State-by-State* Review of Cottage Food Laws
- 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.
| State | Statutory Citation | Food Allowed | Sales Limit | Sales Venue | Inspections* | Requirements Other Than Labeling** |
|---|---|---|---|---|---|---|
| Alabama | Ala. Code 1975 § 22-20-5.1 | Non time/temperature control for safety baked goods, canned jams, jellies, dried herbs/herb mixes, and candy. | $20,000 per year | Direct to consumer | Not specified | Must attend and pass a food safety course approved by Health Department. |
| Alaska | 18 Alaska Admin. Code tit. 18, § 31.012 | Non-potentially hazardous foods, including jams, jellies, pickled vegetables, bread, popcorn, confections, granola, fermented fruits and vegetables, and pastries. | $25,000 per year | Direct to consumer | Not specified | For pickled or dried products, must provide information on pH or water activity and have recipe or formula available on request. |
| Arizona | Ariz. Rev. Stat. Ann. § 36-136 | A 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. | None | Direct to consumer, grocery stores, and restaurants | No | Free online registration and food handlers card or certificate if required by local health department. |
| Arkansas | Ark. Code Ann. § 20-57-201 | Non-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. | None | Direct to consumer via home, physical or online farmers’ markets, county fairs, or special events. | No | None |
| California | Cal. Health & Safety Code § § 113758; 114365.5 | Non-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 2015 | Class A – Direct to consumer only. Class B – Direct to consumer and/or wholesale. | Yes | Food processor training (maximum of 4 hours) and substantive sanitary requirements. |
| Colorado | Colo. Rev. Stat. Ann. § 25-4-1614 | Pickled 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 product | Direct to consumer | Subject to food sampling and inspection | Food safety course, food handlers course, voluntary online registry, and liability insurance encouraged. |
| Connecticut | Conn. Gen. Stat. Ann. § 21a-24a | Acidified foods, jams, jellies or preserves. | None | On-farm only | Not specified | Food handlers course plus substantive requirements. |
| Delaware | 3 Del. Admin. Code 101-7.0 | Baked 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 year | Farmers’ markets, roadside produce stands, or on the producer’s farm. | Yes | Food 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 Columbia | D.C. Code Ann. § 7-742.01 | Non-potentially hazardous foods. | $25,000 per year | Farmers’ markets or other public places. | Yes | Permit and registration |
| Florida | Fla. Stat. Ann. §500.80 | Non-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 year | Direct to consumer; internet sales as long as products are delivered direct to consumer or to a specific event venue. | No, unless complaint received | None |
| Georgia | Ga Comp. R. & Regs. 40-7-19-.01 | Non-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. | None | Direct to consumer | Yes | Registration and licensing plus substantive requirements. |
| Hawaii | N/a | None | N/a | N/a | N/a | N/a |
| Idaho | Idaho Admin. Code r. 16.02.19.001; 16.02.19.110 | Include, 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. | None | Any venue but direct to consumer only. | Not specified | None |
| Illinois | 410 Ill. Comp. Stat. Ann. 625/4 | Non-potentially hazardous baked goods, jams, jellies, fruit preserves, fruit butters, dry herbs, dry herb blends, and dry tea blends. | $36,000 per year | Direct to consumer at farmers’ markets only. | Yes | Food Service Sanitation Manager Certificate |
| Indiana | Ind. Code Ann. § 16-42-5-29 | Non-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. | None | Direct to consumer | No, unless complaint received or department determines food is misbranded or adulterated | Basic sanitation measures |
| Iowa | Iowa 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 consumer | No | Three 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 |
| Kansas | No statute or regulation. Cottage food is adopted by Dept. Policy | Non-potentially hazardous baked goods such as cookies, breads, cakes, cinnamon rolls and fruit pies; fresh fruits and vegetables; and honey. | None | Direct to consumer at farmers’ markets. | Not specified | Not specified |
| Kentucky (also see below) | Ky. Rev. Stat. Ann. §217.136; Ky. Rev. Stat. Ann. § 217.015 | Foods 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. | None | Directly 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 annually | Basic sanitation measures |
| Kentucky (Microprocessor Program) | Ky. Rev. Stat. Ann. §217.137; 217.015 | Typical 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 year | Farmers’ markets, certified roadside stands, or on the processor’s farm. | Yes | Must grow, harvest, and process primary ingredient and attend a workshop at University of Kentucky that includes an exam. |
| Louisiana | La. Stat. Ann. §40:4.9 | Baked 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 year | Direct to consumer | No | For 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. |
| Maine | Code 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. | None | Direct to consumer plus grocery stores, restaurants and other wholesale. | Yes | Doors 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. |
| Maryland | Md. Code Ann., Health-Gen. § 21-301, 330.1 | Non-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 year | Farmers’ markets, bake sales, and public events. | No, unless complaint received | None |
| Massachusetts | 105 Mass. Code Regs. 500.015, 520.000 and 590.000 | Non-potentially hazardous foods including baked goods, confections, jams, and jellies. | None | Two levels: Direct to consumer or wholesale (which has added requirements). | Yes | Registration and substantive requirements |
| Michigan | Mich. 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 year | Direct to consumer | No, unless complaint received or illness linked to food | Department may enforce adulteration laws. |
| Minnesota | Minn. Stat. Ann. § 28A.152Mi | Non-potentially hazardous foods, pickles, and vegetables or fruits with a pH of 4.6 or lower. | $18,000 per year | Community or social events, farmers’ markets, or from the home. | No | Required to register with the State; requires online class, passing a test and certifying that producer complies with local laws. |
| Mississippi | Miss. Code Ann. § 75-29-95 | Jams, jellies, sweet sorghum syrup, preserves, fruit butter, fruit pies, cakes, cookies, and breads that do not contain meat or seafood. | $20,000 per year | Direct to consumer | No, unless complaint received | None |
| Missouri | Food Code, Chap. 1, Sec. 31.viii; VAMS 196.298 | Non-potentially hazardous foods including baked goods, canned jams or jellies, and dried herbs and herb mixes. | $50,000 per year | Direct to consumer from producer’s home. | Local cities/counties may require inspection | None |
| Montana | Mont. 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. | None | Direct to consumer and farmers’ markets. | No, unless complaint received | Must register with the local health authority in the same county as the domestic residence. |
| Nebraska | Neb. Rev. Stat. Ann. § 81-2,245.01 | Non-potentially hazardous foods. | None | Farmers’ markets only | Not specified | None |
| Nevada | Nev. Rev. Stat. Ann. § 446.866 | Nuts 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 year | Direct to consumer from the farm, farmers’ markets, flea markets, swap meets, church bazaars, garage sales, and craft fairs. | No, unless complaint received | Registration and fee |
| New Hampshire | N.H. Rev. Stat. Ann. § 143-A:5 | Non-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. | No | Additional requirements for selling more types of foods, above annual limit, or at more locations. |
| New Jersey | N/a | None | N/a | N/a | N/a | N/a |
| New Mexico | N.M. Admin. Code 7.6.2.15 | Non-potentially hazardous foods. | None | Direct to consumer at farmers’ markets, roadside stands, festivals, or other direct to consumer venues. | Not specified | Registration, and food safety training every 5 years. |
| New York | N.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). | None | Direct to consumer from farms, farm stands, farmers’ markets, green markets, craft fairs, and flea markets except from the home. | No, unless complaint received | Food 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 Carolina | No state laws; must meet federal food safety guidelines | Low-risk packaged foods including baked goods, jams and jellies, candies, dried mixes, spices, some sauces and liquids, and pickles and acidified foods. | None | No restrictions | Yes | Food 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 Dakota | N.D. Cent. Code Ann. § 23-09.5-02 | Baked goods, jams, jellies, and other food and drink products produced by a cottage food operator. | None | On farm/ranch, farmers’ markets, farm stands, or any other venues not otherwise prohibited by law or through delivery. | No, unless complaint received | Interstate sales prohibited. |
