• Skip to main content
  • Skip to footer

Farm-to-Consumer Legal Defense Fund

Protecting, defending, and broadening the rights and viability of independent farmers, artisanal food producers, and their consumers.

  • Join
    • Join
    • Member Login
    • Testimonials
  • About Us
    • About Us
    • Board of Directors
    • Team
    • Work With Us
  • Donate
  • News
  • Events
  • RESOURCES
  • Action Alerts

Cottage Foods Map and Chart

State-by-State* Review of Cottage Food Laws

AL AK AZ AR CA CO CT DE FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY
  • Some potentially hazardous foods
  • Non-potentially hazardous foods
  • Baked and confectionery goods only

Specific requirements for cottage food laws vary by state.
Copyright © 2018 Farm-to-Consumer Legal Defense Fund, farmtoconsumer.org. The map is the property of the Farm-to-Consumer Legal Defense Fund (FTCLDF). This map may not be reproduced or altered without the express, written permission of FTCLDF, and if permission is granted all reproductions must cite FTCLDF as the source of the original material. This map is not intended to be used as or construed as legal advice.

Read “Introduction to the Cottage Foods Map” for more details.

StateStatutory CitationFood AllowedSales LimitSales VenueInspections*Requirements Other Than Labeling**
AlabamaAla. Code 1975 § 22-20-5.1Non time/temperature control for safety baked goods, canned jams, jellies, dried herbs/herb mixes, and candy.$20,000 per yearDirect to consumerNot specifiedMust attend and pass a food safety course approved by Health Department.
Alaska18 Alaska Admin. Code tit. 18, § 31.012Non-potentially hazardous foods, including jams, jellies, pickled vegetables, bread, popcorn, confections, granola, fermented fruits and vegetables, and pastries.$25,000 per yearDirect to consumerNot specifiedFor pickled or dried products, must provide information on pH or water activity and have recipe or formula available on request.
ArizonaAriz. Rev. Stat. Ann. § 36-136A cottage food product that is not potentially hazardous or a time or temperature control for safety food and that is prepared in a kitchen of a private home for commercial purposes including fruit jams and jellies, dry mixes made with ingredients from approved sources, honey, dry pasta, and roasted nuts.NoneDirect to consumer, grocery stores, and restaurantsNoFree online registration and food handlers card or certificate if required by local health department.
ArkansasArk. Code Ann. § 20-57-201Non-potentially hazardous foods, including bakery products, candy, fruit butters, jams, jellies, chocolate-covered fruit and berries that are not cut, and similar products specified in rules adopted by the Department of Health.NoneDirect to consumer via home, physical or online farmers’ markets, county fairs, or special events.NoNone
CaliforniaCal. Health & Safety Code § § 113758; 114365.5Non-potentially hazardous foods, including baked goods, candy, chocolate-covered foods, dried fruit, dried pasta, baking mixes, fruit pies, fruit empanadas, fruit tamales, granolas, cereals and trail mixes, herb blends and dried mole paste, jams, jellies, preserves, fruit butter, nut mixes and nut butters, popcorn, vinegar, mustard, roasted coffee, dried tea, and waffle cones and pizzelles (and their ethnic variations).$50,000 per year, as of 2015Class A – Direct to consumer only.

