Cottage Food Laws State By State
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Cottage food laws are state-specific regulations that govern the production and sale of homemade foods. These laws allow individuals to sell certain types of food products that are prepared in their home kitchens without obtaining a commercial license. Cottage food laws vary from state to state, with some states having more lenient regulations than others.
For those interested in selling homemade food products, it is important to understand the cottage food laws in their state. While some states allow the sale of homemade foods at farmers markets and other direct-to-consumer venues, others have more restrictive regulations. In some states, homemade food products can only be sold if they meet specific labeling, packaging, and ingredient requirements. Additionally, some states may limit the types of foods that can be sold under cottage food laws.
Overall, understanding the cottage food laws in one's state is essential for anyone looking to sell homemade food products. By familiarizing themselves with these regulations, individuals can ensure that they are operating within the law and can avoid any legal issues that may arise.
What Are Cottage Food Laws
Cottage Food Laws are regulations that allow individuals to prepare and sell certain types of food products from their homes. These laws are designed to provide a pathway for entrepreneurs to start a food business without the need for a commercial kitchen, which can be prohibitively expensive.
The specific rules and requirements for Cottage Food Laws vary by state, but they generally allow for the production and sale of non-perishable food items such as baked goods, jams, jellies, and candies. Some states also allow for the sale of certain types of perishable foods, such as fresh produce or eggs.
Cottage Food Laws typically have limits on the amount of food that can be sold each year, and may require labeling and registration with the state. In some cases, individuals may need to obtain a food handler's permit or complete a food safety course.
It's important to note that Cottage Food Laws do not apply to all types of food businesses. If an individual wants to sell potentially hazardous foods, such as meat or dairy products, they will need to comply with more stringent regulations and obtain the necessary licenses and permits.
State by State Breakdown
Alabama
Alabama's cottage food law is lenient and permits online shipping, unlimited annual sales, and a wide range of food production. To comply, individuals must complete a basic safety course for food handling. The state commonly regulates and controls food operations that do not require permits.
👉 Learn more about cottage food laws in Alabama
Alaska
In Alaska, cottage foods can only be sold in person, and the seller must not exceed $25,000 in sales. Additionally, a business license is mandatory.
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Arizona
Cottage food producers in Arizona must register with the state, a process that is free of charge. Once the safety course is completed, sellers can produce and sell their products throughout the state, including in grocery stores.
👉 Learn more about cottage food laws in Arizona
Arkansas
Arkansas permits the sale of cottage food products in any location, even across state lines. As long as the food is nonperishable, it is eligible for sale, and there are no restrictions on annual sales or permits required.
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California
California has some of the most stringent cottage food laws in the country. To sell cottage foods in California, you must obtain a Cottage Food Operations permit from your local environmental health department. Certain foods, such as meat and dairy products, are not allowed to be sold as cottage foods in California. Additionally, there are different classes of cottage food sellers, and extra regulations can and do exist at the county level.
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Colorado
Colorado does not mandate a license for cottage food, and sales restrictions vary for each type of food. Producers are limited to direct sales only.
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Connecticut
In Connecticut, sales must not exceed $25,000 per year and must be from a pre-approved list. Additionally, cottage food sellers need to obtain a $50 license, complete a $15 food safety course, and pass a home inspection.
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Delaware
When it comes to cottage food production, Delaware has a particularly complex procedure. After undergoing an extensive application process, nonperishable foods can be sold up to an annual limit of $25,000.
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Florida
Florida has a cottage food law that allows the sale of certain non-potentially hazardous foods. To sell cottage foods in Florida, you must obtain a Cottage Food Operation permit from the Florida Department of Agriculture and Consumer Services. The permit requires an inspection of your kitchen, and you must provide a list of the foods you plan to sell.
👉 Learn more about cottage food laws in Florida
Georgia
Georgia allows the sale of cottage foods, but only certain non-potentially hazardous foods are allowed to be sold. To sell cottage foods in Georgia, you must obtain a Cottage Food License from the Georgia Department of Agriculture. The license requires an inspection of your kitchen, and you must provide a list of the foods you plan to sell.
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Hawaii
No permit is required to sell food from home in Hawaii. However, only in-person sales are permitted. There are no annual limits, but a food safety course must be completed.
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Idaho
In Idaho, there were no regulations prior to 2016. Currently, sellers are restricted to low-risk foods, but there are no specific permits or requirements. Food can be sold from home, online, and at select events. The only restrictions apply to restaurants, retail stores, and wholesalers.
