Cottage Food Laws by State: Selling Your Homemade and Home-Canned Foods
Have you got a great recipe for home-made salsa, jam, jelly or other
home-canned food? Your friends and family tell you that you should go into
business selling it? And now you're wondering what it would take to actually
sell your award-winning tomato salsa, apple butter, applesauce or strawberry
jam? This page should answer your questions to help you Decide if it's right for
you!
What are Cottage Food Regulations?
The production and sales of processed foods is governed by state and federal
regulations. Each state is different, so proper advice is needed from a
specialist in each state. Some states allow sales at farmer's markets of select
foods; others prohibit sales altogether; these are called cottage food laws.
These rules might also be called Home-Food Processing Rules or Baker's Bills. Typically, the department of health (or the department of
agriculture) approves and oversees cottage food businesses. Most states now have
these cottage food laws
now that don't require a licensed kitchen. In those states, you can sell at a
farmers market or roadside stand jams and jellies as well as baked goods that
don't require refrigeration. For this you don't need a licensed kitchen or any
inspections. Typically, in those states, you just need to label
them with the weight or volume, our name, our address, the words "this item is
home produced" and all the ingredients in order by weight. Usually, you can not
do anything 'acidified' (like pickles), anything pressure canned, or anything
needing refrigeration. While Cottage Food laws allow a person to legally bake
and prepare certain foods in their home kitchens and sell them on a small scale,
(typically at farmers markets and direct to other consumers), very few
states allow them to sell to restaurants and grocery stores.
If your food product does not meet the definition of a Cottage
Food, you may still be able to make and sell it commercially,
through a startup approach.
See this page for detailed information about selling foods that do
not meet the Cottage Food definition. And if you are looking to import foods from another country, that is a whole separate issues!
See How to Import Food for Resale in America
For Cottage food laws in other countries, see:
[ Australia ] [ Canada
] [ New Zealand ] [United
Kingdom ]
States with Cottage Food Laws
Requirements
In most states (there are
exceptions and
lots of details and restrictions), to get approved as a Cottage Food Kitchen, the following
is typically required. Keep in mind, this is general advice, rules vary by
state and are also constantly changing so follow the links to see current
information for your state:
- some form of kitchen inspection,
- a zoning clearance/permit from a local zoning department, department
of agriculture or department of health
- a business license.
- Pets may not be allowed in the home (or in the kitchen)
To whom does this apply?
Individuals, not businesses. Although, in some cases, the laws are also
aimed at small businesses, particularly farms and home-based businesses.
What is typically allowed:
Each state varies, but in general
- Baked goods (cakes, cookies, pies, and breads)
- Jams and jellies
- Dry cake and cookie mixes, dry nut mixes, dry cereals, granola,
popcorn
- Some candies
How and where can you sell?
Individuals, under most states rules may usually sell directly to other individuals,
not businesses, such as restaurants or grocery stores. A number of
states limit the sales of home processed foods to farmers markets, bake
sales and charity events. And usually, while you may have a website to
promote your products, you may not sell online or across state lines.
Indirect Sales (e.g., restaurants, retail, wholesale) are allowed in
California, Maine and Ohio. New Hampshire and Pennsylvania allow it
indirectly only at farmers markets, and producers' premises. If you
are considering cookies, cakes, or candy sales, see these overviews (and
then check your state's rules below)
Books
Limits on total sales
Many states restrict the amount of sales per year, typically to as low as
$5,000 although a few states allow as much as $50,000. $10,000 to $20,000 is
typical
Labeling
Most states have labeling requirements, that spell out what must be on
the label, such as ingredients, the name of the preparer, address where it
was prepared, etc. Some states have other requirements, such as for a
disclaimer that the food was not inspected by the state. Only Wyoming has no
labeling requirements (as of 2017) . Depending on the
size of your business, your label may also need to comply with Federal label
regulations and with the new nutritional labeling law. You can
download a copy of
the FDA Food Labeling Guide here; it' s an illustrated booklet
that should answer all your questions.
Registration, Permits and License Requirements
A number of states have some sort of requirement to register or
obtain a Permit, or License. See table 2.
Individuals, under most states rules may sell directly to other individuals,
not businesses, such as restaurants or grocery stores. A number of
states limit the sales of home processed foods to farmers markets, bake
sales and charity events. And usually, while you may have a website to
promote your products, you may not sell online or across state lines.
Indirect Sales (e.g., restaurants, retail, wholesale) are allowed in
California, Maine and Ohio. New Hampshire and Pennsylvania allow it
indirectly only at farmers markets, and producers' premises.
Taxes
See this page about collecting, reporting and remitting sales taxes
on cottage food sales.
Training
Some states require that the food preparers take and pass a
special training course and certification
States that do NOT allow Cottage Food sales - Summary by state of states that do not allow sales
If your state is not in the list below,
See this
summary of states that do not allow cottage food sales as of October 2017
Links to State-Specific Cottage Foods Information
Remember, the descriptions above are generic; you must check your state
to find out the details that apply to your situation and location.