Class B – Direct to consumer and/or wholesale.
YesFood processor training (maximum of 4 hours) and substantive sanitary requirements.
ColoradoColo. Rev. Stat. Ann. § 25-4-1614Pickled fruits and vegetables, spices, teas, dried produce, nuts, seeds, honey, jams, jellies, preserves, fruit butter, flour and baked goods, candies, fruit empanadas and tortillas and other potentially nonhazardous foods; fresh eggs (less than 250 dozen per month).$10,000 per productDirect to consumerSubject to food sampling and inspectionFood safety course, food handlers course, voluntary online registry, and liability insurance encouraged.
ConnecticutConn. Gen. Stat. Ann. § 21a-24aAcidified foods, jams, jellies or preserves.NoneOn-farm onlyNot specifiedFood handlers course plus substantive requirements.
Delaware3 Del. Admin. Code 101-7.0Baked breads, cakes, muffins, or cookies; candy (non-chocolate); containerized fruit preparations consisting of jellies, jams, preserves, marmalades, and fruit butters; fruit pies; herbs in vinegar; honey and herb mixtures; dried fruit and vegetables; spices and herbs; maple syrup and sorghum; snack items such as popcorn, caramel corn and peanut brittle; and roasted nuts.$40,000 per yearFarmers’ markets, roadside produce stands, or on the producer’s farm.YesFood handlers course offered by the Cooperative Extension Program, On-Farm Home Food Processing License, substantive requirements, and registration with Delaware Department of Agriculture.
District of ColumbiaD.C. Code Ann. § 7-742.01Non-potentially hazardous foods.$25,000 per yearFarmers’ markets or other public places.YesPermit and registration
FloridaFla. Stat. Ann. §500.80Non-potentially hazardous foods, including baked goods, candies, jams, jellies, fruit pies, dried fruit, dried herbs, seasonings and mixtures, pasta, cereals, trail mixes and granola, coated or uncoated nuts, vinegars, and popcorn.$50,000 per yearDirect to consumer; internet sales as long as products are delivered direct to consumer or to a specific event venue.No, unless complaint receivedNone
GeorgiaGa Comp. R. & Regs. 40-7-19-.01Non-potentially hazardous foods, including baked goods, candy, jam, fruit pies, dried fruit, coated or uncoated nuts, cereal, vinegar, dried herbs, seasonings and mixtures, popcorn/popcorn balls, and cotton candy.NoneDirect to consumerYesRegistration and licensing plus substantive requirements.
HawaiiN/aNone N/a N/a N/a N/a
IdahoIdaho Admin. Code r. 16.02.19.001; 16.02.19.110Include, but are not limited to, baked foods, fruit jams and jellies, fruit pies, breads, cakes, pastries and cookies, candies and confections, dried fruits, dry herbs, seasonings and mixtures, cereals, trail mixes, granola, nuts, vinegar, popcorn and popcorn balls, and cotton candy.NoneAny venue but direct to consumer only.Not specifiedNone
Illinois410 Ill. Comp. Stat. Ann. 625/4Non-potentially hazardous baked goods, jams, jellies, fruit preserves, fruit butters, dry herbs, dry herb blends, and dry tea blends.$36,000 per yearDirect to consumer at farmers’ markets only.YesFood Service Sanitation Manager Certificate
IndianaInd. Code Ann. § 16-42-5-29Non-potentially hazardous foods including but not limited to baked items, such as cookies, cakes, fruit pies, cupcakes, bars, yeast breads, fruit breads, baguettes; candy and confections, such as caramels, chocolates, fudge, peanut brittle, chocolate-covered fruits, bon bons, buckeyes, chocolate-covered nuts; and products such as unprocessed fruits and vegetables, tree nuts, legumes, pickles processed in a traditional method, honey, molasses, sorghum, and maple syrup.NoneDirect to consumerNo, unless complaint received or department determines food is misbranded or adulteratedBasic sanitation measures
IowaIowa Admin. Code r. 481-34.1(137D)Non-potentially hazardous baked goods such as breads, cakes, doughnuts, pastries, buns, rolls, cookies, biscuits and pies (except meat pies), and honey and shell [fresh] eggs. Some potentially hazardous baked goods.None at farmers markets; $20,000 otherwise, per year.

Can also sell up to $1,000 of potentially hazardous baked goods.
Direct to consumerNoThree levels:

1. Sales at farmers’ markets of non-potentially hazardous foods: no license needed;
2. Sales direct to consumer at other locations, non-potentially hazardous foods, up to $20,000 annually: no license needed
3. Sales direct to consumer of potentially hazardous foods: Home Establishment License
KansasNo statute or regulation. Cottage food is adopted by Dept. PolicyNon-potentially hazardous baked goods such as cookies, breads, cakes, cinnamon rolls and fruit pies; fresh fruits and vegetables; and honey.NoneDirect to consumer at farmers’ markets.Not specifiedNot specified
Kentucky
(also see below)
Ky. Rev. Stat. Ann. §217.136; Ky. Rev. Stat. Ann. § 217.015Foods made by a home based processor. Home based processor means a person who in his or her home, produces or processes whole fruit and vegetables, mixed-greens, jams, jellies, sweet sorghum syrup, preserves, fruit butter, bread, fruit pies, cakes, or cookies.NoneDirectly to consumers within this state, including from a home based processor’s home, whether by pick up or delivery, at a market, roadside stand, community event or online.May be inspected annuallyBasic sanitation measures
Kentucky (Microprocessor Program)Ky. Rev. Stat. Ann. §217.137; 217.015Typical non-refrigerated foods including jam plus salsa, pickled and canned vegetables, herbal vinegars and barbeque sauce.

Home based microprocessor means a farmer who, in the farmers home or certified or permitted kitchen, produces or processes acid foods, formulated acid food products, acidified food products, or low-acid canned foods.
Less than $35,000 per yearFarmers’ markets, certified roadside stands, or on the processor’s farm.YesMust grow, harvest, and process primary ingredient and attend a workshop at University of Kentucky that includes an exam.
LouisianaLa. Stat. Ann. §40:4.9Baked goods such as breads, cakes, cookies, and pies; candies; cane syrup; dried mixes; honey and honeycomb products; jams, jellies, and preserves; pickles and acidified foods; sauces and syrups; and spices.$20,000 per yearDirect to consumerNoFor breads, cakes, cookies, and pies: building must be constructed to exclude vermin; pets shall be excluded where preparation takes place; refrigeration shall be provided for all perishable products used; all equipment must be kept clean.
MaineCode Me. R. titl. 01-001 Ch. 345, § 1, et seq.Any foods produced in the home, except home-canned foods that require pressure cooking for sealing.NoneDirect to consumer plus grocery stores, restaurants and other wholesale.YesDoors and windows must have screens, walls and ceilings must be washable, and sink must have two basins.

No label required if sold direct to consumer from the home.
MarylandMd. Code Ann., Health-Gen. § 21-301, 330.1Non-potentially hazardous baked goods (no cream cheese, custards, fruits, or other potentially hazardous fillings or glazes that require refrigeration); high acid fruit jams, preserves, and jellies (made only from oranges, nectarines, tangerines, blackberries, raspberries, blueberries, boysenberries, cherries, cranberries, strawberries, red currants, or another fruit mixture that produces an acid canned product at 4.6 pH or less); fruit butters; natural honey; hard candy (chocolates, caramel, fudge and other soft candies require a permit).$25,000 per yearFarmers’ markets, bake sales, and public events.No, unless complaint receivedNone
Massachusetts105 Mass. Code Regs. 500.015, 520.000 and 590.000Non-potentially hazardous foods including baked goods, confections, jams, and jellies.NoneTwo levels: Direct to consumer or wholesale (which has added requirements).YesRegistration and substantive requirements
MichiganMich. Comp. Laws Ann. § 289.1105(k)Non-potentially hazardous foods including baked goods that do not require temperature control for safety, jams and jellies, nuts, dried fruit, candy, cereal, granola, dry mixes, herbs, and vinegar.$25,000 per yearDirect to consumerNo, unless complaint received or illness linked to foodDepartment may enforce adulteration laws.
MinnesotaMinn. Stat. Ann. § 28A.152MiNon-potentially hazardous foods, pickles, and vegetables or fruits with a pH of 4.6 or lower.$18,000 per yearCommunity or social events, farmers’ markets, or from the home.NoRequired to register with the State; requires online class, passing a test and certifying that producer complies with local laws.
MississippiMiss. Code Ann. § 75-29-95Jams, jellies, sweet sorghum syrup, preserves, fruit butter, fruit pies, cakes, cookies, and breads that do not contain meat or seafood.$20,000 per yearDirect to consumerNo, unless complaint receivedNone
MissouriFood Code, Chap. 1, Sec. 31.viii; VAMS 196.298Non-potentially hazardous foods including baked goods, canned jams or jellies, and dried herbs and herb mixes.$50,000 per yearDirect to consumer from producer’s home.Local cities/counties may require inspectionNone
MontanaMont. Code Ann. § 50-50-116; Mont Code Ann. § 50-50-301; Mont. Code Ann. § 50-50-117;Non-potentially hazardous foods including jams, jellies, dried fruit, dry mixes, and baked goods. Other food may be permitted by Department rule.NoneDirect to consumer and farmers’ markets.No, unless complaint receivedMust register with the local health authority in the same county as the domestic residence.
NebraskaNeb. Rev. Stat. Ann. § 81-2,245.01Non-potentially hazardous foods.NoneFarmers’ markets onlyNot specifiedNone
NevadaNev. Rev. Stat. Ann. § 446.866Nuts and nut mixes; candies; jams, jellies, and preserves; vinegar and flavored vinegar; dry herbs and seasoning mixes; dried fruits; cereals, trail mixes, and granola; popcorn and popcorn balls; baked goods that are non-potentially hazardous.$35,000 per yearDirect to consumer from the farm, farmers’ markets, flea markets, swap meets, church bazaars, garage sales, and craft fairs.No, unless complaint receivedRegistration and fee
New HampshireN.H. Rev. Stat. Ann. § 143-A:5Non-potentially hazardous baked items, double-crusted fruit pies, candy and fudge, spices and herbs, vinegars, mustards, jams, and jellies.$20,000 per year.

