)
Allowed Foods: Approved list of non-TCS foods.
License/Inspection: Permit required from NJ Department of Health (biennial, $100); Food Protection Manager certificate and proof of potable water required; home inspection generally not required.
Sales & Limits: Direct-to-consumer sales at permitted venues and via approved online channels within NJ; no wholesale.
Labeling: Product name, ingredients/allergens, net contents, producer info, and the required cottage statement.
Key Tip: Check zoning approval with your municipality before submitting your DOH application package.
New Mexico
Law Name: Homemade Food Act (effective July 1, 2021)
Allowed Foods: Non-TCS “low-risk” homemade foods prepared at a private farm, ranch, or residence.
License/Inspection: No food permit required for Homemade Food Act items; environmental health agencies no longer issue “home-based food processor” permits for these products.
Sales & Limits: Direct-to-consumer sales; online/mail delivery allowances may vary by local guidance—confirm with your local environmental health office before advertising internet sales.
Labeling: Name/address, product name, ingredients/allergens, net quantity, production date (if required), and the homemade-food disclosure statement.
Key Tip: Farmers’ markets and private venues can set stricter rules; always check each venue’s policy in addition to the state law.
New York
Law Name: Home Processor Exemption (NYSDAM)
Allowed Foods: Non-TCS foods including baked goods, candies, jams/jellies, snack mixes, granola, and some acidified foods listed by the state.
License/Inspection: Exempt from food processor license but must file a Home Processor Registration Form with the NY State Department of Agriculture and Markets.
Sales & Limits: Direct-to-consumer at home, markets, events, or online (in-state only). Wholesale allowed only to end retailers if pre-approved.
Labeling: Standard NYSDAM labeling including producer name/address, ingredients/allergens, net quantity, and statement “Made in a home kitchen not subject to state inspection.”
Key Tip: Submit your registration before starting; NY requires review and approval before you sell.
North Carolina
Law Name: Home Processing (NCDA&CS Food Program)
Allowed Foods: Non-TCS baked goods, jams, candies, dry mixes, and other shelf-stable items.
License/Inspection: Home inspection required by NC Department of Agriculture & Consumer Services; producers must complete application and provide recipes for review.
Sales & Limits: Direct-to-consumer and wholesale in-state after inspection; interstate sales not allowed without FDA registration.
Labeling: Required NC label including producer name/address, ingredients/allergens, net weight, and required disclosure statement.
Key Tip: NC’s program allows small-scale wholesale once inspected—rare among states.
North Dakota
Law Name: North Dakota Food Freedom Act (2017; updated 2023)
Allowed Foods: All homemade foods and beverages, including certain perishable items, except raw dairy and most meats.
License/Inspection: No license, inspection, or permit required for direct-to-consumer sales of homemade foods.
Sales & Limits: Direct-to-consumer sales only; no wholesale, institutional, or restaurant sales.
Labeling: Label with producer name, contact info, ingredients/allergens, and statement “This product was produced in a home kitchen not subject to state inspection.”
Key Tip: ND’s Food Freedom Act is one of the broadest—farmers market vendors often use it to sell refrigerated baked goods and fermented items legally.
Ohio
Law Name: Cottage Food Production Operation (Ohio Revised Code § 3715.025)
Allowed Foods: Shelf-stable baked goods, candies, jams/jellies, granola, dry mixes, and similar products.
License/Inspection: No license/inspection required; automatic classification as Cottage Food Operation once you comply with labeling.
Sales & Limits: Direct-to-consumer, farmers markets, stores, and online in Ohio; no out-of-state sales.
Labeling: Standard label with name/address, ingredients, allergens, net weight, and statement “This product is home produced.”
Key Tip: Ohio permits limited in-state retail sales through stores without commercial licensing.
Oklahoma
Law Name: Home Bakery & Food Freedom Act (HB 1032, 2021)
Allowed Foods: Most non-TCS foods and beverages, including shelf-stable baked goods, jams, candies, and dried products.
License/Inspection: No license or inspection for non-TCS foods under $75,000 annual sales.
