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 © 2024 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 | AS 17.20.332 | Most homemade foods except meat and seafood. Potentially hazardous food can only be sold by the producer. | Non | Farm, farmers markets, ag fairs, producer’s home, and 3rd party retail, etc. under certain circumstances. | No | Must post sign that food was made in a home kitchen; separate from inspected foods in retail settings. |
| Arizona | Ariz. Rev. Stat. Ann. § 36-931 | 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 | 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. | Registration with the Dept of Ag required | Producers must meet online sales notification requirements, complete a food handler’s training course, and only the producer or his/her agent can sell the products, among other requirements. |
| 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. | $250,000 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 | Maine Food Code, title 22, Chapter 562; Sec. 5. 7 MRSA §282 (The Maine Food Sovereignty Act) | Shelf stable foods are allowed under state law, but the Food Sovereignty Act allows local governments to permit the sale of almost any homemade food. | None | "Direct to consumer at the farm, roadside stands, farmers' markets, community events, CSAs and more. The Food Sovereignty Act does not permit sales at restaurants and other retailers. If permitted by local government, food producers may process or prepare meals for sale in their home kitchens. | Yes, unless a local government ordinance does not require it. | License required unless a local government ordinance does not require it. There are sanitation requirements to meet and canned foods must be reviewed by state. 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 | Minnesota Statutes 2024, section 28A.152 | Non-potentially hazardous foods, pickles, and vegetables or fruits with a pH of 4.6 or lower. | $78,000 annually, which must be adjusted every two years for inflation | Community or social events, farmers’ markets, online or from the home. Also, delivery is now allowed by mail or other commercial services. | No | Annual registration required (fee lowered from $50 to $30); food safety course to be completed every 3 years; labelling requirements. |
| 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. Chapter 585 14-19.5; Chapter 587.693, 587.6945, 587.695, 587.696, 446.020, 446.868-869, 597.7629 | 2025 revisions to the law distinguish between a Cottage Food Operation: one that produces baked goods and non-potentially hazardous shelf stable products; and a Craft Food Operation that produces acidified foods. The 2025 law also allows farm-to-fork events under certain conditions; and allows a cottage food producer to operate as a "food dispensing establishment" that serves food intended for immediate consumption. | $100,000 a year | For Cottage FO: Direct to the consumer at farms, farmers markets, etc., by mail or through a food delivery service platform. Transactions can be made via phone or the Internet. Craft FO are limited to in-person transactions and order fulfillment. | Only to investigate suspected adulterated products or a foodborne illness. | License, fee, and labelling requirements must be met. Craft food operations must also meet certain recipe, PH level, training, examination, and other requirements. No local government may adopt an ordinance prohibiting a cottage or craft food operation. |
| New Hampshire | Rev. Stat. Ann. § 143-A:12, IV; I(a) | Non-potentially hazardous foods; acidified foods, jams and jellies approved by the National Center for Home Food Preservation (or reviewed by the state); freeze dried vegetables, fruit and commercially prepared dairy products are also now allowed. | None | From the farm, farm stand, at famers market, to restaurants, retail operations and via the internet or by mail order, to wholesalers, brokers, etc. | No | A Homestead Food License is required for those selling freeze dried foods, or NPH to restaurants, other food establishments, over the internet, via mail order, to wholesalers, etc. Exemption from licensure for those selling NPH food from the farm, a farm stand, farmers market or retail stores. Labelling requirements differ according to the sales avenue and may require detailed ingredient data. |
| New Jersey | N/a | None | N/a | N/a | N/a | |
| New Mexico | N.M. Admin. Code 7.6.2.15 | Non-potentially hazardous foods. | None | 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. | 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, includng those that require refrigeration, such as baked goods containing dairy, subject to safe handling instructions (and product must be transported frozen to the customer). | None | On farm/ranch, at farmers’ markets, farm stands, over the internet or phone, through the mail, by consignment, or any other venues not otherwise prohibited by law. | No, unless complaint received | Per 2025 law, cottgage food products may be shipped out of state to customers. License not required, but labelling and customer notification requirements must be met. |