If sales exceed $20,000, a Homestead Food License is required.
Residence, farmstands, and farmers’ markets.

If selling to restaurants, over the internet, or to wholesalers, brokers or other food distributors (not including retail food stores) must have a Homestead Food License.
NoAdditional requirements for selling more types of foods, above annual limit, or at more locations.
New JerseyN/a None N/a N/a N/a N/a
New MexicoN.M. Admin. Code 7.6.2.15Non-potentially hazardous foods.NoneDirect to consumer at farmers’ markets, roadside stands, festivals, or other direct to consumer venues.Not specifiedRegistration, and food safety training every 5 years.
New YorkN.Y.
Comp.
Codes R. &
Regs. Titl 1, § 276.4
Breads (no fruit or vegetable breads like banana, zucchini, etc.), rolls, cookies, cakes, cupcakes, brownies; fudge; double-crusted fruit pies; traditional jams, jellies, and marmalades made with high acid/low pH fruits; repacking/blending of commercially dried spices and herbs; popcorn, caramel corn, peanut brittle, granola using commercially processed nuts; and candy (excluding chocolate).NoneDirect to consumer from farms, farm stands, farmers’ markets, green markets, craft fairs, and flea markets except from the home.No, unless complaint receivedFood Service Establishment permit is required from local health department or State District Office. Finished products are clean and sanitary, not adulterated or misbranded; glass containers for jams & similar products have rigid metal covers. Subject to county ordinances.
North CarolinaNo state laws; must meet federal food safety guidelinesLow-risk packaged foods including baked goods, jams and jellies, candies, dried mixes, spices, some sauces and liquids, and pickles and acidified foods.NoneNo restrictionsYesFood contact surfaces must be smooth and easily cleanable; no pets in home at any time; all light bulbs must have protective shields or be shatter-proof; other similar requirements.
North DakotaN.D. Cent. Code Ann. § 23-09.5-02Baked goods, jams, jellies, and other food and drink products produced by a cottage food operator.NoneOn farm/ranch, farmers’ markets, farm stands, or any other venues not otherwise prohibited by law or through delivery.No, unless complaint receivedInterstate sales prohibited.
OhioOhio Rev. Code Ann. § 3715.01ONon-potentially hazardous baked goods, jams, jellies, candy (not including fresh fruit, dipped or covered), flavored honey, fruit chutneys, fruit butters, granola, granola bars, granola dipped in candy, maple sugar, popcorn, unfilled baked donuts, waffle cones, pizzelles, cereal and nut snack mixes with seasonings, roasted coffee, dry baking mixes, dry herbs and seasonings, dry soup mixes, and dry tea.NoneDirect to consumer and retail food establishments within Ohio.Not specifiedSubject to sampling for misbranding or adulteration.
Oklahoma
(also see below)
Okla. Stat. Ann. tit. 2, § 5-4.3Baked goods not containing meat products or fresh fruit.$20,000 per yearAt home onlyNot specifiedNone
Oklahoma63 Okla.Stat.Ann. tit. 63 § 1-1331Raw honey500 gallons per yearDirect to consumerNoNone
OregonOr. Rev. Stat. Ann. § 616.706 and Or. Admin. R. 603-025-0200Non-potentially hazardous foods, but must have separate refrigeration unit.NoneDirect to consumer and wholesaleYesSpecifies that the business can have non-resident employees; requires a license.