Sales & Limits: Direct-to-consumer and online within Oklahoma; shipping allowed within the state.
Labeling: Must include producer name/contact, ingredients, allergens, and statement “This product was produced in a home food establishment not subject to state inspection.”
Key Tip: Oklahoma’s 2021 updates legalized direct online sales with in-state delivery—great for home bakers.
Oregon
Law Name: Oregon Home Bakery Exemption (ORS 616.683)
Allowed Foods: Shelf-stable baked goods that do not contain dairy, cream, or custard fillings.
License/Inspection: Home baking exemption does not require license if under $20,000 annual sales; above that, food establishment license required.
Sales & Limits: Direct-to-consumer only; no internet or wholesale sales under exemption.
Labeling: Product name, ingredients, allergens, net contents, and producer contact info with “This product is homemade and not licensed or inspected by the State of Oregon.”
Key Tip: Stay under $20,000 or get a domestic kitchen license for expanded venues.
Pennsylvania
Law Name: Limited Food Establishment (PA Department of Agriculture)
Allowed Foods: Non-TCS baked goods, candies, jams/jellies, and acidified foods made per safety guidelines.
License/Inspection: Requires Limited Food Establishment license and initial kitchen inspection by PDA.
Sales & Limits: Direct-to-consumer and wholesale allowed in-state after inspection and approval.
Labeling: Must comply with FDA Food Labeling Guide and include PDA license number if applicable.
Key Tip: One of few states allowing wholesale if inspected—great for scaling small bakeries.
Rhode Island
Law Name: Cottage Food Manufacture (RI Gen. Laws § 21-27-6.1; RIDOH)
Allowed Foods: Shelf-stable baked goods and confections prepared in a private home.
License/Inspection: Must apply for a Cottage Food Manufacturer license and pass inspection by RI Department of Health.
Sales & Limits: Direct-to-consumer at home, farmers markets, or events; no wholesale or out-of-state sales.
Labeling: Must meet FDA labeling requirements plus “Made in a home kitchen not inspected by RIDOH.”
Key Tip: Rhode Island requires proof of municipal zoning compliance with your license application.
South Carolina
Law Name: Cottage Food Law (SC Code § 44-1-143)
Allowed Foods: Shelf-stable non-TCS foods such as baked goods, jams, candies, and dry mixes.
License/Inspection: No inspection or permit required if sales are direct-to-consumer only and products are properly labeled.
Sales & Limits: In-person, farmers markets, home sales, or online within South Carolina; no wholesale.
Labeling: Must include standard label elements and statement “This product was produced in a home kitchen not subject to public health inspection.”
Key Tip: Contact DHEC before expanding beyond direct sales to avoid compliance issues.
South Dakota
Law Name: Cottage Food Law (SDCL 34-18-35; updated 2022)
Allowed Foods: Shelf-stable baked goods, jams, candies, and acidified foods tested for safety.
License/Inspection: No license required for shelf-stable foods sold directly to consumers; higher-risk items need pH or process verification.
Sales & Limits: Direct-to-consumer only; no wholesale or out-of-state shipping.
Labeling: Must follow state guidance with producer info, ingredients, allergens, and “Homemade food, not subject to state inspection.”
Key Tip: South Dakota allows limited acidified foods if lab-tested for pH and water activity.
Tennessee
Law Name: Tennessee Food Freedom Act (2022)
Allowed Foods: All non-TCS foods made at home, including baked goods, jams, dried fruits, and candies.
License/Inspection: None required for non-TCS foods sold directly to consumers.
Sales & Limits: In-person, online, or by delivery within Tennessee; no wholesale or interstate sales.
Labeling: Must include producer contact info, ingredients, allergens, and disclosure statement.
Key Tip: Tennessee’s Food Freedom Act is broad—perfect for micro-bakeries and small vendors.
Texas
Law Name: Texas Cottage Food Law (Health & Safety Code § 437.001–.020)
Allowed Foods: Baked goods, candies, jams/jellies, roasted coffee, dry mixes, and certain fermented foods.
License/Inspection: No license or inspection required for non-TCS foods; Food Handler’s Certificate required.