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Illinois
Illinois allows the sale of cottage foods, but only certain non-potentially hazardous foods are allowed to be sold. To sell cottage foods in Illinois, you must obtain a Home Kitchen Operations permit from your local health department. The permit requires an inspection of your kitchen, and you must provide a list of the foods you plan to sell.
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Indiana
Roadside stands and farmer's markets are the primary sales channels for cottage foods. No licenses or fees are required, and there are no sales limits.
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Iowa
Cottage food regulations are separate from home bakeries. Nonperishable foods without licenses or sales limits are allowed, as long as proper labeling is followed.
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Kansas
Formal cottage food laws are not in place. However, licensing is required for sales at farmer's markets or through food establishments. Otherwise, clear rules and limitations are not defined.
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Kentucky
Cottage food producers in Kentucky can only sell directly to customers, with an annual sales limit of $50,000. Registration with the health department is mandatory.
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Louisiana
The annual sales cap in Louisiana is set at $20,000, and additional regulations apply to baked goods. Nonperishable items can be made and sold anywhere in the state, following the passing of Louisiana cottage food law in 2020. Get answers to common questions about the Louisiana cottage food law in our comprehensive guide.
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Maine
Local governments have the authority to remove specific restrictions from cottage food regulations in Maine. While licensing and kitchen inspections are generally required, certain local areas may override these rules.
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Maryland
Sales exceeding $25,000 per year are not permitted in Maryland. However, food co-ops offer opportunities for cottage producers to sell in various locations without permits or special training.
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Massachusetts
For residential kitchens in Massachusetts, they are considered food establishments and subjected to the same standards as commercial kitchens or restaurants.
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Michigan
Michigan allows the sale of cottage foods, but only certain non-potentially hazardous foods are allowed to be sold. To sell cottage foods in Michigan, you must obtain a Home Food Processing license from the Michigan Department of Agriculture and Rural Development. The license requires an inspection of your kitchen, and you must provide a list of the foods you plan to sell.
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Minnesota
Minnesota categorizes cottage food producers based on their income. If the income is less than $5,000, no qualifications are required. However, if the income exceeds $5,000, a special food safety course must be taken, and sales are limited to $78,000 per year. There is no cottage food license in MN for the first regulation.
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Mississippi
In Mississippi, there is an annual sales limit of $35,000, but there are no restrictions on the types of food that can be sold. No registrations, permits, or special safety classes are required to get started.
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Missouri
Missouri only permits direct sales with an annual limit of $50,000. The scope of allowed foods is restricted to mostly baked goods, jams, and dry herbs.
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Montana
Cottage food laws in Montana are very lenient. There are virtually no limitations, and government agencies are prohibited from creating new regulations. Homemade meat products cannot be sold, and customers must be informed that the food is homemade.
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Nebraska
Nebraska mandates a food safety course and limits the types of food that can be sold. However, there are no other major restrictions, and food can be sold throughout the state.
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Nevada
In Nevada, sales are limited to $35,000 per year, and all sales must be conducted in person. Food producers must also register with the appropriate health district. Additional requirements may vary depending on the health district.
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New Hampshire
In New Hampshire, few regulations apply as long as sales are made at a farmer's market or from home. If sales occur outside of these limitations, a special license is required, which includes inspections and more. Additionally, sales are capped at $20,000 per year.
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New Jersey
New Jersey has a list of pre-approved foods that can be sold by cottage producers. However, producers can obtain special approval for non-approved foods. Sales are limited to $50,000 per year. Although there have been changes to the cottage food law in NJ in 2021, these remain the essential rules.
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New Mexico
New Mexico allows fairly unrestricted sales as long as they are direct. Additional licensing requirements may be imposed by cities and local governments, but they cannot override the accessibility standards set by the state.
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New York
New York allows the sale of cottage foods, but only certain non-potentially hazardous foods are allowed to be sold. To sell cottage foods in New York, you must obtain a Home Processor exemption from the New York State Department of Agriculture and Markets. The exemption requires an inspection of your kitchen, and you must provide a list of the foods you plan to sell.
👉 Learn more about cottage food laws in New York
North Carolina
North Carolina allows the sale of cottage foods, but only certain non-potentially hazardous foods are allowed to be sold. To sell cottage foods in North Carolina, you must obtain a Home-Based Microprocessor permit from the North Carolina Department of Agriculture and Consumer Services. The permit requires an inspection of your kitchen, and you must provide a list of the foods you plan to sell.
👉 Learn more about cottage food laws in North Carolina
North Dakota
North Dakota permits the sale of all non-meat food products. Nevertheless, regulations have fluctuated considerably and frequently in recent years. Although producers currently have unrestricted selling privileges, this circumstance may alter abruptly at any given time.
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Ohio
Ohio allows the sale of cottage foods, but only certain non-potentially hazardous foods are allowed to be sold. To sell cottage foods in Ohio, you must obtain a Home Bakery license from the Ohio Department of Agriculture. The license requires an inspection of your kitchen, and you must provide a list of the foods you plan to sell.
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Oklahoma
In order to conduct interstate cottage food sales in Oklahoma, a food safety course is required, and annual sales are limited to $75,000. Despite these restrictions, limitations are relatively minimal in Oklahoma.
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Oregon
Cottage foods in Oregon are subject to a yearly sales limit of $20,000. However, Oregon offers two options for food producers: the Domestic Kitchen License and the Farm Direct Bill. Qualifying for either of these permits provides different sets of regulations and allows for a wider range of food production without sales limits.
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Pennsylvania
Pennsylvania allows the sale of cottage foods, but only certain non-potentially hazardous foods are allowed to be sold. To sell cottage foods in Pennsylvania, you must obtain a Home Food Processor exemption from the Pennsylvania Department of Agriculture. The exemption requires an inspection of your kitchen, and you must provide a list of the foods you plan to sell.
👉 Learn more about cottage food laws in Pennsylvania
Rhode Island
Rhode Island only allows home food production for farmers, with a maximum annual production limit of $2,500. The process for obtaining approval for this production is highly restricted, making it arguable that Rhode Island has the most stringent cottage food access in the country.
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South Carolina
In South Carolina, only select baked goods and candies can be sold, and there are no requirements for licenses or safety courses. While there are no sales limits, all sales must be made directly.
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South Dakota
Unlike other states, in South Dakota, products must undergo testing before they can be sold. This testing requirement can be costly for many home operations. However, once approved, there are no limits on the sale of these foods.
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Tennessee
In Tennessee, Home Kitchens and Domestic Kitchens are distinct concepts. Home kitchens fall under cottage food production and can operate without a license, as long as they only engage in indirect sales. On the other hand, Domestic kitchens must obtain a license and undergo inspection. Additionally, they are restricted to selling a maximum of 100 units per week.
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Texas
Texas allows the sale of cottage foods, but only certain non-potentially hazardous foods are allowed to be sold. To sell cottage foods in Texas, you must obtain a permit from the Texas Department of State Health Services. The permit requires an inspection of your kitchen, and you must provide a list of the foods you plan to sell.
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Utah
Two sets of laws govern food sales in Utah, including cottage food production. This enables the sale of various types of food, including certain meats and raw milk, from home and designated locations.
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Vermont
In Vermont, separate regulations exist for cottage food kitchens and home bakeries. Despite somewhat complex laws, a wide range of foods can be produced and sold within specified limits, making it a bit more challenging to start.
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Virginia
Virginia allows individuals to start cottage food businesses without requiring licenses or inspections. However, they also offer home food processing operational licenses, which enable the production of a greater variety of foods.
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Washington
Acquiring cottage food permits in Washington can be difficult, and sales are capped at $25,000. Nevertheless, the state now permits the shipment of cottage foods, albeit with limitations on the types of foods that can be produced.
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West Virginia
In West Virginia, home kitchens are not subject to government inspections, allowing the production of any nonperishable food. Furthermore, there are almost no restrictions on selling cottage foods.
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Wisconsin
Wisconsin has separate regulations for home bakeries and home canning. However, other cottage foods cannot be produced within the state beyond these regulations.
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Wyoming
Wyoming is considered one of the most lenient states for cottage food production. With few exceptions for meats, cottage foods can include any non-meat products. These foods can be sold without restrictions, and the annual sales limit is set at $250,000.
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Key Differences Between States
When it comes to cottage food laws, there are some key differences between states that individuals should be aware of. Some of the main differences include:
Allowed Foods
One of the biggest differences between states is the types of foods that are allowed to be sold under cottage food laws. Some states have very strict guidelines and only allow certain types of non-potentially hazardous foods, while others allow a wider range of products to be sold. It is important for individuals to research their state's specific guidelines to determine what types of foods they are allowed to sell.
Sales Venues
Another key difference between states is the sales venues that are allowed under cottage food laws. While some states only allow sales at farmers markets and events, others allow sales from home, online, and even at retail or wholesale venues. It is important for individuals to understand where they are allowed to sell their products to ensure they are operating within the guidelines of their state.
Revenue Limitations
Some states have revenue limitations on cottage food businesses, meaning that individuals are only allowed to make a certain amount of money per year from their sales. It is important for individuals to be aware of these limitations and to ensure they are not exceeding them.
Labeling Requirements
Labeling requirements can also vary from state to state. Some states require specific labeling information, such as the ingredients list, while others may require additional information, such as nutritional information or allergen warnings. It is important for individuals to research their state's specific labeling requirements to ensure they are complying with the law.
Overall, it is important for individuals to thoroughly research their state's specific cottage food laws to ensure they are operating within the guidelines and regulations. By understanding the key differences between states, individuals can ensure they are selling their products legally and safely.
Impact on Small Businesses
Cottage food laws have had a significant impact on small businesses across the United States. These laws have allowed entrepreneurs to start small-scale food businesses from their own home kitchens without the need for expensive commercial kitchen space or equipment.
One of the main benefits of cottage food laws is that they provide a low-cost entry point for small businesses. The laws typically require minimal licensing and permitting requirements, which makes it easier for small businesses to get started. This is particularly important for entrepreneurs who may not have the financial resources to invest in a commercial kitchen or other infrastructure.
In addition, cottage food laws have helped to spur innovation in the food industry. With fewer barriers to entry, small businesses are able to experiment with new recipes and food products without the risk of significant financial loss. This has led to a proliferation of unique and innovative food products that might not have otherwise been developed.
However, there are also some challenges associated with cottage food laws. One of the main challenges is that they can create an uneven playing field for small businesses. While cottage food producers are able to sell their products directly to consumers, they are typically not allowed to sell to restaurants or grocery stores. This can limit their ability to scale their businesses and reach a wider audience.
Another challenge is that cottage food laws can vary significantly from state to state. This can create confusion for small business owners who may be operating in multiple states or who are looking to expand their business to new states. It is important for small business owners to be aware of the specific requirements in their state and to stay up-to-date on any changes to the law.
Overall, cottage food laws have had a positive impact on small businesses across the United States. While there are some challenges associated with these laws, they have provided a valuable opportunity for entrepreneurs to start and grow their businesses in the food industry.
Legal Challenges and Changes
Cottage food laws have been a topic of debate and legal challenges in many states. Some states have faced lawsuits from home-based food entrepreneurs who claim that the laws are too restrictive and prevent them from earning a living. Others argue that the laws are necessary to protect public health and safety.
One of the biggest legal challenges to cottage food laws has been the issue of preemption. Preemption is the principle that federal law supersedes state law. In some cases, state laws have been challenged on the grounds that they conflict with federal laws or regulations. For example, in 2018, a federal judge struck down California's ban on foie gras, a luxury food made from the livers of force-fed ducks and geese, on the grounds that it violated federal law.
Another legal challenge to cottage food laws has been the issue of local control. Some states have passed laws that prohibit local governments from regulating cottage food businesses, while others allow local governments to impose their own regulations. This has led to a patchwork of regulations across the country, with some areas being more permissive than others.
In recent years, there have been several changes to cottage food laws across the country. Many states have increased the sales limits for home-based food businesses, allowing them to earn more money without being subject to regulation. Some states have also expanded the types of foods that can be sold, allowing home-based entrepreneurs to sell a wider range of products.
Overall, the legal landscape for cottage food laws is constantly evolving. As more people turn to home-based food businesses as a source of income, it is likely that there will be further legal challenges and changes in the years to come.
Future of Cottage Food Laws
As the popularity of cottage food businesses continues to grow, it is likely that more states will adopt cottage food laws or expand their existing laws to include more types of food products. This trend has been seen in recent years, with many states passing legislation to allow for the sale of homemade food products.
One potential future development in cottage food laws is the inclusion of online sales. Currently, some states prohibit the sale of cottage food products online, while others allow it with certain restrictions. As more and more consumers turn to online shopping, it is possible that more states will allow cottage food producers to sell their products online.
Another potential development is the expansion of cottage food laws to include more types of food products. Currently, most states limit the types of food products that can be sold under cottage food laws to items like baked goods, jams, and candy. However, there is a growing demand for homemade meals and other types of food products, and it is possible that more states will allow cottage food producers to sell these items in the future.
Overall, the future of cottage food laws is likely to be shaped by consumer demand and the changing landscape of the food industry. As more consumers seek out locally sourced, homemade food products, it is likely that more states will adopt cottage food laws or expand their existing laws to meet this demand.
