A Comprehensive Guide to Cottage Food Laws

Understanding Cottage Food Laws

Cottage Food Laws empower individuals to start small food businesses from their home kitchens, with minimal regulatory barriers. These laws typically allow the production and sale of non-potentially hazardous foods that are low-risk for foodborne illnesses. Common examples include baked goods, jams, jellies, candies, dried herbs, and certain canned goods.

Key Features of Cottage Food Laws

• ✓Home-Based Production: Allows food preparation in residential kitchens
• ✓Limited Scope: Restricts the types of foods that can be produced and sold
• ✓Direct Sales: Permits sales through farmers' markets, roadside stands, and online platforms
• ✓Simplified Licensing: Requires basic permits rather than comprehensive health inspections
• ✓Labeling Requirements: Mandates proper labeling of ingredients, allergens, and producer information

The Importance of Following Cottage Food Laws

By adhering to your state's Cottage Food Laws, you're not just following rules – you're setting a strong foundation for a successful, sustainable, and legally compliant home-based food business.

Alabama's Cottage Food Law

Alabama's Cottage Food Law allows individuals to produce and sell certain nonhazardous foods from their homes without a commercial kitchen license. The law defines cottage food as nonpotentially hazardous food prepared in a person's home that doesn't require time or temperature control for safety.

Permitted Foods

Labeling Requirements

• ✓Producer name and address
• ✓Product name and common name
• ✓Safety statements
• ✓Ingredient list with allergen information
• ✓Product weight or volume

Note: The 2021 revision removed the gross sales limit, allowing businesses to scale without ceiling constraints. To learn more about Alabama's Cottage Food Law, visit the
Alabama Cottage Food Law: Basic Rules and Regulations.

Alaska's Cottage Food Law

Alaska's cottage food regulations, established in 2012, allow for the sale of non-potentially hazardous foods directly to consumers without a permit. These regulations are overseen by the Alaska Department of Environmental Conservation's Food Safety and Sanitation Program, with the Municipality of Anchorage having its own aligned but slightly different regulations.

Key Information

• ✓Annual sales limit of $25,000
• ✓Direct sales to consumers only
• ✓No permit required (except in Anchorage)
• ✓Products must be non-potentially hazardous (non-TCS)

Allowed Foods

Labeling Requirements

• ✓Alaska Business License number OR producer's name, address, and phone number
• ✓Statement: "THESE PRODUCTS ARE NOT SUBJECT TO STATE INSPECTION"
• ✓Ingredient list with allergen information

Note: The Municipality of Anchorage has additional requirements, including a Cottage Food License ($25/year) and Food Workers Card ($10/3 years). For more information, visit Alaska Cottage Food Law.

Arizona's Cottage Food Program

Arizona residents are required by ARS 36-136(H)(4)(g) to register for the Arizona Cottage Food Program in order to prepare food products in a private home kitchen for commercial purposes.

Key Information

• ✓Registration with the Arizona Cottage Food Program is required
• ✓Food handler training course completion and certification is mandatory
• ✓Non-potentially hazardous foods only (non-TCS)

Allowed Foods

Labeling Requirements

• ✓Name and registration number of the food preparer
• ✓Ingredient list and preparation date
• ✓Statement: "This product was produced in a home kitchen that may process common food allergens and is not subject to public health inspection"

Note: To renew your Cottage Food Certificate, previously Home Baked and Confectionery Goods, a new registration must be completed. For more information, visit Arizona Cottage Food Program.

Arkansas Food Freedom Act

The Food Freedom Act, enacted by the 93rd General Assembly of Arkansas in 2021, exempts certain producers of homemade food or drink products from licensure, certification, and inspection requirements, encouraging the sale of local homemade products.

Key Information

• ✓No licensure, certification, or inspection required for homemade food or drink products
• ✓Homemade products must be non-time/temperature control for safety (non-TCS)
• ✓Direct transactions between the producer and the consumer

Allowed Foods

Labeling Requirements

• ✓The name, address, and telephone number of the producer
• ✓Common name of the product
• ✓Ingredients listed in order of predominance
• ✓Statement: "This product was produced in a private residence that is exempt from state licensing and inspection. This product may contain allergens."

Note: Homemade food and drink products may not be sold in licensed food service establishments but may be sold at locations such as farms, farmers' markets, and pop-up shops. For more information, visit Arkansas Food Freedom Act.

California Cottage Food Operations Act (AB 1616)

AB 1616, also known as the Cottage Food Operations Act, enables small food businesses in California to produce and sell certain non-potentially hazardous foods from a home kitchen. This bill provides exemptions for cottage food operations from specific licensure, certification, and inspection requirements, while setting health and safety standards.

Key Information

• ✓No permit required for "Class A" cottage food operations (direct sales only)
• ✓Permit required for "Class B" cottage food operations (direct and indirect sales)
• ✓All cottage food operations must prepare only non-potentially hazardous foods

Allowed Foods

Labeling Requirements

• ✓Label must state: "Made in a Home Kitchen" in 12-point type
• ✓Name, permit/registration number, and county of the operation
• ✓Ingredients in descending order by weight

Note: Class A cottage food operations are only subject to inspection in case of a complaint, while Class B operations are inspected annually. For more information, visit California Cottage Food Law.

Colorado Cottage Foods Act

The Colorado Cottage Foods Act allows individuals to produce and sell certain nonpotentially hazardous foods from home kitchens. The purpose of this act is to promote local food production and expand agricultural sales through farmers' markets, farms, and direct-to-consumer sales.

Key Information

• ✓Sales are limited to nonpotentially hazardous foods that do not require refrigeration.
• ✓Sales must be made directly to informed end consumers within Colorado (no interstate sales).
• ✓Producers must complete a food safety course and maintain compliance.
• ✓Net revenue from each food product is capped at $10,000 per year.

Allowed Foods

Labeling Requirements

• ✓The product name, producer's name, address, and contact information
• ✓Production date and a complete list of ingredients
• ✓Disclaimer: "This product was produced in a home kitchen that is not subject to state licensure or inspection."

Disallowed Foods

• ✗Potentially hazardous foods requiring refrigeration
• ✗Foods intended for resale

For more information and to review the full list of allowed foods, visit Colorado Cottage Foods Act.

Connecticut Cottage Food Program

Cottage food in Connecticut refers to food made in a home kitchen for direct sale to consumers. Public Act 18-141 sets specific guidelines for what types of food can be produced and sold, ensuring food safety and compliance with both state and FDA regulations. As of October 1, 2018, cottage food operators can apply for a license and sell once their application is approved.

Key Information

• ✓Cottage food must be produced in the kitchen of a private residence (not in outbuildings or commercial spaces).
• ✓License required to operate a cottage food business, with a $50 application fee.
• ✓Gross sales are limited to $25,000 per year.

Allowed Foods

Labeling Requirements

• ✓Product name and ingredients listed in descending order of predominance by weight.
• ✓Physical address of the home kitchen (no P.O. boxes allowed).
• ✓Allergen information (e.g., milk, eggs, tree nuts).
• ✓Disclaimer: "Made in a Cottage Food Operation that is not Subject to Routine Government Food Safety Inspection."

Disallowed Foods

• ✗Potentially hazardous foods requiring temperature control
• ✗Foods not prepackaged or labeled at the time of sale

For more information and details on regulations, visit the Connecticut Cottage Food Program.

Delaware Cottage Food Regulations

These regulations are known as the State of Delaware Cottage Food Regulations, established by the Delaware Department of Health and Social Services. The purpose is to create registration procedures and standards for home-based food processing operations, ensuring public health and safety.