PennsylvaniaNo statute, permitted by department policy.Non-potentially hazardous foods. Potentially hazardous foods may be produced in a home kitchen separate from personal use areas and meeting full regulatory standards for a food establishment.NoneDirect to consumer and wholesaleYesRegistration, and substantive requirements
Rhode Island21 R.I. Gen. Laws Ann. § 21-27-6.1Non-potentially hazardous foods including jams, jellies, preserves, and acid foods such as vinegars that have been prepared using fruits, vegetables, and/or herbs that have been grown locally; double-crusted pies that are made with fruit grown locally; yeast breads; maple syrup; candies and fudges; and dried herbs and spices.NoneFarmers’ markets, farmstands, other markets and stores operated by the farmers.NoOnly available for food produced in a kitchen on the premises of a farm. Registration required, other substantive requirements.
South CarolinaS.C. Code Ann. § 44-1-143Non-potentially hazardous baked goods and candies.May apply for an exemption from inspection and label review if sales are less than $15,000 per year. If sales are less than $500 annually then none of the provisions apply.Direct to consumerNoIf selling at a location other than the home, must get exemption from inspection and label review. Custom, made-to-order items (e.g. wedding and birthday cakes) do not fall under agency’s jurisdiction.
South DakotaS. D.S
Codified Laws § 34-18-34, 34-18-35
TennesseeTenn. Code Ann. § 53-1-208Non-potentially hazardous jams, jellies, candy, and baked goods.100 units per weekDirect to consumer from residence; community or social events, including church bazaars and festivals; flea markets; and farmers’ markets.YesRegistration and licensing with substantive requirements.
TexasTex. Health & Safety Code Ann. § 437.0191Non-potentially hazardous baked goods, candy, coated and uncoated nuts, unroasted nut butters, fruit butters, canned jams and jellies, fruit pies, dehydrated fruit and vegetables including dried beans, popcorn and popcorn snacks, cereals including granola, dry mix, vinegar, pickles, mustard, roasted coffee, dry tea, and dried herbs.$50,000 per yearDirect to consumer from producer’s home and at farmers’ markets, farm stands or municipal, county, or nonprofit fairs, festivals or events.NoMust complete a basic food safety education or training program for food handlers.
UtahUtah Code Ann. § 4-5-501Non-potentially hazardous baked goods, jams, jellies, and other non-potentially hazardous foods produced in a home kitchen.NoneWithin the stateNo, unless complaint receivedRegistration and valid food handlers permit and substantive requirements.
VermontVt. Stat. Ann. tit. 18, § 4358Baked goods such as bread, cakes, pies, and other foods made either wholly or in part from flour.$6,500 average per yearFrom the home only, direct to consumer only. Cannot sell to restaurants, inns or hotels, or church, fraternal or charitable food sales.Not specifiedSubstantive requirements
VirginiaVa. Code Ann. § 3.2-5130; Va. Code 3.2-5101Candies, jams, and jellies not considered to be low-acid or acidified low-acid food products, dried fruits, dry herbs, dry seasonings, dry mixtures, coated and uncoated nuts, vinegars and flavored vinegars, popcorn, popcorn balls, cotton candy, dried pasta, dry baking mixes, roasted coffee, dried tea, cereals, trail mixes, granola, and baked goods that do not require time or temperature control after preparation. Pickles and other acidified vegetables with a pH value of 4.6 or lower. Honey from own hives.None.

