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50-State Cottage Food Guide
Fifteen states live now, more added as they’re ready.
What this is
A plain-language, state-by-state summary of cottage food law, built by NCFA’s advocacy team. Every state follows the same layout and ends with links to the statutes, rules, and agency pages it’s based on, so you can check the source yourself.
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Alabama
State law as of October 8, 2026
The Bottom Line
For ordinary shelf-stable foods such as cookies, breads, cakes, fruit pies, candy, jams, and similar foods that do not require refrigeration for safety, an Alabama producer needs an approved food-safety certificate, compliant labels, and county health department review before selling. The Alabama Cooperative Extension System cottage-food certification costs $25 and is valid for three years. There is no annual cottage-food sales cap and no routine home-kitchen inspection.
What Is Required to Get Started
Complete a food-safety course approved by the Alabama Department of Public Health (ADPH), prepare compliant product labels, and submit the Cottage Food Review Form to the local county health department with the current course certificate, sample labels, and any required product-analysis documentation. The Alabama Cooperative Extension System cottage-food course costs $25 and the certification is valid for three years; ADPH also recognizes qualifying accredited training. The county health department reviews the certificate and labels rather than routinely inspecting the home kitchen. There is no statewide cottage-food permit fee or annual sales cap, although ordinary municipal business-license requirements may apply.
What You Can Sell
Alabama allows foods made in the producer's home that do not require refrigeration or other temperature control to remain safe. The law specifically includes cakes, breads, Danish pastries, doughnuts, pastries and pies; jams, jellies and fruit preserves; candy; dried and dehydrated herbs, herb mixes, vegetables and fruits; roasted coffee; dried baking mixes; and qualifying fermented or preserved vegetables or fruits. Meat, poultry and fish are excluded. ADPH guidance adds product-level requirements: fermented or acidified foods require pH verification from a processing authority or Alabama Cooperative Extension, and freeze-dried fruits and vegetables require water-activity verification. Foods containing less than 3% alcohol may qualify; above that threshold, ADPH directs producers to the Alabama Alcoholic Beverage Control Board. The guidance does not specify whether the less-than-3% alcohol limit is calculated by volume, weight, or a finished-product test. The amount of bourbon added to the recipe is not by itself a reliable measurement of the alcohol percentage remaining after baking.
Where and How You Can Sell
Cottage foods must be sold directly to consumers within Alabama. Orders may be taken in person, by phone, or online, and the producer may deliver the food personally, use an agent to deliver it, or mail it to the Alabama consumer. Retail consignment or resale is not allowed, and permitted food establishments such as restaurants may not sell food produced in a private home.
ADPH says a producer may sell from a tent, booth, cart, van, storefront, or similar venue that is not itself permitted by the Health Department, as long as the food is made at the producer's home and sold directly to the consumer. State-sanctioned farmers markets have separate market requirements. Interstate cottage-food sales are not allowed.
Labeling Your Products
Each product label must show, in at least 10-point font, the common or usual name of the food; the name of the cottage food operation; the operation's home address or P.O. Box; ingredients in descending order of predominance; a statement that the food is not inspected by the Health Department; and a disclaimer that the food may contain allergens. ADPH says a QR code cannot replace the required label information. For a useful complete ingredient list, show the component ingredients of purchased mixes and other multi-ingredient items in parentheses; verify any specific state requirements before printing labels.
Ingredient details Alabama cottage-food labels must list ingredients in descending order and include a statement that the food is not inspected and a warning that it may contain allergens, all in at least 10-point type. Alabama’s general manufactured-food labeling guidance describes subingredients, but its cottage-food page does not expressly require them. The cottage-food-specific labeling requirements are listed above.
If Your Product Doesn’t Qualify
Foods that require refrigeration for safety, such as custard pies or cheesecakes, cannot be sold under Alabama’s cottage-food exemption. A baker who wants to sell them generally needs an approved kitchen and the appropriate state food permit. A shared commercial kitchen may provide the space, but each business must hold its own required permit.
What Stands Out
Alabama has no annual sales cap and allows in-state online ordering, delivery by an agent, and mailing, but the cottage-food lane remains strictly direct-to-consumer. The state also creates a workable bridge to commercial production: ADPH expressly allows multiple businesses to share a commercial manufacturing kitchen, while requiring each business to hold the permit appropriate to its own operation.
Helpful Links
- Alabama Department of Public Health – Cottage FoodMain state guidance and FAQs
- Alabama Cottage Food Review FormForm to submit for county health department review
- Alabama Cooperative Extension – Cottage Food Law CourseApproved training and certification
- Alabama Code § 22-20-5.1State cottage-food law
- Alabama Department of Public Health – Manufactured Food ProcessingInformation for businesses beyond cottage food
- Alabama Department of Public Health – County Health DepartmentsFind the office reviewing your materials
Alaska
State law as of October 8, 2026
The Bottom Line
Alaska does not require a state homemade-food permit, registration, food-safety course, routine kitchen inspection, or sales cap. A state business license is generally required unless an exception applies. Alaska is unusual because homemade food may be prepared in the producer's home kitchen or in a private or commercial kitchen leased by the producer, and certain foods that require refrigeration or other temperature control for safety are allowed within the exemption.