General Provisions

• ✓Cottage food establishments (CFEs) must register annually with a $30 fee and must renew by March 31 each year.
• ✓Inspections may be conducted in response to complaints or reports of food-borne illness.
• ✓CFEs are only permitted to engage in direct sales to consumers within Delaware.
• ✓Wholesale and online sales are not permitted. Advertising online is allowed.

Definitions

• ✓Adulterated: Food that is not safe or fit for consumption.
• ✓Cottage food establishment: A home-based food processing facility producing non-time/temperature-controlled food items.
• ✓Direct sales: Sales made directly from the cottage food producer to the consumer.
• ✓Non-time/temperature-controlled for safety (non-TCS) food: Food that does not require refrigeration to prevent the growth of harmful microorganisms.

Allowable Products

• ✓Bakery items like cakes, breads, cookies, rolls, and fruit pies (excluding TCS items like cream-filled pastries).
• ✓Jams, jellies, and fruit preserves that meet required safety standards.
• ✓Candy products like fudge, chocolates, lollipops, and hard candies.
• ✓Products may not contain cannabis.

Labeling Requirements

• ✓Labels must include the name of the CFE, product name, city/town in Delaware, phone number or email, and net weight or unit count.
• ✓Labels must include the statement: "This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections."
• ✓Allergen labeling is required for major food allergens such as milk, eggs, fish, tree nuts, and peanuts.

Registration Requirements

• ✓Registration must be renewed annually, and producers must submit a new application in case of change of ownership.
• ✓Producers must submit details about products, processes, ingredients, and example labels with their application.

Compliance and Enforcement

• ✓Operating without registration may result in immediate closure.
• ✓Repeat violations or general unsanitary conditions may lead to administrative actions or registration suspension.

For more information and to access the Delaware Cottage Food Regulations, visit the official regulations page.

Florida Cottage Food Law

The Florida Cottage Food Law allows individuals to use their unlicensed home kitchens to produce and sell low-risk food products directly to consumers. These operations do not require a food permit from the Florida Department of Agriculture and Consumer Services, provided that their gross sales do not exceed $250,000 annually.

Approved Cottage Food Products

• ✓Loaf breads, rolls, and biscuits
• ✓Cakes, pastries, and cookies
• ✓Candies and confections
• ✓Honey
• ✓Jams, jellies, and preserves
• ✓Fruit pies and dried fruits
• ✓Dry herbs, seasonings, and mixtures
• ✓Homemade pasta
• ✓Cereals, trail mixes, and granola
• ✓Coated or uncoated nuts
• ✓Vinegar and flavored vinegars
• ✓Popcorn and popcorn balls

Cottage Food Law Basics

• ✓Cottage food operators may sell products directly to consumers, through their website, or by mail order.
• ✓Cottage foods cannot be sold wholesale.
• ✓Cottage foods must be properly packaged and labeled.
• ✓Prepackaged samples can be served free for tasting.
• ✓Cottage food operations must comply with applicable state or federal tax laws, rules, and certificates.

For more details on Florida's Cottage Food Law, visit the Florida Department of Agriculture and Consumer Services website.

Georgia Cottage Food Law

Georgia's Cottage Food Regulations allow individuals to use their home kitchens to produce and sell non-potentially hazardous food products directly to consumers. These regulations are intended to safeguard public health while giving cottage food operators the opportunity to produce and sell food from their home kitchens.

Key Definitions

• ✓Cottage Food Operator: A person producing cottage food products only in the home kitchen of their primary residence.
• ✓Cottage Food Products: Non-potentially hazardous foods such as baked goods, jams, jellies, and preserves produced in a home kitchen.
• ✓Home Kitchen: A kitchen in a domestic residence used for preparing food for sale under the Cottage Food Law.
• ✓Non-Potentially Hazardous Food: Foods that do not require temperature control for safety, such as baked goods, candies, fruit pies, and dry herbs.

Cottage Food License & Registration

All cottage food operators in Georgia must register with the Georgia Department of Agriculture's Food Safety Division and obtain a Cottage Food License before beginning operations.

• ✓Annual license fee: $100
• ✓A water analysis is required annually for operators with private water supplies.
• ✓Cottage Food Licenses are issued after an initial kitchen inspection and must be renewed annually.

Allowed Cottage Food Products

• ✓Loaf breads, rolls, and biscuits
• ✓Cakes (except those requiring refrigeration)
• ✓Pastries and cookies
• ✓Candies and confections
• ✓Fruit pies
• ✓Jams, jellies, and preserves
• ✓Dried fruits and herbs
• ✓Cereals, trail mixes, and granola
• ✓Popcorn, popcorn balls, and cotton candy

Restrictions

• ✓Cottage food products can only be sold directly to consumers (no wholesale or distribution sales).
• ✓Home-canned products, except for jams and jellies, are not permitted.
• ✓Food must not be prepared in conjunction with domestic activities (e.g., family meal prep).

Labeling Requirements

All cottage food products must be properly labeled with the following information:

• ✓Business name and home address
• ✓Common name of the product
• ✓List of ingredients in descending order by weight
• ✓Net weight or volume
• ✓Allergen labeling as per FDA guidelines
• ✓Statement: "MADE IN A COTTAGE FOOD OPERATION THAT IS NOT SUBJECT TO STATE FOOD SAFETY INSPECTIONS" in 10-point Times New Roman or Arial font.

For more information, visit the Georgia Cottage Food Program website.

Hawaii Cottage Food Law

Hawaii Administrative Rules (HAR) Chapter 11-50 Food Safety Code outlines the regulations for Homemade Food Operations (HMF). These rules allow individuals to produce and sell homemade, non-potentially hazardous food products directly to consumers from their home kitchen without a food establishment permit from the Department of Health (DOH). Homemade food operations remain subject to DOH inspections in response to consumer complaints and potential foodborne illness outbreaks.

Key Definitions

• ✓Homemade Food Operation: A person that produces or packages homemade food products only in the home kitchen of their primary residence.
• ✓Homemade Food Product: A non-potentially hazardous food produced or packaged in a home kitchen.
• ✓Home Kitchen: A kitchen in a private residence intended for use by the residents to produce homemade food.
• ✓Potentially Hazardous Food: A food that requires time/temperature control for safety to prevent foodborne illness.

Homemade Food Operations Basics

• ✓Sales must be made directly to the consumer.
• ✓Sales via internet, mail order, consignment, or wholesale are not permitted.
• ✓Operators can sell at farmers markets, craft fairs, bake sales, and other events where direct-to-consumer sales are allowed.

Allowed and Disallowed Homemade Food Products

The following lists outline which food products are allowed and disallowed to be made and sold from a home kitchen:

Labeling Requirements

All homemade food products must be labeled with the following information:

• ✓Statement: "Made in a home kitchen not routinely inspected by the Department of Health"
• ✓Common name of the product
• ✓Ingredient list in descending order by weight
• ✓Operator's name and contact information

For more information, visit the Hawaii Department of Health Food Safety Program.

Idaho Cottage Food Law

Idaho law allows individuals to produce and sell non-Time/Temperature Control for Safety (non-TCS) foods directly to consumers without regulatory oversight. However, cottage food operations must clearly label their products with a statement indicating that the food was prepared in a home kitchen that is not subject to regulation or inspection and may contain allergens. The distribution of food to third parties, such as wholesalers or for consignment, will result in the operation being classified as a food establishment, which requires regulatory compliance.