May also produce pickles, up to $3,000 per year or honey up to 250 gallons per year.
From the home or farmers’ markets.NoNone
WashingtonWash. Rev. Code Ann. § 69.22.010, et seq.Non-potentially hazardous products such as baked goods, baked candies and candies made on stovetop, jams, jellies, preserves, fruit butters, vinegars and dried mixes, and other non-potentially hazardous foods identified by rule.$25,000 per year, adjusted for inflationDirect to consumerYesPermit with substantive requirements.
West VirginiaW. Va. Code St. R. § 64-102-2Nondietary jams, jellies, and preserves, apple butter, molasses, sorghum, undiluted honey and undiluted maple syrup, dehydrated fruits and vegetables, vinegar (plain, herb or flavored), cakes, cookies, candies, fruit pies, yeast breads, nut and fruit breads, and other similar foods.NoneDirect to consumer and religious or charitable organizations’ bake sales.NoRegistration with local health department.
Wisconsin
(also see below)
Wis. Stat. Ann. § 97.29; 97.30Pickles and other processed vegetables or fruits (like jams and jellies) with pH under 4.6.$5,000 per yearDirect to consumer only at farmers’ markets and other community events.Not specifiedRegistration with local health department.
 WisconsinJudge’s rulingNot-potentially hazardous baked goodsNoneDirect to consumer sales from any venue.N/a N/a
WyomingWyo. Stat. Ann. § 11-49-103Non-potentially hazardous foods.NoneFarmers’ markets, roadside stands, home, and at functions including those operated by nonprofit, charitable, or religious organizations.Not specifiedNone

May 17, 2018
Copyright © 2010-2018 Farm-to-Consumer Legal Defense Fund www.farmtoconsumer.org. The chart is the property of the Farm-to-Consumer Legal Defense Fund (FTCLDF). This chart may not be reproduced or altered without the express, written permission of FTCLDF, and if permission is granted, all reproductions must cite FTCLDF as the source of the original material. This chart is not intended to be used as or construed as legal advice.


*In states without substantive requirements, we assume that the failure to specify inspection means that there are no inspections.
**Cottage food laws in most states include a labeling requirement.

States without existing Cottage Food Laws or Regulations: 3; Hawaii, Kansas and New Jersey
States that recognize home food production with no statute or regulations: 1; North Carolina

GLOSSARY

Consumer – end user of the product
Direct to consumer – producer can sell to the end consumer, but cannot sell wholesale
Non-potentially hazardous foods – foods that are considered safe without time and temperature controls
Non-time/temperature control for safety foods – FDA’s new term for “Non-potentially hazardous foods;” see “Non-potentially hazardous foods.”
Potentially hazardous foods – Any type of food can host contaminants, but some foods are better than others for the growth of harmful pathogens. Foods that need time and temperature control for safety—known as TCS foods—generally include foods like milk and dairy products, eggs, meat (beef, pork, and lamb), poultry, fish, shellfish and crustaceans, baked potatoes, tofu or other soy protein, sprouts and sprout seeds, sliced melons, cut tomatoes, cut leafy greens, untreated garlic-and-oil mixtures, and cooked rice, beans, and vegetables. FDA’s new term for this is “time/temperature control for safety foods.”
Producer – maker of product
Time/temperature control for safety foods – FDA’s new term for “potentially hazardous foods;” see “Potentially hazardous foods.”

 

Footer

  • Instagram
  • Facebook
  • Twitter
  • YouTube
  • RSS Feed
  • Contact Us
  • Login

Defending the rights and broadening the freedoms of family farms and protecting consumer access to raw milk and nutrient dense foods. Copyright © 2007-2020 · For more information: email: [email protected] · Phone: (703) 208-FARM (3276) · Falls Church, VA Farm-to-Consumer Legal Defense Fund (FTCLDF) The content of this website is intended for educational and informational purposes only and is not intended to be nor should it be construed as either a legal opinion or as legal advice. Articles posted here do not necessarily represent the views or the position of the Farm-to-Consumer Legal Defense Fund.