What Is Required to Get Started
There is no state homemade-food registration or permit, no required food-safety training, no routine initial inspection, and no annual sales or production-volume limit. A state business license is generally required, with exceptions determined by Alaska Business Licensing. The Alaska Department of Environmental Conservation (DEC) may investigate foodborne-illness complaints, unsafe sanitary practices, and misbranded or adulterated food. Cities, boroughs, military installations, and other local jurisdictions may impose additional requirements; the Municipality of Anchorage has its own local rules. Producers should check local requirements before selling.
What You Can Sell
Alaska allows both shelf-stable foods and certain foods that require refrigeration or other temperature control for safety under its homemade-food exemption. Shelf-stable examples include cookies, sourdough bread, fudge, jams and jellies, vinegar, and pickled vegetables. Refrigerated or otherwise temperature-controlled examples include cheesecake, pumpkin or lemon-meringue pie, hummus, fresh vegetable juice, and cold-brew coffee. Milk products themselves, seafood, shellfish, game meat, foods containing uninspected meat, animal-fat oils such as lard or tallow, and controlled substances are excluded. Meat and poultry products have additional federal-source requirements.
Using a Leased Kitchen
Alaska expressly allows homemade food to be prepared or processed in the producer's private home kitchen or in a private or commercial kitchen leased to the producer. DEC likewise states that producers may make homemade food in their own home kitchen or in a kitchen they lease. The leased-kitchen option remains part of the homemade-food exemption; it is not automatically a switch to a permitted commercial-food business.
Where and How You Can Sell
Homemade food must be sold in Alaska and may not involve interstate commerce. Online sales and in-state mailing are allowed. Potentially hazardous/TCS homemade food must be sold by the producer directly to the consumer; another person cannot sell it for the producer. Non-TCS homemade food may be sold by the producer or by an agent, including a gift shop, convenience store, grocery store, coffee shop, restaurant, food hub or similar location. That relationship is not treated as wholesale, resale or consignment, and DEC recommends a written producer-agent agreement. Homemade food may not be used as an ingredient in food sold by a permitted food establishment. Where homemade food is sold at a permitted facility, Alaska requires separation of inspected and uninspected food, including additional display, storage, signage and point-of-sale controls.
Labeling Your Products
Food packaged for individual sale must be clearly and prominently labeled with the producer's name, current address, telephone number and, if applicable, business-license number, plus Alaska's required statement: “This food was made in a home kitchen, is not regulated or inspected, except for meat and meat products, and may contain allergens.” For unpackaged food, the producer or authorized seller must provide the equivalent statutory disclosure and the producer's identifying information before the sale. Retail locations also have signage requirements.
Ingredient details Alaska’s homemade-food rule does not require an ingredient list, net weight, or a separate product-allergen declaration for individually packaged homemade food. It requires the producer’s name, current address, telephone number, business license number, and exact warning statement. Alaska’s general packaged-food guidance calls for subingredients, but that is a different labeling framework.
What Stands Out
Alaska separates the legal status of the producer from the physical kitchen more clearly than most states. The statute expressly defines homemade food to include food prepared in a private or commercial kitchen leased to the producer, so renting kitchen space does not by itself push the producer into the permitted-food-establishment system. Alaska also allows certain foods requiring temperature control while keeping tighter direct-sale rules around them.
If Your Product Doesn’t Qualify
Food or business activities that fall outside Alaska's homemade-food exemption move into the state's ordinary food-permitting system or another product-specific regulatory pathway. The Alaska Department of Environmental Conservation's Food Safety and Sanitation Program provides product-specific guidance through its “I Want to Sell...” resource and can identify whether a food permit or another exemption applies.
Helpful Links
Arizona
State law as of October 8, 2026
The Bottom Line
Arizona requires the person preparing cottage food, or directly supervising its preparation, to maintain an active accredited food-handler certificate and register with the Arizona Department of Health Services (ADHS). Registration is renewed every three years. Arizona allows both shelf-stable foods and certain foods that require refrigeration or other temperature control for safety, but all cottage food must be prepared and packaged in the registered home kitchen. There is no cottage-food sales cap in the statute or rule.
What Is Required to Get Started
Complete an accredited food-handler training course, maintain an active certificate, and register with the Arizona Department of Health Services. The application identifies the preparer, the home-kitchen address, and each cottage food being prepared, and includes an attestation that the preparer will follow the statute, rule, and department food-safety guidance. Registration must be renewed every three years, changes to submitted information must be reported within 30 days, and there is no registration fee or annual sales cap. County or municipal building, zoning, and other land-use rules may still apply. State law also allows ADHS and a local health or environmental agency to enter a delegation agreement for enforcement.
What You Can Sell
Arizona allows both shelf-stable foods and certain foods that require refrigeration or other temperature control for safety to be produced in a registered home kitchen. The program covers ordinary shelf-stable baked and confectionery products and also allows qualifying higher-risk products when the statutory and ADHS handling requirements are met. Cottage food does not include alcoholic beverages, unpasteurized milk, fish or shellfish products, marijuana products, or meat and poultry except where federal law specifically allows the source or exemption. ADHS maintains Approved Foods, Food Testing, Special Processes, and Shelf-Stable Recipes guidance for products involving acidification, fermentation, canning, dehydration, freeze-drying, or other specialized processes.
Where and How You Can Sell
Cottage food may be sold and delivered only in Arizona. Non-TCS products that do not contain dairy, meat or poultry may be sold by the preparer or an agent, including a third-party vendor, and may be delivered by the preparer, agent, vendor or third-party carrier. TCS products, and products containing meat or poultry, must be delivered in person directly to the consumer and may not be delivered by a third-party food-delivery platform. During transport, TCS food must remain at the appropriate temperature, may be transported only once, and may not be in transport for more than two hours. Third-party vendors must keep cottage foods in a separate section or display and post a sign identifying them as homemade and exempt from state licensing and inspection. Online sales are allowed, but the online offer must prominently display the required label information.