Key Guidelines for Cottage Food Operations

• ✓Cottage foods can only be sold directly to consumers within Idaho, including internet and mail order sales.
• ✓Wholesale, consignment, or out-of-state sales are prohibited for cottage food operations and will require the operation to comply with food establishment regulations.
• ✓All cottage food products must include a label or placard that provides the operation's contact information and states that the food was prepared in a home kitchen not regulated by the health department, and that it may contain allergens.

Allowed Non-TCS Foods (As of July 1, 2015)

Cottage food operators in Idaho are allowed to produce and sell the following non-TCS foods:

• ✓Baked goods that do not require refrigeration (e.g., breads, cakes, cookies, pastries)
• ✓Fruit jams and jellies
• ✓Honey
• ✓Fruit pies
• ✓Candies and confections that do not require refrigeration
• ✓Dried fruits (with a natural pH below 4.6)
• ✓Dry herbs and seasonings
• ✓Trail mixes, granola, and cereals
• ✓Popcorn and popcorn balls
• ✓Nuts (coated or uncoated)
• ✓Vinegar and flavored vinegars
• ✓Tinctures that do not make medicinal claims

Important Notes on Cottage Food Products

• ✓If you are unsure about the pH or water activity (aW) of a food item, contact your local Public Health District (PHD) for assistance. Products may need to be tested for pH and aW to confirm they meet non-TCS requirements.
• ✓Home-dried fruits should have a natural pH below 4.6, and it is recommended to use a commercially-produced drying unit, as homemade units are not advisable.
• ✓Pickled products and other acidified foods do not qualify as non-TCS foods.

For more details, visit the Idaho Food Protection Program Website.

Illinois Cottage Food Law

The purpose of this guide is to support cottage food businesses and health departments, foster growth within the cottage food industry in Illinois, and ensure that cottage food products are safe, healthy, and enjoyable for all.

Overview of a Cottage Food Operation

A cottage food operation allows individuals to produce or package food or drinks in their primary domestic residence or an appropriately equipped kitchen on a farm for direct sale to consumers. Products must not include prohibited ingredients and cannot be distributed by a third party. Sales must be direct-to-customer, and all operators must register with their local health department.

Allowed and Prohibited Foods

Important Requirements

• ✓All cottage food operators must complete Certified Food Protection Manager (CFPM) certification.
• ✓Labels must clearly state that products were made in a home kitchen not inspected by the health department and must include ingredients, allergen information, and contact details.
• ✓Sales are limited to direct-to-consumer transactions, either online, at farmers markets, or in-person pickups.

For more details, visit the University of Illinois Extension website or contact your local health department.

Indiana Cottage Food Law

Indiana's House Enrolled Act 1149, passed in 2022, outlines the regulations for home-based vendors (HBVs) in the preparation and sale of food products. This FAQ provides answers to common questions about the HBV law. For further details, contact your local health department. The full law can be found in IC 16-42-5.3.

Approved and Prohibited Foods for Home-Based Vendors

Labeling Requirements

The following must be included on the product label:

• ✓Producer's name and mailing address
• ✓Common name of the food product
• ✓Ingredients listed in descending order by weight
• ✓Net weight or volume
• ✓Date the food was processed
• ✓The statement: "This product is home produced and processed, and the production area has not been inspected by the state department of health. NOT FOR RESALE."
• ✓If selling online, the food product label must be available on your webpage

Additional FAQs

• Q:Can I sell products at my local grocery store?
• A: No, all products must be sold directly to the consumer.
• Q:Do HBVs need allergen labeling?
• A: No, allergen labeling is not required for HBV products.
• Q:Can HBV products be shipped out of state?
• A: No, products cannot be shipped to end consumers outside Indiana.

For more details, contact your local health department or the Indiana Department of Health at (317) 234-8569.

Iowa Cottage Food Law

Iowa's House File 2431, enacted in 2022, outlines regulations for home-based food businesses, including home food processing establishments and cottage food operations. This law aims to support small-scale food producers while ensuring food safety.

Key Points of Iowa's Cottage Food Law

• ✓Home food processing establishments can produce homemade food items for sale with annual gross sales under $50,000
• ✓Cottage food operations are exempt from licensing and inspection for certain non-time/temperature control for safety foods
• ✓Direct sales to consumers are allowed, including in-person, remote, by phone, or internet
• ✓Specific labeling requirements must be followed for all homemade food items

Labeling Requirements

All homemade food items must be labeled with:

• ✓Name and contact information of the producer
• ✓Common name of the food
• ✓Ingredients in descending order of predominance
• ✓Statement: "This product was produced at a residential property that is exempt from state licensing and inspection."
• ✓Allergen information, if applicable

For more details, refer to House File 2431 or contact the Iowa Department of Inspections and Appeals at https://dia.iowa.gov/.

Kansas Cottage Food Law

Kansas allows for the sale of non-potentially hazardous foods produced in home kitchens without licensing or inspection. These foods, known as cottage foods, can be sold directly to consumers at locations such as farmers' markets, roadside stands, and online.

Allowed Foods

• ✓Baked goods without cream, custard, or meat fillings
• ✓Candies and confections
• ✓Fruit jams, jellies, and preserves
• ✓Dry herbs and seasonings
• ✓Nuts and nut mixes

Labeling Requirements

All cottage food products must be labeled with:

• ✓Name and address of the producer
• ✓Name of the product
• ✓Ingredients in descending order of predominance
• ✓Allergen information
• ✓Statement: "This product was produced in a home kitchen that is not subject to state licensure or inspection."

For more information, visit the Regulations and Food Safety Best Practices for Kansas.

Kentucky Cottage Food Law

Kentucky's House Bill 468, effective March 27, 2019, and the corresponding regulation 902 KAR 45:090, effective September 9, 2019, outline the rules for home-based processors in the state. This summary provides key information about registration, allowed products, selling methods, operating standards, and labeling requirements.

Registration Requirements

Home-based processors must register annually by submitting a DFS-250 Application along with a $50.00 fee to the Food Safety Branch. Registration is valid until March 31 each year, with renewal invoices sent annually.

Allowable Items

Kentucky residents may produce the following items in their home kitchen:

• ✓Dried herbs, spices, nuts, candy (without alcohol and no bare-hand contact)
• ✓Dried grains, granola, trail or snack mix
• ✓Whole fruits and vegetables, dried or freeze-dried fruits and vegetables
• ✓Jams, jellies, preserves, fruit butter
• ✓Sweet sorghum syrup, maple syrup
• ✓Bread, fruit pies, pecan pies, cakes, cookies
• ✓Popcorn (plain or seasoned)

Selling Rules & Restrictions

• ✓Annual gross income limit: $60,000
• ✓Direct sales to consumers within Kentucky only
• ✓Sales allowed from home, markets (non-retail), roadside stands, community events
• ✓No shipping allowed

Labeling Requirements

Labels must include:

• ✓Name and address of the home-based processing operation
• ✓Common name of the food product
• ✓Ingredients in descending order of predominance by weight
• ✓Net weight or volume
• ✓Allergen information and nutritional labeling (if applicable)
• ✓Statement: "This product is home-produced and processed" (10-point type minimum)
• ✓Date of processing

For more information, contact the Kentucky Food Safety Branch.

Louisiana Cottage Food Law

Louisiana's cottage food law allows individuals to prepare certain low-risk foods in their home kitchens for sale to the public, with some restrictions and requirements.