Sales & Limits: Direct-to-consumer including online orders with in-state delivery; no wholesale.
Labeling: Must include contact info, ingredients/allergens, net contents, and disclosure statement.
Key Tip: Texas law allows limited pickled, fermented, and frozen treats under current amendments—review DSHS chart before producing.
Utah
Law Name: Utah Homemade Food Act (2018; updated 2022)
Allowed Foods: Any homemade, non-TCS foods.
License/Inspection: No license or inspection required for direct sales under the Homemade Food Act.
Sales & Limits: Direct-to-consumer in person, online, or by delivery; no wholesale or interstate shipping.
Labeling: Must include name, contact info, ingredients, allergens, and disclosure statement.
Key Tip: Utah’s act covers both food and beverages, including homemade drinks like kombucha.
Vermont
Law Name: Home Bakery Exemption (Title 6 § 3311a)
Allowed Foods: Baked goods that are non-TCS (no cream fillings or custards).
License/Inspection: No license if annual sales under $6,500; inspection required above that threshold.
Sales & Limits: Direct-to-consumer only; wholesale requires a commercial license.
Labeling: Must include name/address, ingredients/allergens, net contents, and disclosure “Produced in a home kitchen not licensed by the state.”
Key Tip: Vermont’s low cap is intended as a stepping-stone to full bakery licensing.
Virginia
Law Name: Home Food Processing Exemption (VDACS)
Allowed Foods: Non-TCS baked goods, jams/jellies, and other shelf-stable foods.
License/Inspection: Exempt from inspection if sold directly to consumers and labeled properly; wholesale requires inspection.
Sales & Limits: Direct-to-consumer only at home, markets, or events.
Labeling: Must list producer info, ingredients/allergens, and statement “Not for resale—processed and prepared without state inspection.”
Key Tip: Virginia’s exemption allows in-home pickup, making it easy to start a micro-bakery.
Washington
Law Name: Cottage Food Operations (RCW 69.22; WSDA)
Allowed Foods: Non-TCS baked goods, candies, dry mixes, and jams.
License/Inspection: Cottage Food Permit required; annual kitchen inspection by WSDA.
Sales & Limits: Direct-to-consumer only, $25,000 annual cap.
Labeling: WSDA-approved labels with permit number, contact info, ingredients, allergens, and disclosure statement.
Key Tip: Renewal inspections required each year—schedule early to avoid seasonal delays.
West Virginia
Law Name: Home Food Freedom Act (2020)
Allowed Foods: Any non-TCS foods and beverages produced in a private residence.
License/Inspection: No license or inspection required for direct sales to consumers.
Sales & Limits: Direct-to-consumer, online, and delivery allowed within West Virginia; no wholesale.
Labeling: Name, contact info, ingredients/allergens, and required statement “Made in a home kitchen not inspected by the Department of Health.”
Key Tip: One of the most open “food freedom” states—minimal barriers to entry.
Wisconsin
Law Name: Home Bakery Ruling (Wisconsin Circuit Court 2017)
Allowed Foods: Non-TCS baked goods such as cookies, breads, cakes, and pastries.
License/Inspection: No license or inspection per court ruling; Wisconsin DATCP may require separate permits for non-baked foods.
Sales & Limits: Direct-to-consumer only, in person or from home; no wholesale.
Labeling: Name/address, ingredients/allergens, net contents, and “Made in a home kitchen not subject to state inspection.”
Key Tip: Advocacy groups continue pushing for expansion beyond baked goods—watch for 2025 updates.
Wyoming
Law Name: Wyoming Food Freedom Act (2015; amended 2021)
Allowed Foods: Almost all homemade foods and drinks except raw dairy and meat products regulated federally.
License/Inspection: No license or inspection for direct-to-consumer transactions.
Sales & Limits: Direct, online, and delivery allowed statewide; no wholesale to restaurants or stores.
Labeling: Must include producer name/contact and statement “This product was produced in a home kitchen not subject to state inspection.”
Key Tip: Wyoming pioneered the U.S. “Food Freedom” model—one of the broadest in scope.