| Ohio | Ohio Rev. Code Ann. § 3715.01O | Non-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. | None | Direct to consumer and retail food establishments within Ohio. | Not specified | Subject to sampling for misbranding or adulteration. |
| Oklahoma (also see below) | Okla. Stat. Ann. tit. 2, § 5-4.3 | Baked goods not containing meat products or fresh fruit. | $20,000 per year | At home only | Not specified | None |
| Oklahoma | 63 Okla.Stat.Ann. tit. 63 § 1-1331 | Raw honey | 500 gallons per year | Direct to consumer | No | None |
| Oregon | Or. Rev. Stat. Ann. § 616.706 and Or. Admin. R. 603-025-0200 | Non-potentially hazardous foods, but must have separate refrigeration unit. | None | Direct to consumer and wholesale | Yes | Specifies that the business can have non-resident employees; requires a license. |
| Pennsylvania | No 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. | None | Direct to consumer and wholesale | Yes | Registration, and substantive requirements |
| Rhode Island | 21 R.I. Gen. Laws Ann. § 21-27-6.1 | Non-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. | None | Farmers’ markets, farmstands, other markets and stores operated by the farmers. | No | Only available for food produced in a kitchen on the premises of a farm. Registration required, other substantive requirements. |
| South Carolina | S.C. Code Ann. § 44-1-143 | Non-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 consumer | No | If 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 Dakota | S. D.S Codified Laws § 34-18-34, 34-18-35 | |||||
| Tennessee | Tenn. Code Ann. § 53-1-208 | Non-potentially hazardous jams, jellies, candy, and baked goods. | 100 units per week | Direct to consumer from residence; community or social events, including church bazaars and festivals; flea markets; and farmers’ markets. | Yes | Registration and licensing with substantive requirements. |
| Texas | Tex. Health & Safety Code Ann. § 437.0191 | Non-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 year | Direct to consumer from producer’s home and at farmers’ markets, farm stands or municipal, county, or nonprofit fairs, festivals or events. | No | Must complete a basic food safety education or training program for food handlers. |
| Utah | Utah Code Ann. § 4-5-501 | Non-potentially hazardous baked goods, jams, jellies, and other non-potentially hazardous foods produced in a home kitchen. | None | Within the state | No, unless complaint received | Registration and valid food handlers permit and substantive requirements. |
| Vermont | Vt. Stat. Ann. tit. 18, § 4358 | Baked goods such as bread, cakes, pies, and other foods made either wholly or in part from flour. | $6,500 average per year | From the home only, direct to consumer only. Cannot sell to restaurants, inns or hotels, or church, fraternal or charitable food sales. | Not specified | Substantive requirements |
| Virginia | Va. Code Ann. § 3.2-5130; Va. Code 3.2-5101 | Candies, 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. | No | None |
| Washington | Wash. 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 inflation | Direct to consumer | Yes | Permit with substantive requirements. |
| West Virginia | W. Va. Code St. R. § 64-102-2 | Nondietary 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. | None | Direct to consumer and religious or charitable organizations’ bake sales. | No | Registration with local health department. |
| Wisconsin (also see below) | Wis. Stat. Ann. § 97.29; 97.30 | Pickles and other processed vegetables or fruits (like jams and jellies) with pH under 4.6. | $5,000 per year | Direct to consumer only at farmers’ markets and other community events. | Not specified | Registration with local health department. |
| Wisconsin | Judge’s ruling | Not-potentially hazardous baked goods | None | Direct to consumer sales from any venue. | N/a | N/a |
| Wyoming | Wyo. Stat. Ann. § 11-49-103 | Non-potentially hazardous foods. | None | Farmers’ markets, roadside stands, home, and at functions including those operated by nonprofit, charitable, or religious organizations. | Not specified | None |
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.”