Key Points of the Louisiana Cottage Food Law

• ✓Sales Limit: Gross annual sales must be less than $30,000
• ✓Direct Sales Only: Products cannot be sold to retail businesses or for resale
• ✓Labeling: Products must be labeled as not produced in a licensed or regulated facility (except for raw honey)
• ✓Tax Registration: Sellers must be registered to collect applicable local sales and use taxes

Allowed Low-Risk Foods

• ✓Baked goods (breads, cakes, cookies, pies)
• ✓Candies
• ✓Cane syrup
• ✓Dried mixes
• ✓Honey and honeycomb products
• ✓Jams, jellies, and preserves
• ✓Pickles and acidified foods
• ✓Sauces and syrups
• ✓Spices

Note: None of these foods may contain animal muscle protein or fish protein. The sale of foods containing cannabidiol is prohibited unless approved by the FDA as a food additive.

Additional Requirements for Bread, Cake, Cookie, and Pie Preparers

• ✓Protect openings against flies and vermin
• ✓Exclude domestic pets from preparation areas
• ✓Maintain clean and sanitary equipment
• ✓Provide proper refrigeration (45°F or below)
• ✓Use only pasteurized milk for custard and cream-filled products
• ✓Cook custard or cream-filled mixtures to proper temperature

For more information, refer to the Louisiana Revised Statutes 40:4.9.

Maine Home Food License

A Home Food license in Maine allows you to create a variety of shelf-stable products at your home for sale from home and/or at retail stores. These products must be non-potentially hazardous, meaning they don't require refrigeration or freezing to control microbial growth.

General Requirements

• ✓Clean and Sanitary Process Area: Food contact surfaces must be non-absorbent, corrosion-resistant, smooth, and easy to clean. Floors, walls, and ceilings must be smooth and easily cleanable.
• ✓Water Requirements: The kitchen must have a two-bay sink or a one-bay sink and dishwasher with adequate hot and cold water supply. Private water sources require annual testing.
• ✓Refrigerator Temperature Control: A thermometer must be installed to ensure temperature is maintained at 41°F or less.
• ✓Canned, Shelf-Stable Products: Must be submitted for review to ensure proper formulation and safety.
• ✓Labeling Requirements: All foods sold outside the home must be properly labeled with product name, ingredients, net weight/volume, and producer information.
• ✓Animal Requirements: Pets must be excluded from the processing area during production, and all surfaces must be sanitized before processing.

License and Fee

The Home Food License fee is $20/year. An initial inspection is required to receive the license, but annual inspections are not mandatory.

For more information and to apply, visit the Maine Department of Agriculture, Conservation and Forestry website. Additional resources for growing your home-based food business can be found at the University of Maine Cooperative Extension.

Maryland Cottage Food Law

Maryland's Cottage Food Law allows individuals to produce and sell certain non-potentially hazardous foods from a residential kitchen. The law defines a cottage food business as one that produces or packages cottage food products in a residential kitchen in Maryland and has annual revenues from the sale of cottage food products not exceeding $25,000.

Key Points of the Maryland Cottage Food Law

• ✓Sales Limit: Annual revenues must not exceed $25,000
• ✓Sales Channels: Products can be sold directly to consumers from a residence, at farmer's markets, public events, by personal delivery, mail delivery, or to retail food stores
• ✓Interstate Sales: Prohibited

Allowable Foods

• ✓Baked goods without potentially hazardous toppings or fillings
• ✓Jams, jellies, and preserves from fruits with a natural pH of 4.6 or less
• ✓Fruit butters from specific fruits
• ✓Certain candies and confections
• ✓Snacks like popcorn, nuts, and trail mixes

Labeling Requirements

Labels must include:

• ✓Name and address of the cottage food business
• ✓Name of the product
• ✓Ingredients in descending order by weight
• ✓Net weight or volume
• ✓Allergen information
• ✓Statement: "Made by a cottage food business that is not subject to Maryland's food safety regulations."

For more information, visit the Maryland Department of Health Cottage Food Business page.

Massachusetts Cottage Food Law

Massachusetts regulates cottage food production under its retail and manufacturing food codes. The state distinguishes between Time/Temperature Controlled for Safety (TCS) foods and non-TCS foods, which include cottage foods.

Key Points for Cottage Food Producers

• ✓Permits: Retail sales require a permit from the Local Board of Health (LBOH). Wholesale sales require a permit from the Department of Public Health (DPH).
• ✓Exemptions: Cottage food producers are exempt from certain requirements applicable to TCS foods, such as having a Certified Food Protection Manager on staff.
• ✓Farm Sales: Farms selling only whole, uncut fresh produce, unprocessed honey, pure maple products, or farm fresh eggs (stored at 45°F or less) don't require a Retail Food Code permit.

Cottage Food Examples

Non-TCS foods that can be safely held at room temperature include:

• ✓Baked goods (even if they contain ingredients like milk, cream, and eggs)
• ✓Jams and jellies
• ✓Candy
• ✓Dried herbs

For more information, visit the Massachusetts Department of Public Health Retail Food page.

Michigan Cottage Food Law

Michigan's Cottage Food Law, PA 113 of 2010, allows individuals to produce and sell certain non-potentially hazardous foods from an unlicensed home kitchen. This law provides an opportunity for small-scale food entrepreneurs to start their businesses without the need for commercial kitchen space or licensing.

Key Points of the Michigan Cottage Food Law

• ✓Sales Limit: Annual gross sales must not exceed $25,000 per household
• ✓Sales Channels: Direct sales to consumers only, at farmers markets, farm stands, roadside stands, or similar venues
• ✓Product Types: Non-potentially hazardous foods that do not require time and/or temperature control for safety
• ✓Labeling Requirements: Specific labeling requirements must be met, including allergen information

Allowed and Prohibited Foods

For more information on Michigan's Cottage Food Law, visit the Michigan Department of Agriculture & Rural Development website.

Minnesota Cottage Food Law

Minnesota's Cottage Food Law, passed in 2019, allows for the sale of certain non-potentially hazardous foods from home kitchens. The law establishes legal requirements for producers who want to make and sell specific foods from their home or "cottage."

Key Points of Minnesota's Cottage Food Law

• ✓Allowed Foods: Specific non-potentially hazardous foods designated as "cottage foods" by the Minnesota Department of Agriculture (MDA)
• ✓Licensing: No food license required for cottage food production
• ✓Sales Channels: Direct-to-consumer sales within Minnesota, including from home, farmers markets, and festivals
• ✓Labeling Requirements: Specific label information required, including a statement that the product is home-produced

Examples of Allowed Cottage Foods

• ✓Jams, jellies, fruit chutneys, and fruit butters (non-freezer and non-sugar-free)
• ✓Candy (excluding fresh fruit dipped or covered in candy)
• ✓Granola, granola bars, and granola bars dipped in candy
• ✓Flavored honey and maple sugar (with specific requirements)
• ✓Popped popcorn products
• ✓Unfilled, baked donuts and non-potentially hazardous baked goods

For more information on Minnesota's Cottage Food Law, visit the Minnesota Department of Agriculture website.

Mississippi Cottage Food Law

Mississippi's Cottage Food Law allows individuals to produce certain non-potentially hazardous foods in their home kitchens for direct sale to consumers. This law provides an opportunity for small-scale food entrepreneurs while ensuring public health safety.