Labeling Your Products
The package must be prepared at the home and carry a clear, legible label with the registered preparer's name and registration number; all ingredients; the production date; the statement “This product was produced in a home kitchen that may come in contact with common food allergens and pet allergens and is not subject to public health inspection”; the ADHS cottage-food website information required by law; and, when applicable, the developmental-disability-facility disclosure. Packaging must be clean, sanitary, secure, appropriate for the food and temperature, fully enclose the food, and include a tamper-evident seal, which may be the label itself. The same core information must appear prominently when the product is offered online.
Ingredient details Arizona requires a complete ingredient list, including the ingredients in purchased components, as confirmed by the state cottage-food program’s labeling presentation. The label also needs the preparer’s name and registration number, production date, prescribed warning, and the department’s cottage-food website.
If Your Product Doesn’t Qualify
Arizona's cottage-food definition is tied to food prepared in the registered preparer's home kitchen, and the statute also prohibits storing cottage food or preparation equipment outside the home. A producer who wants to manufacture outside that framework, including in a commercial kitchen, moves into Arizona's ordinary regulated food-business system. The applicable permit and regulator depend on the operation and location, so this is a separate pathway rather than a commercial-kitchen extension of the Cottage Food Program.
What Stands Out
Arizona's modern cottage-food framework is broader than a shelf-stable-baked-goods program because it allows certain foods requiring temperature control, yet it remains firmly tied to a registered residential home kitchen. The sales and delivery rules then split by product risk: shelf-stable foods have broad third-party options, while TCS/meat/poultry products require in-person delivery and tighter transport controls.
Helpful Links
Arkansas
State law as of October 8, 2026
The Bottom Line
Arkansas's Food Freedom Act exempts qualifying homemade foods that do not require refrigeration or other temperature control for safety from Arkansas Department of Health (ADH) permitting and inspection. There is no state cottage-food registration, required food-safety course, or annual sales cap. The product must be processed at the producer's private residence and sold to an informed end consumer. Products requiring pH, water-activity, process-authority review, or other specialized controls take additional work; foods requiring temperature control for safety move into the permitted-food system.
What Is Required to Get Started
No Arkansas Department of Health permit, cottage-food registration, food-safety course, or routine home inspection is required for qualifying homemade food that does not require temperature control for safety. The Food Freedom Act does not impose an annual sales cap. The producer must make the qualifying food at a private residence and provide the required information so the buyer is an informed end consumer. Product-specific requirements still matter for certain acidified, fermented, canned, dried, or dehydrated foods. Arkansas law preempts counties, municipalities, and other political subdivisions from prohibiting or regulating the production and sale of qualifying homemade food or drink products.
What You Can Sell
Arkansas allows homemade food and drink made at the producer's private residence when the product does not require refrigeration or other temperature control to remain safe. This includes many baked goods, candies, dry goods, jams, and other shelf-stable products. The 2026 Arkansas Department of Health Homemade Food Production Guide provides product-specific rules for preserved, acidified, fermented, dehydrated, and similar foods. Some foods qualify only when the finished product meets specified pH or water-activity limits or when an approved recipe, process authority, or testing protocol is used. Foods requiring temperature control for safety do not qualify; examples include cream or custard pies, cheesecakes, low-acid canned foods, and many meat, poultry, seafood, and dairy products.
Where and How You Can Sell
Homemade non-TCS food may be sold directly to an informed end consumer in person, by telephone or online, and the sale may be handled by the producer, an agent, or a third-party vendor such as a retail shop or grocery store. The end consumer cannot resell the product. Delivery may be made by the producer, an agent, a third-party vendor or a third-party carrier, including mail or parcel service. Arkansas law does not categorically prohibit a sale to a consumer in another state, but the producer must comply with all applicable federal law and the law of the destination state. A restaurant may not purchase homemade food for use as an ingredient or otherwise treat it as an approved commercial food source.
Labeling Your Products
Arkansas requires the consumer to receive the producer's identifying information, the product's common name, ingredients, production date, and the required disclosure that the product was produced in a private residence exempt from state licensing and inspection and may contain allergens. The current ADH guide also provides for an Arkansas Department of Agriculture identification number as an alternative to publishing the producer's home address and telephone number. The required information may be communicated through the method allowed for the particular sale, including product labeling, point-of-sale disclosure and online presentation; the 2026 ADH guide should be followed for the exact format that applies to the product and sales method.
Ingredient details Arkansas requires ingredients in descending order, but the Food Freedom Act and state homemade-food guide do not expressly require a separate breakdown of subingredients. The required production date, producer identification, and disclosure are described above. A separate “Contains” line and net weight are not imposed by the Food Freedom Act disclosure provision.
If Your Product Doesn’t Qualify
Foods that require refrigeration or other temperature control for safety, such as cheesecakes and cream pies, are not covered by Arkansas's Food Freedom Act. To sell these products, a baker generally needs an approved commercial kitchen and the appropriate Arkansas Department of Health permit. A shared commercial kitchen may be an option, but the baker's business may still need its own permit.