- Alabama
Click here for
Alabama Cottage food facts, laws, regulations and how-to's
- Alaska
Alaska Food Code allows the sale of
non-potentially hazardous foods sold directly to the consumer without a
permit as long as certain conditions are met. If you do not find
information you are looking for, please contact your local Environmental
Health Officer. If you plan on selling your products within the
Municipality of Anchorage, these exemptions may not apply.
For more
information see: Lorinda Lhotka, Environmental Program Manager I, Alaska Department of Environmental Conservation, 610 University Ave, Fairbanks, AK 99709.
Phone: (907) 451-2119- Arizona
Click here for
Arizona Cottage food facts, laws, regulations and how-to's
- Arkansas
Click here for
Arkansas Cottage food facts, laws, regulations and how-to's
- California
Click here for
California Cottage food facts, laws, regulations and how-to's
- Connecticut
Click here for
Connecticut Cottage food facts, laws, regulations and how-to's
- Colorado
Click here for Colorado Cottage food facts, laws, regulations and how-to's
- District of Columbia.
Click here for Washington, D.C. Freedom Food Act food facts, laws, regulations and how-to's
- Florida
Click here for Florida Cottage food facts, laws, regulations and how-to's
Georgia
.Click here for Georgia Cottage food facts, laws, regulations and news
- Hawaii
Hawaii now has a cottage food bill
Click here for
Hawaii's Cottage food facts, laws, regulations and how-to's
- Idaho
Idaho's seven health districts operate as independent agencies. Each
district responds to local needs. Click for the
Department
of Health and Welfare, and then click on your district for specific
information.
- Illinois
Click here for
Illinois Cottage food facts, laws, regulations and how-to's
- Indiana
Click here for
Indiana Cottage food (HBV) facts, laws, regulations and news
- Iowa
Click here for more information about
Iowa's cottage food requirements.
- Kentucky
Kentucky Food
Processor laws
- Maine
Click here for more information about
Maine's cottage food requirements.
- Maryland
Click here for
Maryland Cottage food facts, laws, regulations and how-to's
- Massachusetts
Click here for
Massachusetts Cottage food facts, laws, regulations and how-to's
- Michigan
Click here for
Michigan Cottage food facts, laws, regulations and how-to's.
- Minnesota
Click here for
Minnesota Cottage food facts, laws, regulations and how-to's.
- Mississippi
Click here for
Mississippi Cottage food facts, laws, regulations and how-to's.
- Missouri
Click here for
Missouri Cottage food facts, laws, regulations and how-to's
- Nebraska
Nebraska allows sales only at farmers market.
Click for
Guidelines
for Nebraska's Cottage Food and Farmers Markets
- New Hampshire
Click here for more information about this state's cottage food requirements.
- New Jersey
Click here for
New Jersey Cottage food facts, laws, regulations and news
- New Mexico
Date of the enactment of the cottage food law: January 2010
Click here for more information about
New Mexico's state's cottage food requirements.
- New York
Click here for
New York Home Food Processor facts, laws, regulations and news
- North Carolina
Click here for North Carolina Cottage food facts, laws, regulations and how-to's
- North Dakota
Click here for
North Dakota's cottage food requirements.
- Ohio
Click here for more information about
Ohio's cottage food requirements.
- Oklahoma
Click here for Oklahoma Cottage food facts, laws, regulations and how-to's
- Oregon
Click here for more information about
Oregon's domestic kitchen laws.
- Pennsylvania
Click here for Pennsylvania Cottage food laws (call Limited Food Establishments) and facts, regulations and how-to's
- South Carolina
Click here for South Carolina Cottage food facts, laws, regulations and how-to's
- South Dakota
Click here for
South Dakota's cottage food requirements.
- Tennessee
Click here for Tennessee Cottage food facts, laws, regulations and how-to's
- Texas
Click here for Texas Cottage food facts, laws, regulations and how-to's
- Utah
Click here for more information about this
Utah's cottage food requirements.
- Vermont
Click here for more information about
Vermont's cottage food requirements.
- Virginia
Click here for Virginia Cottage food facts, laws, regulations and how-to's
- Washington, D.C.
Click here for Washington, D.C. Freedom Food Act food facts, laws, regulations and how-to's
- Washington State
Click here for Washington State Cottage Food facts, laws, regulations and how-to's
- West Virginia
Click here for West Virginia Cottage food facts, laws, regulations and how-to's
Contact: Teresa Halloran 304-558-2210 for specifics on rules and start
up procedure.
- Wisconsin
Click here for more information about
Wisconsin's cottage food requirements.
- Wyoming
Date of the enactment of the cottage food law: July 2009, amended in 2015, 2017 and 2020
Click here for more information about this state's cottage food requirements.
State Departments of Public Health
Your state department of public health is generally your local
authority for your state's cottage food laws and regulations.
See this page to find the contact information, website, phone
number, etc for your local state department of health.