Key Points of the Mississippi Cottage Food Law

• ✓Sales Limit: Annual gross sales must not exceed $35,000
• ✓Sales Channels: Direct sales to consumers only; wholesale and retail food establishment sales are prohibited
• ✓Advertising: Internet and social media advertising is allowed, but sales must be direct from producer to consumer
• ✓Location: Products must be made in the home kitchen of a private residence

Allowed Foods

• ✓Baked goods without cream, custard, or meat fillings
• ✓Candy and chocolate-covered nonperishable foods
• ✓Dried fruit, pasta, and spices
• ✓Jams, jellies, and preserves (compliant with FDA standards)
• ✓Acidified foods with a pH of 4.6 or below

Labeling Requirements

All Cottage Food products must be labeled with:

• ✓Name and address of the Cottage Food operation
• ✓Name of the product
• ✓Ingredients in descending order of predominance by weight
• ✓Net weight or volume of the product
• ✓Allergen information as specified by federal labeling requirements
• ✓The statement: "Made in a Cottage Food operation that is not subject to Mississippi's food safety regulations." (in at least 10-point type)

For more information on Mississippi's Cottage Food Law, visit the Mississippi State Department of Health website.

Missouri Cottage Food Law

Missouri's Cottage Food Law allows individuals to produce and sell certain non-potentially hazardous foods from their home kitchens. The law is designed to support small-scale food entrepreneurs while ensuring food safety.

Key Points of Missouri's Cottage Food Law

• ✓Allowed Foods: Non-potentially hazardous processed foods, including but not limited to breads, cookies, fruit pies, jams, jellies, preserves, fruit butters, honey, sorghum, cracked nuts, packaged spices and spice mixes, dry cookie, cake, bread, and soup mixes.
• ✓Producer Requirements: The seller must be the actual producer of the food or an immediate family member residing in the producer's household with extensive knowledge about the food.
• ✓Sales Channels: Products can only be sold directly to the end consumer.
• ✓Labeling Requirements: All processed packaged foods must be labeled with specific information, including the producer's name and address, common name of the food, ingredients, net weight, and a statement that the product is prepared in a kitchen not subject to inspection.
• ✓Unpackaged Foods: If selling unpackaged, individual portions, a clearly visible placard must inform consumers that the food is prepared in a kitchen not subject to inspection.

Note for Honey Producers: It is recommended to include the statement "Honey is not recommended for infants less than twelve (12) months of age" on product labels.

For more detailed information on Missouri's Cottage Food Law, consult the Missouri Department of Health and Senior Services or a local health department.

Montana Cottage Food Law

Montana's Cottage Food Law allows individuals to produce and sell certain non-potentially hazardous foods from their home kitchens. The law is designed to support small-scale food producers while ensuring food safety.

Key Points of Montana's Cottage Food Law

• ✓Allowed Foods: Non-potentially hazardous processed foods, including but not limited to breads, cookies, fruit pies, jams, jellies, preserves, fruit butters, honey, sorghum, cracked nuts, packaged spices and spice mixes, dry cookie, cake, bread, and soup mixes.
• ✓Excluded Foods: Low acid canned and acidified foods as specified in 21 CFR 113 and 114 respectively.
• ✓Producer Requirements: The seller must be the actual producer of the food or an immediate family member residing in the producer's household with extensive knowledge about the food.
• ✓Sales Channels: Products can only be sold directly to the end consumer.
• ✓Labeling Requirements: All processed packaged foods must be labeled with the name and address of the manufacturer/processor, common name of the food, ingredients in order of predominance, net weight in English or metric units, and a statement that the product is prepared in a kitchen not subject to inspection.
• ✓Unpackaged Foods: If selling unpackaged, individual portions, a clearly visible placard must inform consumers that the food is prepared in a kitchen not subject to inspection.

Note for Honey Producers: It is recommended to include the statement "Honey is not recommended for infants less than twelve (12) months of age" on product labels.

For more detailed information on Montana's Cottage Food Law, consult the Montana Department of Public Health and Human Services or your local health department.

Nebraska Cottage Food Law

Nebraska's Cottage Food Law allows individuals to produce and sell certain foods from their home kitchens without the need for licensing or inspection. This law provides opportunities for small-scale food entrepreneurs to start their businesses with minimal regulatory barriers.

Key Points of the Nebraska Cottage Food Law

• ✓Registration: Producers must register with the Nebraska Department of Agriculture before selling food, except for those selling non-time/temperature control for safety foods directly to consumers at farmers markets.
• ✓Food Safety Education: Producers must complete an approved food safety and handling education course before selling, except for those selling non-time/temperature control for safety foods directly to consumers at farmers markets.
• ✓Allowed Foods: Only non-time/temperature control for safety foods are permitted. Certain foods like meat, milk products, raw eggs, and fermented foods are prohibited.
• ✓Labeling Requirements: All products must be labeled with the producer's name and address. Time/temperature control for safety foods must also list ingredients.
• ✓Consumer Notification: Producers must inform consumers that the food was prepared in an unregulated kitchen and may contain allergens.
• ✓Delivery: Non-time/temperature control for safety foods can be delivered by mail. Time/temperature control for safety foods must be delivered in person by the producer.

For more information on Nebraska's Cottage Food Law, visit the Nebraska Department of Agriculture website, or contact them at agr.foodsafety@nebraska.gov for specific questions.

Nevada Cottage Food Law

Nevada's Cottage Food Law, established in 2013 under Nevada Revised Statute (NRS) 446.866, allows individuals to prepare and sell certain non-potentially hazardous foods from their home kitchens. This law provides an opportunity for small-scale food entrepreneurs to start their businesses with minimal regulatory barriers.

Key Points of the Nevada Cottage Food Law

• ✓Registration: Cottage food operators must register with the health authority. Some counties require registration with local health authorities.
• ✓Sales Channels: Products can be sold from the operator's home, at farmers markets, flea markets, swap meets, church bazaars, garage sales, and craft fairs.
• ✓Allowed Foods: Non-potentially hazardous foods such as nuts, candies, jams, jellies, preserves, vinegar, dry herbs, dried fruits, cereals, trail mixes, granola, popcorn, and certain baked goods.
• ✓Labeling Requirements: Products must be labeled in compliance with 21 C.F.R. 101 Food Labeling Guide.

Registration Process

To register as a cottage food operator in Nevada:

1. Complete the online application through the Centralized Licensing and Inspections system.
2. Submit the application to the health authority for review.
3. Educate yourself on safe food handling principles and practices.

For more information and to register, visit the Nevada Division of Public and Behavioral Health website.

New Hampshire Homestead Food Operations

New Hampshire allows home food manufacturing under certain circumstances. The requirements for homestead food operations depend on where and how you plan to sell your products.

When a Homestead License is NOT Required

You don't need a homestead food license if you only sell non-potentially hazardous food:

• ✓From your own residence
• ✓From your own farmstand
• ✓At a farmer's market
• ✓At a retail food store

Even without a license, you must label your products with:

• ✓Name, address, and phone number of the homestead food operation
• ✓Name of the product
• ✓Ingredients in descending order of predominance by weight
• ✓Major food allergens
• ✓"This product is exempt from New Hampshire licensing and inspection" in 10-point font
• ✓Product code identifying the batch number

When a Homestead License IS Required

You need a Class H Homestead license ($150 fee) if you want to sell non-potentially hazardous products:

• ✓To restaurants or other food establishments (excluding retail food stores)
• ✓Over the Internet
• ✓By mail order
• ✓To wholesalers, brokers, or other food distributors

Licensed homestead operations must include additional information on their labels, such as net weight and "This product is made in a residential kitchen licensed by NH DHHS" in 10-point font.

For more information or to determine if you need a license, contact the NH Department of Health and Human Services at (603) 271-4589 or email DHHS.FoodProtection@dhhs.nh.gov.

New Jersey Cottage Food Law

New Jersey legalized the sale of homemade food in October 2021, following a decade-long grassroots campaign and legal challenge. The New Jersey Department of Health established new rules allowing cottage food operations in response to pressure from a lawsuit filed by the Institute for Justice on behalf of the New Jersey Home Bakers Association.

Key Points of the New Jersey Cottage Food Law

• ✓Annual Sales Limit: $50,000
• ✓Allowed Foods: Non-time/temperature-controlled for safety (non-TCS) foods
• ✓Sales Venues: Direct to consumers from home, farmers' markets, farm stands, and online (in-person delivery only)
• ✓Permit Required: Yes, $100 for a two-year permit

Allowed Foods

New Jersey allows the sale of non-TCS foods, including:

• ✓Baked goods (breads, rolls, biscuits, cakes, cupcakes, pastries, cookies)
• ✓Candy, chocolate-covered nuts, dried fruit
• ✓Jams, jellies, preserves
• ✓Granola, cereal, trail mix, popcorn

Producers can apply to expand the list of approved foods.

Labeling Requirements

Labels must include:

• ✓Product name and ingredients
• ✓Allergen information
• ✓Producer's name, business name, and permit number
• ✓Statement: "This food is prepared pursuant to N.J.A.C. 8:24-11 in a home kitchen that has not been inspected by the Department of Health."

For more information, visit the New Jersey Home Bakers Association website.

New Mexico Cottage Food Law

On July 1, 2021, the Homemade Food Act went into effect in New Mexico, allowing low-risk foods prepared at private farms, ranches, or residences to be sold directly to consumers without a permit. This act replaced the previous system of Homebased Food Processor permits.

Key Points of the New Mexico Homemade Food Act

• ✓Allowed Foods: Non-time/temperature control for safety (Non-TCS) foods that don't require refrigeration
• ✓Sales Channels: Direct-to-consumer sales within New Mexico at farmers' markets, festivals, online, roadside stands, home pick-up/delivery, or mail delivery
• ✓Certification: Food handler card required before production
• ✓Labeling Requirements: Must include producer information, product name, ingredients, and a specific disclaimer

Examples of Allowed Foods

• ✓Baked goods that don't require refrigeration
• ✓Candy and chocolate-covered pretzels
• ✓Popcorn and granola
• ✓Dehydrated fruits and dry mixes
• ✓Roasted coffee
• ✓Whole fruits and vegetables
• ✓Fruit jams and jellies

For more information on the New Mexico Homemade Food Act, visit the New Mexico Environment Department website.

New York Cottage Food Law

New York's Home Processor Exemption allows individuals to prepare certain non-potentially hazardous foods in their home kitchens for wholesale or retail sale at agricultural farm venues. This exemption frees qualified home processors from Article 20-C licensing requirements.

Key Points of the New York Home Processor Exemption

• ✓Sales Channels: Products can be sold wholesale or retail, including at agricultural venues, via home delivery, or online within New York State.
• ✓Packaging: All items must be pre-packaged in the home and properly labeled. On-site packaging at events is not permitted.
• ✓Zoning: Consult local zoning officials before starting a home-based food business.

Labeling Requirements

Labels must include:

• ✓Common/usual name of the product
• ✓Ingredient list in order of predominance by weight
• ✓Net quantity of contents
• ✓Processor name and full address
• ✓Allergen information
• ✓Recommended phrase: "Made in a Home Kitchen" or similar

Approved Foods

Examples of allowed foods include:

• ✓Baked goods (without fruit/vegetable fillings)
• ✓Fruit jams and jellies (high acid fruits only)
• ✓Candies and confections
• ✓Dried or dehydrated foods
• ✓Popcorn and peanut brittle

For more information on New York's Home Processor Exemption, visit the New York State Department of Agriculture and Markets website.

North Carolina Cottage Food Law

North Carolina allows for the production and sale of certain non-potentially hazardous foods from home kitchens under their home processing program. However, there are specific requirements and steps that must be followed to operate legally.

Key Points of the North Carolina Home Processing Program

• ✓Home Kitchen Inspection: Required before beginning operations
• ✓Allowed Foods: Low-risk, shelf-stable products that don't require refrigeration
• ✓Pet Restrictions: No pets allowed in the home at any time
• ✓Water Testing: Required for homes with private well water
• ✓Business Plan: Must be submitted with application
• ✓Labeling: Required for packaged products, with specific information

Application Process

1. Verify your product can be manufactured from home
2. Ensure your home meets federal food safety requirements
3. Check with local planning/zoning department
4. Prepare water testing results (if applicable)
5. Develop a business plan
6. Create product labels
7. Complete and submit the Application for Home Processing Inspection

For more information and to apply, visit the North Carolina Department of Agriculture and Consumer Services website.

North Dakota Cottage Food Law

North Dakota's Cottage Food Law, outlined in Chapter 23-09.5 of the North Dakota Century Code, allows for direct producer-to-consumer sales of cottage food products without requiring licensure, permitting, certification, inspection, packaging, or labeling by state agencies or political subdivisions.

Key Points of the North Dakota Cottage Food Law

• ✓Direct Sales: Transactions must be directly between the cottage food operator and the informed end consumer, for home consumption only.
• ✓Sale Venues: Products can be sold at farms, ranches, farmers markets, farm stands, home-based kitchens, or any other venue not otherwise prohibited by law, including through delivery.
• ✓Restrictions: Sales cannot involve interstate commerce, be conducted over the internet, phone, mail, or by consignment.
• ✓Meat Products: Cannot include the sale of uninspected products made from meat, with some exceptions for poultry.
• ✓Consumer Information: Operators must inform consumers that products are not certified, labeled, licensed, packaged, regulated, or inspected.

Labeling Requirements

• ✓Products requiring refrigeration must be labeled with safe handling instructions and a product disclosure statement.
• ✓A consumer advisory sign or label must be displayed with the statement: "This product is made in a home kitchen that is not inspected by the state or local health department."

While the law provides significant freedom for cottage food operators, it's important to note that the state department of health or local regulating authority may conduct an investigation upon complaint of an illness or environmental health concern.

For more information, refer to Chapter 23-09.5 of the North Dakota Century Code.

Ohio Cottage Food Law

Ohio's Cottage Food Law allows entrepreneurs to make and sell certain lower-risk home-produced food products without obtaining a food license. The law establishes legal requirements for producers who want to make and sell specific foods from their home or "cottage."

Key Points of the Ohio Cottage Food Law

• ✓Allowed Foods: Specific non-potentially hazardous foods designated as "cottage foods" by the Ohio Department of Agriculture (ODA)
• ✓Licensing: No food license required for cottage food production
• ✓Sales Channels: Direct-to-consumer sales within Ohio, including from home, farmers markets, and festivals
• ✓Labeling Requirements: Specific label information required, including a statement that the product is home-produced

Examples of Allowed Cottage Foods

• ✓Jams, jellies, fruit chutneys, and fruit butters (non-freezer and non-sugar-free)
• ✓Candy (excluding fresh fruit dipped or covered in candy)
• ✓Granola, granola bars, and granola bars dipped in candy
• ✓Flavored honey and maple sugar (with specific requirements)
• ✓Popped popcorn products
• ✓Unfilled, baked donuts and non-potentially hazardous baked goods

For more information on Ohio's Cottage Food Law, visit the Ohio Department of Agriculture website.

Oklahoma Cottage Food Law

Oklahoma's Home Bakery Act of 2013 (HB 1094) established a cottage food law that allows for the sale of certain baked goods. The law was further expanded in 2017 to include more sales venues.

Key Points of Oklahoma's Cottage Food Law

• ✓Annual Sales Limit: $20,000
• ✓Allowed Foods: Only certain types of baked goods
• ✓Sales Venues (as of 2017): Home, farmers markets, by phone and internet (delivery within Oklahoma only), cooperatives, and membership-based buying clubs
• ✓Licensing: No license from the health department is required

Allowed Foods

• ✓Breads, rolls, biscuits, cakes, cookies
• ✓Pies, pastries, and other baked goods

Labeling Requirements

• ✓Name and address of the home food establishment
• ✓Name of the prepared item
• ✓The statement: "Made in a home food establishment that is not licensed by the State Department of Health" in at least 10-point font

For more information on Oklahoma's Cottage Food Law, visit the Oklahoma State Department of Health website.

Oregon Cottage Food Law

In 2023, Oregon passed Senate Bill 643, modifying the previous "Home Baking Bill" to create the "Cottage Food Exemption". This exemption expands opportunities for small-scale food establishments and provides rural communities access to locally produced foods.

Key Points of the Oregon Cottage Food Exemption

• ✓Sales Limit: Gross annual sales up to $50,000 per year
• ✓Sales Channels: Direct-to-consumer sales (in-person or online), and wholesale to grocers and other businesses
• ✓Licensing: No food establishment license or inspection required

Allowed Foods

• ✓Baked Goods: Breads, cakes, cookies, pastries (non-custard/cream based)
• ✓Candies: Fudge, caramels, taffy (with proper temperature control)
• ✓Jams/Jellies: Must follow standardized recipes with proper heat processing

Labeling Requirements

Labels must include:

• ✓Name of the food and ingredients list
• ✓Business name, phone number, and address (or Unique Identification Number)
• ✓Net weight or volume, allergen warnings, and pet presence statement if applicable
• ✓The statement: "This product is homemade, is not prepared in an inspected food establishment, and must be stored and displayed separately if merchandised by a retailer."

For more information on Oregon's Cottage Food Exemption, visit the Oregon Department of Agriculture website.

Pennsylvania Cottage Food Law

Pennsylvania allows for limited food processing in home kitchens under certain conditions. These operations are referred to as "limited food processors" or "residential-style kitchens" and are regulated by the Pennsylvania Department of Agriculture.

Key Points of Pennsylvania's Limited Food Processing Regulations

• ✓Allowed Foods: Generally limited to non-potentially hazardous foods. Potentially hazardous foods require a separate commercial kitchen.
• ✓Regulations: Must comply with The Food Safety Act and federal rules in Title 21 of the CFR.
• ✓Application Process: Submit application packet at least 60 days prior to operation. Allow 4-6 weeks for processing.
• ✓Inspection: On-site inspection required before registration is issued.
• ✓Fees: $35 for initial registration and annual renewals.

For more information and to download the application packet, visit the Pennsylvania Department of Agriculture website.

Rhode Island Cottage Food Law

Rhode Island's Cottage Food Law, established under General Law § 21-27-6.2, allows for the production and sale of certain foods made in residential kitchens. Cottage Food Manufacturers must register with the Rhode Island Department of Health (RIDOH) and comply with specific requirements.

Key Points

• ✓Registration: Required with RIDOH, applications accepted starting November 2022
• ✓Fee: $65.00 registration fee
• ✓Sales Channels: Direct-to-consumer sales via pickup or delivery within Rhode Island
• ✓Additional Licensing: Retail food peddler license required for farmers markets and temporary events

Application Requirements

• ✓Proof of completed food handler training or food safety certification
• ✓Notarized affidavit attesting that kitchen meets requirements
• ✓Sketch of property detailing cottage food kitchen dwelling
• ✓Water test results (if on private water system)
• ✓List of food products to be made
• ✓Labels for each item

For more information on Rhode Island's Cottage Food Law, visit the Rhode Island Department of Health website.

South Carolina Home-based Food Production Law

South Carolina's Home-based Food Production (HBFP) Law allows individuals to prepare and sell certain non-potentially hazardous foods from their home kitchens without obtaining a food license. This law establishes requirements for producers who want to make and sell specific foods from their home or "cottage."

Key Points of the South Carolina Home-based Food Production Law

• ✓Allowed Foods: Non-potentially hazardous foods as outlined in the law
• ✓Sales Channels: Direct to consumers (including online and mail order) and to retail stores, including grocery stores
• ✓Licensing: No food establishment license required if requirements are met
• ✓Labeling Requirements: Specific labeling information required, including a statement that the product is not subject to South Carolina's food safety regulations

Examples of Allowed Foods

• ✓Baked goods (breads, rolls, cookies, cakes, pastries)
• ✓Candy and chocolates
• ✓Jams, jellies, and preserves (made with acidic fruits)
• ✓Dried herbs and spices
• ✓Popcorn and granola products

For more information on South Carolina's Home-based Food Production Law, visit the South Carolina Department of Health and Environmental Control website.

South Dakota Cottage Food Law

House Bill 1322 in South Dakota expands opportunities for food entrepreneurs to sell certain home-produced and home-canned products with minimal regulatory requirements. This bill broadens the types of foods that can be sold directly from households.

Key Points of South Dakota's Cottage Food Law

• ✓Training Requirement: Producers must complete a South Dakota Department of Health-certified online training once every five years before processing or selling certain foods.
• ✓Allowed Foods: Non-temperature-controlled foods, baked goods, certain canned goods, and some temperature-controlled items (with restrictions).
• ✓Sales Channels: Products can be sold from the producer's residence, farmers markets, roadside stands, or other temporary sale venues.
• ✓Labeling Requirements: Specific labeling information is required, including a disclaimer about home processing.

Examples of Allowed Foods

• ✓Non-temperature-controlled foods (nuts, grains, seeds, dry mixes)
• ✓Baked goods (cookies, breads, cakes, confectioneries)
• ✓Canned goods (with pH ≤ 4.6 or water activity ≤ 0.85)
• ✓Certain temperature-controlled items (with restrictions and training)

For more information on South Dakota's Cottage Food Law, visit the South Dakota Department of Health website.

Tennessee Cottage Food Law

Tennessee's Food Freedom Act, implemented on July 1, 2022, significantly expanded the state's cottage food laws. This act allows individuals to produce and sell certain non-Time/Temperature Control for Safety (non-TCS) foods from their private residences without requiring a license, inspection, or permit from the Tennessee Department of Agriculture.

Key Points of the Tennessee Food Freedom Act

• ✓Production Location: Products must be processed at a private residence.
• ✓Sales Channels: Products can be sold in-person, remotely, or through third-party vendors within Tennessee only.
• ✓Product Types: Only non-TCS (shelf-stable) foods are allowed.
• ✓Labeling Requirements: Specific information must be provided to consumers, including producer details and a disclaimer.

Examples of Allowed Foods

• ✓Baked goods without custard or cream filling
• ✓Candies and chocolates
• ✓Jams, jellies, and preserves (pH ≤ 4.6)
• ✓Dried herbs and spices
• ✓Certain canned goods (with proper pH and water activity levels)

For more information on Tennessee's Food Freedom Act and cottage food laws, visit the Tennessee Department of Agriculture website.

Texas Cottage Food Law

In 2013, Texas enacted House Bill 970, amending the Health and Safety Code to establish provisions for cottage food production operations. This law, effective September 1, 2013, exempts cottage food producers from certain regulations while setting specific requirements.

Key Points of the Texas Cottage Food Law

• ✓Licensing: Exempt from food service establishment requirements and Texas Food Establishment Rules
• ✓Training: Operators must complete a basic food safety education or training program by January 1, 2014
• ✓Food Safety: Cannot sell potentially hazardous foods (PHF) that require time and temperature control for safety
• ✓Distribution: Can sell online or by mail order with personal delivery and proper labeling information

Labeling Requirements

• ✓Name and address of the cottage food production operation
• ✓Common or usual name of the product
• ✓Major food allergens must be listed
• ✓Statement: "This food is made in a home kitchen and is not inspected by the Department of State Health Services or a local health department."
• ✓Unique batch number for certain products

For more information on Texas Cottage Food Law and training resources, visit the Texas Department of State Health Services website.

Utah Cottage Food Law

Utah's Home Consumption and Homemade Food Act allows for the production and sale of homemade food products directly to consumers without the need for certain licenses, permits, or inspections.

Key Points of Utah's Home Consumption and Homemade Food Act

• ✓Allowed Sales: Direct-to-consumer sales within Utah
• ✓Sales Venues: Farms, ranches, direct-to-sale farmers markets, homes, offices, or any agreed-upon location
• ✓Licensing: Exempt from state, county, or city licensing, permitting, certification, inspection, packaging, and labeling requirements (except as specified in the act)
• ✓Limitations: Does not apply to raw dairy, raw dairy products, or most meat products (with exceptions for certain poultry and rabbit meat)

Labeling Requirements

• ✓Producer's name and address
• ✓Disclosure that the product is not for resale and processed without state or local inspection
• ✓Statement listing common allergens contained in or handled with the product

Producers must inform consumers that the food or food product is not certified, licensed, regulated, or inspected by the state or any county or city.

For more information on Utah's Home Consumption and Homemade Food Act, visit the Utah Department of Agriculture and Food website.

Vermont Cottage Food Law

Vermont has a flexible cottage food law that allows for the production and sale of various homemade food products. The regulations vary depending on the type of food produced and the scale of the operation.

Key Points of Vermont's Cottage Food Law

• ✓Producer Categories: Home bakers, home food processors, and home caterers
• ✓Allowed Foods: Varies by category, ranging from baked goods to prepared meals
• ✓Sales Venues: Farmers' markets, roadside stands, special events, online, home delivery, and pickup
• ✓Licensing: Requirements vary based on annual revenue and sales channels

Producer Categories and Regulations

• ✓Home Bakers: No license required if annual gross revenue is below $6,500 and not selling to third-party vendors. Must file a License Exemption Self-Declaration.
• ✓Home Food Processors: No license required if annual gross revenue is below $10,000 and not selling to third-party vendors. Must file a License Exemption Self-Declaration.
• ✓Home Caterers: Must apply for a license, pass a home inspection, and pay an annual fee of $155.

Labeling Requirements

• ✓Name and address of the manufacturer
• ✓Product name
• ✓Quantity by weight, volume, or number of items
• ✓Ingredient list in descending order of predominance by weight

For more information on Vermont's Cottage Food Law, visit the Vermont Department of Health website.

Virginia Food Establishment Law

Overview

In Virginia, food establishments (including home-based operations) that manufacture, process, pack or hold food for sale must comply with the Virginia Food and Drink Law and related regulations. A permit is required before operating as a food manufacturer, food storage warehouse, or retail food establishment.

Inspection Requirements

• ✓Regular Inspections: Food establishments are subject to periodic unannounced inspections by VDACS' Food Safety Specialists
• ✓Inspection Focus: Inspectors check for unsanitary conditions, mislabeling, and improper food handling
• ✓Additional Requirements: Manufacturers must pay an annual fee and are subject to product sampling

Special Notes

• ✓Catering businesses should contact the Virginia Department of Health
• ✓Products containing meat are regulated by the Office of Meat and Poultry Services

For more information on Virginia's food establishment requirements, visit the Virginia Department of Agriculture and Consumer Services website.

Washington Cottage Food Laws

Washington state allows cottage food operations to produce non-potentially hazardous foods in home kitchens for direct sale to consumers. Here are the key requirements:

Permits and Fees

• ✓Permit Required: Must obtain a Cottage Food Operation Permit valid for 2 years
• ✓Fees: $75 for public health review, $125 for annual inspection, $30 for processing
• ✓Sales Limit: Maximum annual gross sales of $35,000

Requirements

• ✓Food Handler Card: Required for all operators and workers
• ✓Water Testing: Annual testing required for private water supplies
• ✓Sales: Direct to consumer only - no wholesale, shipping, or out-of-state sales

Allowed Products

• ✓Baked Goods: Breads, cakes, cookies, pastries (non-custard/cream based)
• ✓Candies: Fudge, caramels, taffy (with proper temperature control)
• ✓Jams/Jellies: Must follow standardized recipes with proper heat processing

For more information and to apply for a permit, visit the Washington State Department of Agriculture Cottage Food Program.

Washington DC Cottage Food Laws

The Food Act of 2013 allows cottage food businesses to sell certain food products from residential kitchens within DC through direct, retail (except restaurants and grocery stores), and online sales.

Requirements

• ✓Permits: Home Occupancy Permit from DCRA required
• ✓Certifications: Certified Food Protection Manager's Certification and DC-Issued ID Card
• ✓Registration: Must submit Cottage Food Business Registry Application to DC Health
• ✓Fees: $50.00 application review fee
• ✓Equipment: Proof of calibrated scales if selling products by weight

For more information and to register your business, visit the DC Health Cottage Food Business Registration.

Wisconsin Cottage Food Laws

Wisconsin allows the sale of non-potentially hazardous baked goods made in home kitchens. Here are the key requirements:

Permits and Requirements

• ✓No License Required: Home bakers can operate without a license
• ✓Sales Cap: No gross sales limit for baked goods
• ✓Product Testing: Optional lab testing available for uncertain products

Allowed Products

• ✓Non-Hazardous Foods: Items with water activity ≤0.85 or pH ≤4.6
• ✓Common Items: Most cookies, muffins, breads, and shelf-stable baked goods
• ✓Sales Venues: Direct to consumer, farmers markets, home pickup, and community events

For more information on Wisconsin's cottage food laws, visit the Wisconsin Department of Agriculture, Trade and Consumer Protection website.

Wyoming Food Freedom Act

Wyoming has one of the most permissive cottage food laws in the United States, known as the Wyoming Food Freedom Act. This law allows for extensive home-based food production with minimal regulation.

Key Provisions

• ✓No Licensing Required: Exempt from state licensure, permitting, inspection, packaging and labeling requirements
• ✓Sales Limit: Producers must not exceed $250,000 in gross annual revenue or produce more than 250,000 individual products annually
• ✓Allowed Venues: Sales permitted at farmers markets, farms, ranches, producer's homes/offices, or any agreed-upon location

Product Categories

• ✓Non-Potentially Hazardous Foods: Items like jams, uncut fruits/vegetables, pickled vegetables, hard candies, fudge, nut mixes, granola, dry soup mixes, coffee beans, popcorn, and certain baked goods
• ✓Potentially Hazardous Foods: Foods requiring temperature control including dairy products, quiches, pizzas, frozen doughs, meat, and cooked vegetables

Special Requirements

• ✓Third-Party Sales: Non-potentially hazardous foods can be sold by third parties, but potentially hazardous foods must be sold directly by the producer
• ✓Labeling: Products sold in retail locations must be clearly labeled as homemade and unregulated

For more information on Wyoming's Food Freedom Act, visit the Wyoming Department of Agriculture website.