What Stands Out
Arkansas combines no permit, no training requirement and no sales cap with unusually broad direct-to-end-consumer channels, including third-party retail vendors and carrier delivery. The key boundary is not the storefront but the product and buyer: the food must remain qualifying homemade shelf-stable food made at the producer's residence, and the buyer must be the informed end consumer rather than a reseller.
Helpful Links
California
State law as of October 8, 2026
The Bottom Line
California has two distinct home-kitchen pathways. A Cottage Food Operation (CFO) may make only foods on the California Department of Public Health (CDPH) Approved Cottage Food List. Class A requires local registration and self-certification and is limited to direct sales; Class B requires a local permit and initial inspection and may make direct and indirect sales. Food-handler training is required, and the 2026 gross annual sales limits are $88,878 for Class A and $177,756 for Class B.
In cities or counties that have authorized Microenterprise Home Kitchen Operations (MEHKOs), a separate local permit can allow a resident to prepare and sell a broader range of foods and meals from the home under same-day preparation, food-manager certification, inspection, meal-volume, and annually adjusted sales-limit rules. One residence cannot operate simultaneously as both a CFO and a MEHKO.
What Is Required to Get Started
Cottage Food OperationClass A operators register with the local environmental health agency and submit the required self-certification checklist. Class B operators obtain a local permit and undergo an initial inspection; except in specified circumstances, a Class B CFO is not subject to more than one routine inspection per year. Anyone who prepares or packages cottage food must complete approved food-handler training within three months of registration or permitting and repeat the training every three years. Registrations and permits renew annually. Fees are set locally, so California has no single statewide CFO fee.
Microenterprise Home Kitchen OperationThis pathway is available only where a city or county has adopted an ordinance or resolution authorizing MEHKOs. The operator applies to the local environmental health agency, obtains an inspection, and completes approved food-manager certification. Producers should first check the CDPH local-agency resources to determine whether MEHKOs are authorized where they live.
What You Can Sell
Cottage Food OperationCalifornia allows only foods that do not require refrigeration or other temperature control for safety and that appear on CDPH's Approved Cottage Food List. Current categories include baked goods without cream, custard, or meat fillings; candy and confections; qualifying extracts; dried, dehydrated, and freeze-dried foods; qualifying frostings and icings; honey; qualifying fruit butters, jams and jellies; nuts and nut butters; powdered drink mixes; vinegars; and mustards. The list includes fruit pies but not pumpkin pie. Foods outside the list are not automatically allowed even if they appear shelf-stable.
Microenterprise Home Kitchen OperationWhere locally authorized, a MEHKO may prepare a broader range of foods and meals, including foods that would not qualify as cottage food. Food must be prepared, cooked, and served the same day, and the program has limits on meals, employees, processes, and annual sales.
Where and How You Can Sell
Cottage Food OperationClass A may make direct sales throughout California. Class B may make both direct sales and indirect sales through permitted third-party retailers such as restaurants and food markets. Direct sales include phone, internet, and other digital transactions and may be fulfilled in person, by mail, or through a third-party delivery service. Class B indirect sales may likewise be fulfilled in person, by mail, or by third-party delivery. CFO sales remain within California.
Microenterprise Home Kitchen OperationMEHKO sales must be direct to the consumer. Food may be consumed at the home, picked up by the customer, or delivered within a safe time period. An authorized internet food-service intermediary may facilitate advertising and payment. MEHKO availability and local operating rules depend on the city or county.
Labeling Your Products
Cottage Food OperationLabels must include the common or descriptive product name; the CFO name, city, and ZIP code, with the street address also required if the CFO is not listed in a current telephone directory; the words “Made in a Home Kitchen” or “Repackaged in a Home Kitchen,” as applicable, in 12-point type on the principal display panel; the registration or permit number and issuing county; ingredients in descending order of predominance; net quantity in U.S. customary and metric units; and required major-allergen declarations. Advertisements, including websites and social media, must also identify the county of approval, registration or permit number, and the applicable home-kitchen statement.
MEHKOs operate under a separate retail-food framework rather than the CFO packaged-food labeling rules. Their permit and consumer-disclosure requirements are administered by the local environmental health agency.
Ingredient details California cottage-food labels must meet the state’s detailed labeling standards, including ingredients and component ingredients, allergen identification, net quantity, the home-kitchen statement, the registration or permit number, and the issuing county. The state’s published label example shows subingredients in parentheses.
If Your Product Doesn’t Qualify
If a product or business model fits neither the Cottage Food Operation nor, where locally available, the Microenterprise Home Kitchen Operation pathway, the producer moves into California's ordinary regulated food-business system. Depending on the operation, that may mean a retail food permit through the local environmental health authority or a Processed Food Registration through the California Department of Public Health. Moving production to a commercial kitchen leaves the CFO framework rather than expanding the CFO's approved production area.
What Stands Out
Cottage Food Operations use Class A and Class B registration/permit tiers and an approved-food list, while locally authorized Microenterprise Home Kitchen Operations can prepare a broader range of same-day foods and meals under a separate permit. CFO fees and enforcement are local, one county's CFO registration or permit is sufficient for statewide CFO sales, and the state publishes annually adjusted sales limits.
Helpful Links
- CDPH – Cottage Food Operations
- California Homemade Food Act – AB 1616
- AB 1144 Cottage Food Law Update – Effective 1/1/2022
- CDPH – Cottage Food Operation Requirements
- CDPH – Approved Cottage Food List
- CDPH – Cottage Food Labeling Requirements
- CDPH – Sanitation Requirements
- CDPH – Cottage Food Operator Training
- CDPH – 2026 Adjusted Gross Annual Sales Limit
- CDPH – Local Environmental Health Departments
- California Department of Public Health – Microenterprise Home Kitchen Operations
- California Retail Food Code – Cottage Food Operations and Microenterprise Home Kitchen Operations
Florida
State law as of October 8, 2026
The Bottom Line
Florida allows qualifying foods that do not require refrigeration or other temperature control to remain safe to be made or packaged in the operator’s home and sold directly to customers. No cottage-food permit, registration, food-safety course, or routine inspection is required. Annual gross cottage-food sales are capped at $250,000.
What Is Required to Get Started
Florida does not require a cottage-food permit or registration, a cottage-food startup fee, or a state-mandated food-safety course. There is no routine inspection program; The Florida Department of Agriculture and Consumer Services (FDACS) may inspect the premises only after receiving a complaint alleging a violation. Gross annual cottage-food sales may not exceed $250,000, and the operator must provide documentation of annual sales to the department upon request. Cottage food must be stored on the premises of the cottage food operation. The exemption does not remove generally applicable tax or home-based-business requirements.
What You Can Sell
Florida cottage food is limited to food that does not require refrigeration or other temperature control to remain safe. FDACS examples include loaf breads, rolls and biscuits; cakes, pastries and cookies; candies and confections; honey; jams, jellies and preserves; fruit pies and dried fruits; dry herbs, seasonings and mixtures; homemade pasta; cereals, trail mixes and granola; coated or uncoated nuts; vinegars; and popcorn. Cottage food must be produced or packaged at the operator's residence.
Where and How You Can Sell
You may sell directly to customers in person, online, or by mail order and accept online payment. You may deliver orders yourself, deliver to an event venue, or ship by United States Postal Service or commercial carrier. Florida law does not expressly restrict these shipping methods to in-state orders, but selling across state lines also raises federal and destination-state requirements. Do not assume that Florida’s cottage-food exemption alone authorizes a sale into another state. Wholesale sales are prohibited.
Florida generally prevents local governments from separately regulating qualifying cottage-food operations, although ordinary home-business rules still apply.
Labeling Your Products
Package and label each product before sale. Include your business name and address, product name, ingredients in descending order by weight, net weight or volume, and required major-food-allergen information. List the ingredients within purchased ingredients such as enriched flour, chocolate chips, or baking mixes in parentheses. Florida’s statute does not expressly say ‘subingredients,’ but state food-labeling guidance and University of Florida cottage-food examples support this approach. Nutrition information is needed if you make a nutritional claim. Print this statement in contrasting type at least 10 points high: “Made in a cottage food operation that is not subject to Florida's food safety regulations.”
Ingredient details Florida requires an ingredient list in descending order by weight and major-allergen information. Florida’s general food-labeling guidance calls for subingredients, and university cottage-food label examples show them in parentheses. Ingredient declarations may include the component ingredients of purchased ingredients.
If Your Product Doesn’t Qualify
Foods that need refrigeration or other temperature control for safety, such as cheesecake, cream pies, and many pumpkin pies, are not covered by Florida’s cottage-food exemption. To sell these foods, a baker generally needs an approved kitchen and the appropriate food permit.
What Stands Out
Florida combines a $250,000 annual sales cap with no cottage-food permit or mandatory training. Online orders and carrier shipping are expressly allowed, although interstate sales require separate attention to federal and destination-state rules. Wholesale is prohibited.
Helpful Links
- Florida Department of Agriculture and Consumer Services (FDACS) – Cottage FoodsMain state guidance, FAQs, labeling information, and resources
- Florida Statutes § 500.80 – Cottage Food OperationsThe law governing products, sales, labeling, and the exemption
- Florida Statutes § 500.03 – DefinitionsTerms used in Florida food law
- Florida Department of Agriculture and Consumer Services – Food EstablishmentsPermits and guidance for food businesses outside cottage food
- FDACS – Retail Food Establishment PermitRequirements for permitted retail food operations
Georgia
State law as of October 8, 2026
The Bottom Line
Georgia allows shelf-stable foods such as breads, cookies, cakes, fruit pies, candy, and jams to be made in a home kitchen and sold without a state cottage-food license or routine inspection. Food-safety training is required, but there is no annual sales cap. Producers may sell directly to customers, including through online and mail orders, and may also supply retail establishments such as grocery stores and restaurants.
What Is Required to Get Started
A Georgia home baker must complete a food-safety course accredited by the American National Standards Institute (ANSI). The Georgia Department of Agriculture (GDA) accepts Food Handler-level training; a more advanced food-manager course is not necessary for cottage-food production. The food must be prepared at home using the department’s hygiene, storage, and labeling requirements. A producer using a private well or another nonpublic water supply must have the water tested annually for coliform bacteria and nitrates and follow GDA’s nonpublic-water testing guidance.
Georgia removed its cottage-food licensing requirement on July 1, 2025, so there is no state cottage-food application, renewal fee, or routine licensing inspection. GDA may still investigate a consumer complaint or foodborne illness. Producers who prefer not to put their home address on labels may request a GDA identification number to use in its place.
Georgia is updating its cottage-food regulations to reflect the 2025 law. Until the new rules take effect, producers should follow existing regulations except where they conflict with the updated law, including the former licensing requirement and restrictions on retail sales.
What You Can Sell
Georgia’s cottage-food program covers foods that do not need refrigeration or other temperature control to remain safe. For a home baker, this includes qualifying loaf breads, rolls, biscuits, cookies, pastries, cakes, and fruit pies. Other examples include candies, jams and jellies, dried fruits, granola, dry mixes, popcorn, and coated or uncoated nuts.
The finished product matters. A cake with a shelf-stable filling may qualify, while a cream pie, custard dessert, or cheesecake that needs refrigeration for safety does not. GDA’s product guidance provides additional detail on allowable foods and processing requirements.
Where and How You Can Sell
Georgia producers may sell directly to customers from home, at markets and events, and through online and mail orders within the state. The 2025 law also opened sales to retail food establishments, including grocery stores and restaurants. This gives a baker an opportunity to reach customers through another business while continuing to produce qualifying food at home.
A retail seller must keep cottage foods separate from other foods and provide the required notice that they are homemade and exempt from state inspection. Counties and cities may adopt ordinances prohibiting sales through third-party vendors within their jurisdiction. Interstate sales require separate compliance with federal requirements and the destination state’s rules.
Labeling Your Products
Georgia’s home-production disclosure requires the business name, address, and telephone number, with a GDA identification number available instead of the address. The required statement, in at least 10-point type, is: “This product was produced at a residential property that is exempt from state inspection. This product may contain allergens.”
For prepackaged foods, the current cottage-food regulation also calls for the food’s name, net weight or volume, ingredients in descending order by weight, and major allergens. Bulk sales require ingredient and allergen information to be available at the point of sale, while custom cakes have simpler labeling requirements. A nutrition claim requires the appropriate nutrition information. GDA’s cottage-food guidance calls for purchased ingredients, such as chocolate chips or baking mixes, to be broken down into their component ingredients.
If Your Product Doesn’t Qualify
A baker who wants to sell cheesecake, cream pie, or another food outside the cottage-food program generally needs an approved facility and the appropriate food-sales or food-processing license. A shared commercial kitchen may provide the production space, but the business still needs its own required authorization.
What Stands Out
Georgia’s retail-sales option gives a home baker a way to expand beyond personally finding and serving every customer. The producer can supply qualifying foods to a grocery store or restaurant without first becoming a licensed commercial bakery. That opportunity comes with separate retail-display requirements and may be affected by a local ordinance restricting third-party sales. The absence of a sales cap also leaves room for growth within the cottage-food framework.
Helpful Links
- Georgia Department of Agriculture – Cottage Food
- Georgia Rule 40-7-19 – Cottage Food Regulations
- Georgia HB 398 signed lawCurrent home-production and retail-sales framework
- GDA HB 398 FAQChanges to licensing and retail sales
- GDA identification-number requestHome-address alternative for labels
- GDA private-water testing guidanceRequirements for nonpublic supplies
Iowa
State law as of October 8, 2026
The Bottom Line
Iowa allows qualifying shelf-stable foods to be made in a private residence and sold directly to consumers without a food license, registration, inspection, required training, or sales cap. Its second pathway, a licensed Home Food Processing Establishment, allows a broader selection of foods and sales through other businesses. The license costs $50 a year and has an annual sales limit.
What Is Required to Get Started
Cottage FoodNo license, registration, fee, food-safety class, or routine inspection is required. Prepare the food in a private residence. If it is not obvious that a product is shelf-stable, be prepared to document that it does not need temperature control for safety.
Home Food Processing EstablishmentApply through the Iowa Department of Inspections, Appeals, and Licensing at least 30 days before opening. List the foods you will produce and update the list when it changes. The license costs $50 annually, expires one year after approval, and requires food-safety training for at least one person in charge. The establishment is subject to inspection and home-kitchen sanitation and recordkeeping rules. Annual gross sales must not exceed $50,000.
What You Can Sell
Cottage FoodMake foods that do not require refrigeration or other temperature control to remain safe, including qualifying breads, cookies, cakes, brownies, candy, granola, and dry mixes. Certain home-canned pickles, vegetables, and fruits also qualify if each batch meets the required acidity or water-activity limits, is measured, and has records available. Regulated dairy, meat, poultry, and unpasteurized juices are excluded.
Home Food Processing EstablishmentThis licensed option covers additional homemade foods, including certain foods that need refrigeration for safety, subject to the state’s approved processes and food-safety rules. Some processes, including low-acid canning, curing, and smoking food for preservation, remain prohibited. Products must be listed on the license.
Where and How You Can Sell
Cottage FoodSell directly to customers from home, at farmers markets, by telephone, or over the internet. The law allows orders and direct delivery by the producer, mail delivery, or delivery by an agent such as an employee. You may also sell at a producer-operated temporary food establishment associated with an event lasting no more than 14 consecutive days. That event category is not the same as a permanent roadside or porch stand.
Cottage food may not be wholesaled or stocked for resale by ordinary grocery stores or restaurants. Iowa’s rules do not expressly settle interstate shipments; out-of-state sales also depend on federal requirements and the destination state’s laws.
Home Food Processing EstablishmentLicensed operators may sell directly to customers and through other businesses, including retailers. The state’s food-safety and labeling requirements continue to apply to these products.
Labeling Your Products
Cottage FoodLabels must include the preparer’s name and at least one contact method: address, telephone number, or email address; the food’s common name; ingredients in descending order of predominance; the statement “This product was produced at a residential property that is exempt from state licensing and inspection.”; and a separate statement naming each major food allergen present. Qualifying home-canned pickles, vegetables, and fruits must also show the processing and canning date. The cottage-food rule does not expressly use the term “subingredients”; its ingredient-list requirement should not be confused with the more explicit licensed-establishment rule.
Home Food Processing EstablishmentShow the establishment’s name or license number (include the license number if the displayed business name differs from the licensed name), food name, ingredients including subingredients in descending order by weight, net quantity, allergens, and the statement “This product was produced at a home food processing establishment.” Refrigerated ready-to-eat foods requiring temperature control also need a food-safety expiration date, generally no later than seven days from preparation unless a longer period is validated.
If Your Product Doesn’t Qualify
Want to make refrigerated pies or other foods that do not qualify as Cottage Food? Iowa’s licensed Home Food Processing Establishment is the first home-based option to examine. Foods or processes outside that license require a different approved food-production arrangement.
What Stands Out
Iowa combines broad direct-sales options for unlicensed Cottage Food with a $50 licensed home-production option that can reach retailers. Cottage Food allows internet orders and mail delivery, while the licensed pathway brings training, inspection, product listing, and a $50,000 annual sales ceiling.
Helpful Links
- Iowa Cottage Food guidanceMain state page with eligibility, labeling, and sample resources.
- Cottage Food and Farmers Markets fact sheetPractical state explanation of sales and labeling.
- Home Food Processing EstablishmentsState licensing instructions, fees, and application resources.
- Iowa Home Food Processing rulesDetailed requirements for licensed home processors.
- Iowa Cottage Food ruleOfficial administrative rules; see Rule 481-30.13.
Maryland
State law as of October 8, 2026
The Bottom Line
Maryland allows qualifying breads, cookies, cakes, fruit pies, and other shelf-stable foods to be made at home and sold directly to customers without a cottage-food permit, required food-safety course, or routine inspection. Annual gross sales are limited to $100,000. Producers who want to sell through grocery stores or food cooperatives have an additional cottage-food option requiring approved food-safety training and written clearance from the Maryland Department of Health (MDH).
What Is Required to Get Started
For direct sales, a Maryland producer can begin without a state cottage-food application, fee, or required course. The food must qualify for the exemption, be prepared at home, and be packaged and labeled correctly. Applicable county and municipal business and zoning requirements still apply. The annual gross-sales limit increased to $100,000 on October 1, 2026, and producers need to keep track of sales against that limit.
Retail-store sales require an additional step before products reach the store. The owner must have completed an MDH-approved, ANSI-accredited food-safety course within the preceding three years and submit the course certificate and proposed labels through MDH’s identification-number and retail-sales request process. MDH provides written clearance after the requirements are met; this review does not turn the business into a licensed commercial food processor. An MDH identification number is also available as an alternative to the home address on qualifying labels. There is no routine preopening home inspection, although MDH may investigate complaints.
What You Can Sell
Maryland covers foods that do not need refrigeration or other temperature control to remain safe. Common examples include qualifying breads, cookies, brownies, cakes, muffins, fruit pies, candies, and certain jams, jellies, and preserves. Cream pies, custard pies, cheesecake, and other desserts requiring refrigeration for safety fall outside the cottage-food exemption.
Some recipes need laboratory testing before they qualify. MDH identifies certain frostings and glazes, moist banana, pumpkin, or zucchini breads, and baked goods with alcohol added after baking as examples. Buttercream and royal icing made with water or perishable ingredients need testing to show that the finished recipe is safe at room temperature. Changing the recipe or ingredients means having the icing tested again. For these products, eligibility depends on the recipe and finished food rather than the name of the baked good alone.
Where and How You Can Sell
Direct sales may take place from the producer’s home, at farmers markets, bake sales, and public events, or through personal delivery and mail orders within Maryland. A baker may advertise, take orders, and accept payment online, with customers receiving their purchases through an allowed in-state arrangement. Interstate cottage-food sales are prohibited.
After receiving written MDH clearance, producers may supply grocery stores, food cooperatives, and other qualifying licensed retail food stores. Products must remain in their original packaging. This option does not extend to restaurants or coffee shops, and it does not authorize general wholesale distribution. Cottage foods may also be sampled at markets and events if the samples are prepared and individually packaged at home, with a properly labeled product available for customers to review.
Labeling Your Products
Maryland labels must identify the product and business; provide the business address, or the business telephone number and approved MDH identification number; list ingredients and subingredients in descending order by weight; and show net quantity and major food allergens. The required statement, in contrasting type at least 10 points high, is: “Made by a cottage food business that is not subject to Maryland’s food safety regulations.”
Subingredients are the ingredients within a purchased component. A baker using enriched flour, chocolate chips, or a baking mix must list those component ingredients, rather than naming only the purchased item. Products sold through retail stores also need the business telephone number, email address, and date made. Nutrition claims trigger additional federal nutrition-labeling requirements. MDH provides separate label examples for direct and retail-store sales.
MDH allows the required information to be divided between two labels on the same package. Its examples place the product and business information, net weight, and required disclosure on the front, with ingredients, subingredients, and allergens on the back.
If Your Product Doesn’t Qualify
A baker who wants to sell cheesecake, custard pie, or another excluded food generally needs an approved kitchen and the appropriate food-processing or retail food-service license. A shared commercial kitchen may be an option, with the business holding its own required license. Maryland also has a separate on-farm home-processing pathway for eligible agricultural businesses.