| 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 [updates effective 11/1/24] | Foods allowed include time or temp controlled foods except foods that contain seafood, meat, meat by-products, poultry and poultry products | $20,000 per year | Direct to the consumer, including online and via phone. Non -time or temp controlled food may also be sold and delivered by a 3rd party agent such as store, farmers market, parcel delivery service, etc., | The producer must obtain a registration number from the state, which can be used on labelling in place of the producer's personally identifiable info | Producers must complete a food handler’s training course. |
| 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 | TN Code § 53-1-118 | Homemade food items that do not include unpasteurized milk, alcoholic beverages, fish, shellfish, meat, or meat byproducts. The sale of poultry products allowed under two conditions: the business operates under the 1,000-poultry exemption and uses only exempted poultry products; and the business uses federally or state-inspected poultry products that bear the official inspection mark and meet all applicable exemption requirements. | 100 units per week | Allowed products can be sold by the producer or an agent of the producer in-person to end consumer. | Yes | Registration and licensing with substantive requirements. |
| Texas | Texas Health and Safety Code §437.001 and §437.0193 | Allows indviduals or non-profits to sell homemade temperature-sensitive foods, like cheesecakes, vegetarian casseroles, cut fruits and vegetables, frozen produce, and more. Exceptions include meat, poultry, seafood, low-acid canned goods, THC/CBD products, raw milk products, and ices/frozen desserts. The new law will also allow the sale of non-refrigerated homemade foods through third-party vendors for the first time, so products such as homemade baked goods, jams, pickles, dried spices and herbs, and more | $150,000 | Sales allowed direct to the consumer, including online subject to certain conditions. Only non time and temp controlled food can be sold to a "cottage food vendor" such as a wholesale food vendor, local co-ops, niche grocers, and cafes to sell on behalf of the producer. | No | Licenses are not needed but registration for sales of time and temp controlled food is required. Products must contain producer info and the following disclosure: "THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION" |
| Utah | Utah Code 4-5a-101 thru 105 (cottage food); Utah Code §26B-7-401 and §26B-7-416 (microenterprise home kitchens) | Homemade food products are allowed, except those that contain meat (except exempted poultry) or raw milk. 2025 law allows microenterprise home kitchen operators to cook and serve time and temperature-controlled ready-to-eat food within 72 hours if they maintain detailed temperature logs, prohibit on-site food consumption. Does not allow for sale of raw milk or raw milk products, shellfish, or any food that requires a Hazard Analysis and Critical Control Points plan. | None | Within the state direct to consumer sales only | No permit needed for direct to consumer sales of allowed homemade food products. Microenterprise home kitchen operators mist obtain a permit and will be inspected before operating; must have standard operating procedures and must follow specific guidelines about food preparation, storage, and handling. | Provide consumers with a notification that the kitchen may not meet all commercial food establishment 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 for most allowed foods.None for most allowed foods. Sales for pickles and other acidified vegetables capped at $9,000 annually; honey capped at 250 gallons per year. | Direct to the consumer from producer's home, at a temporary event, farmers market, and online | 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. | Direct to consumer | Direct to consumer | Yes | Biennial 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. | Direct to consumer and religious or charitable organizations’ bake sales. | 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. | 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 | Sales of non-potentially hazardous foods, including eggs and dairy products, are allowed to an end consumer by the producer or their designated agent, which may include a retail shop, grocery store, or any location agreed to by the producer and consumer. Sales of potentially hazardous food may only be made by the producer or a designated agent who facilitates the transaction. | None | Farmers markets, farms, ranches, producers' homes or offices, the retail location of the third party seller of non‑potentially hazardous foods, eggs and dairy products or any location the producer and the informed end consumer agree to. | No | Producers and retailers must inform the end consumer that the product is not licensed or inspected, and the food must be kept separate on retail shelves from food produced in a licensed facility. |
August 28, 2023
Copyright © 2010-2023 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.”