📌 Love this Cottage Food Laws by State Guide? Pin it!
Frequently Asked Questions about Cottage Food Laws
A cottage food business is a small, home-operated kitchen that legally sells non-potentially hazardous foods like baked goods, jams, candies, or dry mixes without using a commercial kitchen. These laws let home cooks earn income while keeping overhead low.
Most states allow shelf-stable foods that don’t require refrigeration—such as cookies, bread, muffins, dry spice blends, granola, candy, jams, and jellies. Each state maintains its own approved food list, so always confirm before selling.
Foods requiring refrigeration or strict temperature control—like cream pies, cheesecakes, meat, seafood, or low-acid canned vegetables—are usually prohibited. These items fall under commercial food-safety regulations instead.
Some states allow sales with no license, while others require a simple registration or food handler permit. States like Texas and Florida require minimal paperwork, whereas Pennsylvania and Washington require inspection and licensing.
In most states, no inspection is needed for basic cottage food operations. However, some states—like North Carolina, Massachusetts, and Washington—do require an initial inspection before approval.
All states require clear labeling with the producer’s name, address, ingredients (in descending order), allergens, net weight, and a disclosure such as “Made in a home kitchen not subject to state inspection.”
Most states allow online orders and in-state delivery, but interstate shipping is almost always prohibited. You can often deliver locally or meet customers, but crossing state borders changes your legal classification.
You can typically sell direct-to-consumer at farmers markets, roadside stands, special events, or from your home. Some states also allow online preorders and in-state deliveries.
Yes—many states set annual sales caps between $20,000 and $75,000. States like California and Florida have higher caps, while others have no limit at all (e.g., Wyoming and North Dakota under Food Freedom Acts).
Generally, no. Cottage food laws cover only direct-to-consumer sales. To sell to retailers or restaurants, you’ll need a commercial food license or “domestic kitchen” permit in your state.
Many states now require at least one person per operation to complete a food handler or safety course online. Even when optional, certification can build trust and prevent costly mistakes.
Yes, if baked or cooked into the product and not stored perishable. You must list all major allergens (milk, eggs, wheat, soy, peanuts, tree nuts) clearly on your product label.
In most states, no separate kitchen is needed—but you must keep clean records and sanitize surfaces before and after production. States that inspect may require separate storage areas for business ingredients.
Yes. You can start under cottage food law and later upgrade to a commercial kitchen when your business grows or you plan to sell wholesale. This is the typical path to turning a home bakery into a licensed business.
Yes, most states encourage local sourcing. You can use fruits, herbs, and vegetables from your own garden as long as they’re properly washed and handled under safe food practices.
Yes. Cottage food laws are state-level, but your local zoning or HOA can still restrict signage, deliveries, or home-based businesses. Always check local ordinances before you start selling.
Once you surpass your state’s limit or begin wholesale sales, you must transition to a licensed food establishment (commercial or domestic kitchen) and follow FDA/state health guidelines.
It’s not required by law in most states, but insurance is highly recommended. It protects you against claims of illness, injury, or property damage from your products.
Foods that do not support bacterial growth without refrigeration—like bread, cookies, or dry mixes—are generally non-TCS. High-moisture or dairy-filled products are not. You can request pH and water activity testing for borderline recipes.
Absolutely! Many successful bakeries began as cottage food ventures. Once you’re ready, apply for a commercial kitchen license, register your business name, secure inspections, and scale up your marketing. It’s the natural next step for growth.
Final Thoughts
Every state in the U.S. now recognizes some form of cottage food or home-based food business law, but the details vary widely. Some states (like Wyoming and North Dakota) embrace full food freedom, while others (like Massachusetts and Rhode Island) still require permits and inspections.
Before starting your home-based bakery, candy shop, or food business, always:
- Confirm your state’s 2025 cottage food rules.
- Check your local zoning and health department for extra requirements.
- Follow all labeling, allergen, and food-safety rules carefully.
- Keep receipts, training certificates, and ingredient lists organized for compliance.
For more help launching your small food business, check out these related Budget101® guides:
