By Christine Dzujna and Grace Hermann
Farm-to-Consumer Legal Defense Fund monitors, advises, and works to influence hundreds of food freedom bills and policies across the country that align with our mission. We’ve been tracking their progress and engaging with legislators and our members to lend our support to efforts to expand food freedom. Below is the progress to date on some of the most influential legislation and policies we are working to advance. If you wish to see the text of any bill below or read more about its progress through the legislature, visit our online Policy Tracker and follow the links provided.
While some state legislative sessions have closed, others remain open, even if only for several more weeks.
Passed Into Law
Colorado HB 1033: Expands the “Colorado Cottage Foods Act” to allow sales of homemade foods requiring time and temperature control, including those containing USDA-inspected meat, such as tamales and burritos. Producers may sell only one type of these products (and up to 5 varieties) and must register with the state, follow temperature and labeling requirements, and take a food safety course. Small egg producers can sell up to 250 dozen eggs per month subject to certain requirements. The cottage food revenue cap will be adjusted annually for inflation, from $10,000 to $150,000. Effective June 4, 2026, though some provisions may not be effective until 2027.
Idaho SB 1283: Implements the Direct-to-Consumer Act to allow sales of homemade shelf-stable and perishable food products except certain meat products (though animal share agreements are permitted), subject to labeling, recordkeeping, and other requirements. Prevents local licensing and other requirements that are more strict than state and federal rules. Producers can use a designated agent to deliver products, and sales can occur at farm stands, farms, producers’ homes, cooperative or consignment markets, and commercial food establishments (if kept separate from other products). Effective March 20, 2026.
Indiana HB 1424: Significantly revises regulations for small producers by establishing new definitions for “homestead vendor” and “small farm” (entities with gross sales up to $1.5 million annually) and prohibits local entities from imposing requirements not already mandated by federal law. Provides sales channels, product labeling, and opportunities to ship products to customers. Also exempts public buildings used by these vendors from certain building regulations. Effective July 1, 2026.
Kentucky SB 73: Adds tallow-based cosmetic products to the definition of “home-based processor.” Effective April 8, 2026.
Maryland HB 0272: Modifies existing law to allow certain food establishments involved in agritourism (Class 4 limited wineries and Class 8 farm breweries) to use a portable toilet that meets specific requirements to satisfy the lavatory requirement. Effective July 1, 2026.
Maryland HB 0535: Expands the annual revenue allowed for cottage food businesses from $50,000 to $100,000. Effective October 1, 2026.
Michigan HB 4122: Expands the annual revenue allowed for the sale of non-potentially hazardous cottage foods to $50,000, and to $75,000 where a product is sold at a price of $250 or more per unit. These limits are set until October 1, 2026, and then may be adjusted for inflation. Also allows cottage food sales by internet or mail order and via a third-party delivery platform, subject to certain requirements. Effective March 24, 2026.
Nebraska LB 525: Implements a first-of-its-kind Agricultural Data Privacy Act to safeguard agricultural data and require data controllers to establish security practices and sign consent agreements with producers before using or selling agricultural data, defined as land, agronomic, weather, livestock, sustainability, and management data. It ensures that producers retain control over the digital footprint created by their own machinery. Core provisions take effect July 17, 2026; other contract and AI provisions become effective January and July 2027.
Oklahoma SB 2028: The Oklahoma Milk and Milk Products Act has been amended to allow for unlicensed sales of raw milk and raw milk products such as cheese from the farm, and increases the limit for “incidental sales” from 100 gallons to 1,500 gallons per month. Advertising is allowed, and a state-approved warning label is required on all containers. Sales off the farm and above the volume limits still require a license. Effective May 7, 2026.
Oklahoma HB 3720: The “Local Food Freedom Act” is created to allow any home business, excluding restaurants, to produce and sell local food products without a license if annual revenues don’t exceed $250,000. Excludes alcoholic beverages, raw milk, cannabis products, and products containing meat, seafood, or poultry. Non-time- or temperature-controlled foods can be sold directly to the consumer in person, via the internet or phone, and through a designated agent, such as a retail or grocery store or farmers market. For sales of time or temperature-controlled foods, an agent or third-party delivery service cannot be used. A producer of time/temperature-controlled foods must complete a food safety training course. Labeling is also required. Effective November 1, 2026.
Oregon HB 4153: This law allows farmers to host agritourism events on their farms and to expand retail sales. Establishes an allowance for “farm stores” as a permitted use on land zoned for farm use and allows sales of products produced by that farm as well as those of other local producers. The store may include an on-site kitchen. Effective January 1, 2027.
South Carolina H 5097: Amends state law to clarify that certain roadside markets on farm property selling that farm’s products direct to the public may not be classified as commercial operations for local zoning purposes and are exempt from specific local and state regulations. Effective May 15, 2026.
South Dakota HB 1064: Allows producers to sell meat direct to consumers if the animals were raised by the producer for at least ninety days and slaughtered and processed within the state at a “custom exempt plant.” The sale can occur at the producer’s residence, a farmers market, a roadside stand, or another temporary venue, as long as the packaging states that the meat has not been inspected. Will not take effect until federal law legalizes such sales of uninspected meat.
Utah HB 179: Raw milk and product producers selling direct to the consumer from their property no longer need a state permit but must notify the state of their intent to sell. Producers may designate an agent to deliver to their customers. Permits are still required for sales at any state-inspected retail establishment. Testing, labeling, cooling, and other requirements apply. There is a further exemption from testing and other requirements for producers who produce less than 500 gallons of raw milk per month and sell raw milk or raw milk products directly from the farm; notification to the state is still required. Effective May 6, 2026.
Utah SB 0217: Local Food Amendments allows a designated agent to sell and deliver a homemade product on behalf of a producer and allows a direct-to-sale farmers market to sell unlicensed and uninspected homemade products. Effective May 6, 2026.
Virginia HB 402: Expands the cottage food sales venues for certain products, including pickles and other acidified vegetables, to include online and phone sales; delivery is allowed by mail or delivery service. A working group has been established to examine the structural, equipment, and facility standards for homemade food producers who do not qualify for exemptions from the code’s inspection and permitting requirements. Findings are to be reported by November 1, 2026.
West Virginia SB 44: Amends current law to allow homemade food producers to sell perishable, potentially hazardous, and acidified foods (except meat, poultry, and dairy products) direct to consumers if they obtain a cottage food vendor permit and pass inspection. Effective June 12, 2026.
In Progress
Alaska SB 226: Adds a prohibition on cottage food vendors selling potentially hazardous foods in reduced oxygen packaging. In committee.
California SB 881: Seeks to establish tax credits for those who donate fresh fruits, vegetables, and certain processed foods to California food banks. In committee.
California AB 2315: Seeks to amend existing law to require local governments to grant a nondiscretionary permit to use a residence as a Microenterprise Home Kitchen Operation (MEHKO) and essentially adopt MEHKO statewide, removing county/city opt-in. In committee.
California AB 2646: Seeks to raise the minimum wage for “approved agricultural employees” and “corresponding employees” to $19.75 an hour starting in 2027. In committee.
Hawaii SB 2742 and HB 2152: Seeks to address owner liability and increased penalties and enforcement mechanisms for dog attacks on livestock. In committee.
Hawaii SB 1251 and HB 966: Seeks to establish uniform standards to promote agricultural tourism activities in all counties that have adopted an agricultural tourism ordinance. Requires agricultural tourism activities to be registered and to terminate when the agricultural activity with which they coexisted terminates. In committee.
Louisiana HB 347 and HB 403: Both bills seek to modify existing law to increase the annual sales limit for a home-based preparer of low-risk foods. HB 347 seeks to raise the amount from $30,000 to $100,000 and is currently in committee. HB 403 seeks to raise it from $30,000 to $50,000 and has passed through the House and the Senate but was amended in the Senate to change $50,000 to $100,000, ultimately matching HB 347. The bill is scheduled for concurrence.
Louisiana HB 753: Seeks to exempt certain meat products from state inspection if the producer sells the meat raised from their animals to informed individuals. Producers would still need to process meat at licensed custom slaughter facilities and would also need to label meat and disclose to consumers that the products are not for resale and have not been inspected. In committee.
Massachusetts S 69: Seeks to define cottage/homemade foods that do not require a permit and establish pre-operational inspection for foods where permits are required. Also clarifies product warning and labeling requirements. In joint committee.
Massachusetts H 5241 (replacing H 114 and 140): Seeks to establish home-based food business regulations that allow the direct sale of non-time and temperature-controlled homemade products through various channels, exempting them from most permitting, licensing, inspection, packaging, and labeling requirements. The House ordered that the Committee on Agriculture and Fisheries study the bills and report its results and recommendations on or before December 31, 2026.
Michigan HB 5217, HB 5218, HB 5219: Seeks to allow the sale of raw milk and raw milk products direct to customers by a producer or their designated agent, subject to notification to the state of intent to sell, obtaining of customer waiver, recordkeeping, testing, labeling, and other standards. Resides in House.
New Hampshire HB 396: Allows for a limited number of livestock to be processed each month by a producer at a custom processing facility and for the resulting meat to be sold to the consumer from the farm, a farm stand, farmers markets, or to a licensed restaurant. Certain labeling, meat handling, recordkeeping, refrigeration, and other requirements must be met. Passed House and Senate and should now move to the governor’s desk.
New Hampshire HB 1186: Seeks to amend the state egg law to require producers who sell from their home or farmstand to label their eggs; exempts such egg producers from requirements for sorting, selling, and grading eggs. Passed House and Senate and awaiting final sign-off.
New Hampshire HB 1253: Seeks to exempt livestock guard dogs from nuisance status when engaged in farm work. Passed House and Senate and awaiting final sign-off.
New Hampshire HB 1766: Seeks to prohibit the confiscation of animals when abuse is suspected unless there is a formal charge of cruelty or the animals require temporary protective custody. Would require the state veterinarian to accompany an investigating officer and set probable cause criteria for taking the animal. Passed House and Senate and awaiting final sign-off, though humane societies are petitioning the governor to veto.
New Hampshire SB 418: Seeks to prohibit municipalities from requiring licenses for the production and sale of homestead food products. Passed House and Senate and awaiting final sign-off.
New Hampshire HB 1647: Seeks to require all local governments to adopt new rules for assessing farm structures with the goal of preserving productive farms and supporting agricultural economic viability. Referred for further study.
New Hampshire SB 637: Seeks to establish a tax credit program to incentivize grocery stores to purchase agricultural products from local farms. Referred for further study.
New Jersey S 912: Seeks to allow a producer to use, or sell to a third party to use, ground-harvested fruit to produce alcohol, cider, baked goods, or other value-added products if appropriately treated to destroy microorganisms that might cause disease, spoilage, or undesirable fermentation. In committee.
New Jersey S 920: Seeks to permit the sale of raw milk under certain conditions and establishes a raw milk permit program. In committee.
New York AB 630: Seeks to prohibit the tethering, restraining, caging, or penning of working or non-working dogs outdoors between the hours of 7 p.m. to 6 a.m. and sets requirements for pen/cage size. In committee.
New York SB 950 and A652: Seeks to require a producer of shell eggs or liquid eggs for human consumption to confine egg-laying hens in a cage-free housing system. In committee.
New York S5683 and A668: Seeks restrictions on the tethering and confinement of food-producing animals in a manner that prevents such animals from lying down, standing up, fully extending their limbs, and turning around freely. In committee.
New York A5836: Would exempt the production and sale of certain homegrown food products from certain food processing licensure requirements where the food is sold directly to consumers and total sales do not exceed $12,500. In committee.
New York A6589: Would expand the definition of “agricultural tourism” by adding several new activities and production methods farmers can offer to the public. In committee.
New York S 1824: Seeks to allow farm breweries, cideries, wineries, and distilleries to sell “farm brewed” alcoholic beverages for off-premises consumption. In committee.
New York A 185: Would exempt livestock guardian dogs and herding dogs from license fees. In committee.
North Carolina S 1081: Seeks to amend the state constitution to create a constitutional right to engage in farming and forestry, which includes activities like growing crops, raising livestock, producing dairy and honey, and harvesting timber. In committee.
Ohio HB 134: Seeks to allow “microenterprise home kitchen operations” for the preparation and sale of certain homemade food items pursuant to registration, annual fee, inspection, and food safety standards. In committee.
Oklahoma HB 3056, SB 2027, SB 2071, SB 2125: These bills each seek changes to raw milk laws in various ways: expanding the types of raw milk that could be sold incidentally, additional sales avenues, and allowing for advertising. All have stalled except SB 2028, which was signed into law. See the summary of SB 2028 in the Passed Into Law section above.
Oklahoma HB 3124: Sought to prevent the state Department of Agriculture from requiring electronic ear tags on livestock as mandated by the USDA, and instead work with other states that regulate livestock to create agreements, or “compacts,” that would permit the sale of livestock without the tags between participating states. In committee.
Rhode Island H 7742 and S 2506: Seeks to add pickles and relish to those foods not requiring refrigeration which are permitted to be manufactured and sold as a homemade food product. The Health Committee recommended that the bill be referred for further study.
Failed
Alaska SB 226: Attempted to amend state law to allow cottage food vendors to sell potentially hazardous foods in reduced oxygen packaging. Died in committee.
Alabama HB 175: Known as the “Farm-to-Food Bank Act of 2026,” this bill sought to establish an income tax credit for farmers or owners of food establishments who donate edible farm products to qualifying food banks. Died in committee.
Arizona HB 2646: Sought to amend state laws on pesticides and fertilizer by introducing several key provisions to prohibit substances containing PFAS. Died in committee.
Florida S 1210, H793, SJR 278, SJR 274: All these bills sought state constitutional amendments to revise and ease property tax rules on homestead properties. All died in committee.
Florida HB 433 and SB 290: Companion bills sought various protections related to agriculture, the most significant of which sought to provide a cause of action for agricultural producers to recover damages for disparaging and false statements made about any agricultural product. Language on this in an early draft was later stricken and consideration of these bills was suspended.
Georgia HB 228: Sought to establish the Georgia Farmstead Relief Act. While the bill would have increased the kinds of products small dairy farmers could produce on farm and sell (such as cheese, butter, and ice cream), it sought requirements such as a dairy manufacturer’s license, mandating pasteurization of all milk used in production, subjecting farmsteads to inspections, and penalties for violations including misdemeanor charges and potential license revocation. Died in the House.
Idaho HB 526: Sought to amend existing law to allow certain cottage food operations to sell “time/temperature control for safety foods” directly to consumers. Passed the House but died in the Senate.
Iowa SF 2112: Sought to reverse provisions enacted in 2023 allowing for the production and sale of raw milk and raw milk products, subject to certain restrictions. Died in committee.
Iowa HF 2444: Sought to create an event permit for farm-to-table meals, expand the permissible sales of raw milk, and allow cottage foods to be sold in grocery stores. Died in committee.
Iowa SF 2420: Sought several reforms to state agricultural laws ranging from creating a butchery revitalization program to support small producers, increases in hauling limits for milk, and expansion of liability protections for agricultural tourism operations. Died in committee.
Kentucky HB 348: Sought to allow certain exempted poultry processors to sell to end consumers on a farm, at a farmers market, or at a roadside stand. Died in committee.
Kentucky SB 45: Sought to amend the definition of “agritourism activity,” define “working animal,” prohibit municipalities from restricting agritourism activity, and require that an agritourism activity comply with public health and safety requirements. Passed Senate but died in House Agriculture Committee.
Maryland SB 838: Sought to alter the definition of “cottage food product,” reduce the licensing requirements for a home bakery, and apply certain provisions of law governing cottage food businesses to home bakeries. Died in committee.
Mississippi SB 2284: Sought to revise current law to add cow and sheep milk to goat milk incidental sales allowance on the farm. Died in committee.
Mississippi SB 2281: Sought to create custom slaughter exemptions when processing livestock without full regulatory oversight as long as producers allow customers to inspect and select their animal. Animals presented for slaughter could have multiple owners. Died in committee.
Mississippi SB 2394, 2398 and 2283, and HB 910: Sought to increase the annual sales allowed for cottage food makers to $120,000 and to increase the allowable sales avenues. Died in committee.
Mississippi HB 785: Sought to create a state On-Farm Sales and Food Freedom Act to limit the ability of local governments to regulate certain agricultural practices and direct sales of farm products. Also sought to allow for the incidental sale of raw cow milk in addition to raw goat milk. Died in committee.
Missouri HB 2814: Sought to establish a state Food Freedom to Farm Act to provide broad protections for farmers and ranchers and prevent government intervention in agricultural practices. Died in committee.
Missouri HB 3108: Sought to expand allowances for homemade food producers. Died in committee.
Ohio HB 406: The Farm-to-Consumer Access to Raw Milk Act sought to regulate the sale of raw milk by creating two primary licensing categories for raw milk sales: raw milk retailers (for human consumption) and raw milk feed retailers (for animal consumption). We believe this effort died in the Agriculture Committee.
Rhode Island H 7742: Attempted to include pickles and relish among those foods not requiring refrigeration which are allowed to be manufactured and sold as a cottage food product. Measure held for further study.
South Dakota HB 1121: Sought to allow the sale of raw milk at a farmers market and a retail store owned by the milk producer but not located on the farm itself. Withdrawn.
Tennessee HJR 0780: Sought a state constitutional amendment establishing the right to food that includes the right for residents to grow, raise, harvest, produce, and acquire and consume the food of their own choosing. Died in committee.
Virginia HB 699: Sought to expand the sales of homemade food direct to consumer of any food without inspection as long as labeling requirements and sales venue restrictions are followed. Died in committee.
Washington HB 2129: Sought to support agritourism activities by establishing clear legal protections and guidelines for agricultural businesses. Died in committee.
Washington SB 5605: Sought to allow microenterprise home kitchens to prepare meals to be consumed by customers offsite, including via catering services. Introduced but did not progress.
Washington HB 2703: Sought to expand the types of cottage food products considered to be potentially nonhazardous. Died in committee.
West Virginia HB 4498: Sought to strengthen the state Right to Farm Act by expanding protections to “residential agricultural lands” and promoting “urban agriculture,” and clarifying that agricultural operations are not considered a nuisance unless they cause actual physical damage and have existed for less than a year, or if they materially violate federal, state, or local laws. Died in committee.
Wisconsin SB 739 and AB 748: Sought to exempt homemade producers making pickled fruits and vegetables, baked goods, and other shelf-stable foods from licensing requirements. Failed to pass.
Although many state legislative sessions have come to an end, if a bill dies in committee, dies in session, or is vetoed by the governor, please remember that it is possible for the bill to be reintroduced in a future legislative session, so your opportunity to engage in the process and lend your support continues throughout the year. If you are aware of additional policy issues this year that you feel are important and would like to bring to our attention, please feel free to email us at [email protected] with details.