What Stands Out
Maryland lets a producer move from direct sales into grocery stores without leaving cottage-food status, provided the training and label-review requirements are met. That is a useful middle step for a baker who wants a wider customer base but is not ready to operate a commercial bakery. In-state mailing adds another way to reach customers, and the identification-number option provides an alternative to publishing a home address. Detailed subingredient labeling remains important in either sales route.
Helpful Links
Michigan
State law as of October 8, 2026
The Bottom Line
Michigan allows qualifying shelf-stable foods to be made in the producer’s primary residence and sold directly to customers without a food license, required registration, food-safety course, or routine inspection. MDARD currently lists annual gross-sales limits of $50,000, or $75,000 for operations selling products priced at $250 or more per unit. Internet and mail orders and third-party delivery are allowed when customers have an opportunity to interact directly with the producer before buying.
What Is Required to Get Started
A Michigan cottage-food business does not need an application or approval from the Michigan Department of Agriculture and Rural Development (MDARD) before beginning. The producer must prepare, package, label, and store the food at the primary domestic residence and follow the state’s food-handling and labeling requirements. Applicable local zoning and ordinary business requirements still apply. MDARD may investigate complaints even though routine inspection is not part of the exemption.
Sales records are important because the exemption has an annual gross-sales ceiling. MDARD currently lists $50,000, with a $75,000 limit for operations selling products priced at $250 or more per unit. MDARD may adjust these limits annually for inflation beginning October 1, 2026. Renting a commercial kitchen does not preserve this exemption: Michigan cottage-food production and storage must remain at the producer’s primary residence.
What You Can Sell
Michigan allows foods that do not need refrigeration or other temperature control to remain safe. Examples include qualifying breads, cookies, brownies, cakes, cooked fruit pies, candy, granola, and fruit jams and jellies. MDARD also allows pumpkin and zucchini quick breads and breads with shredded hard cheese incorporated into the dough before baking. Breads with soft cheese, large chunks of cheese, or added fresh or frozen vegetables do not qualify.
Cream and custard pies, cheesecake, meat-containing foods, and other products needing temperature control for safety do not qualify. Frosting needs particular attention: commercially prepared shelf-stable frosting is allowed, and homemade buttercream must follow one of the two approved recipes linked in MDARD’s food list, with only the permitted coloring or flavoring changes. Cream cheese frosting is not allowed. Pickles, salsa, fruit butters, and low-sugar or no-sugar jams and jellies are also excluded.
Where and How You Can Sell
Cottage foods must be sold directly to the customer rather than supplied to another business for ordinary resale. Farmers markets, craft shows, roadside stands, and other eligible direct-sale locations provide ways to reach customers. Grocery stores and restaurants cannot stock cottage foods for resale under this exemption.
Michigan’s 2026 update also allows internet and mail orders and delivery through third-party food-delivery platforms, provided the customer has an opportunity to interact directly with the producer before buying. Sales and deliveries must stay within Michigan. A farm stop or retail market cannot serve as a pickup point by holding presold cottage foods for customers; third-party delivery does not authorize retail storage or consignment sales.
Labeling Your Products
Labels must include the product name, producer’s name and physical home-kitchen address, ingredients and subingredients in descending order by weight, net weight or volume with its metric equivalent, and major food allergens. Voluntary registration through the MSU Product Center allows a registration number and telephone number to replace the full home address; this is an optional label-privacy program rather than a requirement to begin selling.
The required disclosure is: “Made in a home kitchen that has not been inspected by the Michigan Department of Agriculture & Rural Development”. It must appear in contrasting type equivalent to at least 11 points. Purchased components such as baking mixes and chocolate chips need their own ingredients listed. For specialty cakes that cannot easily be packaged, the required information may appear on the invoice delivered with the cake.
If Your Product Doesn’t Qualify
A baker who wants to sell refrigerated desserts, supply stores or restaurants, or produce food in a rented commercial kitchen needs the appropriate food-establishment or food-processing license. Michigan’s licensed food-processor guidance explains the next option. A shared kitchen may provide space for that licensed business, but it does not replace the business’s own license.
What Stands Out
Michigan ties its higher $75,000 sales ceiling to products priced at $250 or more per unit, rather than requiring a separate license for higher-priced products. Producers may also use online orders and third-party delivery while keeping the direct relationship with their customers. Optional registration through the MSU Product Center provides another useful choice: keeping a home address off product labels without changing cottage-food status.
Helpful Links
- Michigan Department of Agriculture and Rural Development – Cottage Food
- Getting Started and FAQ
- Selling and Samples
- Michigan Food Law, Act 92 of 2000
- MDARD – Cottage Food Labeling
- MDARD What Can I MakeEligible and excluded cottage foods
- MDARD Become a Licensed Food ProcessorMoving beyond cottage food
- MDARD Cottage Food One-PagerQuick overview of requirements
Minnesota
State law as of October 8, 2026
The Bottom Line
Minnesota requires every cottage food producer to register annually with the Minnesota Department of Agriculture (MDA) and complete the training required for the producer's current sales tier. Through July 31, 2027, registration is free for annual sales of $7,665 or less and costs $50 for annual sales of $7,666 through $78,000. The annual sales cap is $78,000. Cottage food intended for people cannot currently be mailed or sent by commercial delivery; the producer or employee must be physically present for delivery. Minnesota expressly allows cottage food to be produced and stored in either a home kitchen or a commercial kitchen, subject to local ordinances.
What Is Required to Get Started
Register with the Minnesota Department of Agriculture each year before selling. Registration expires March 31. Through July 31, 2027, Tier 1 covers gross annual sales of $7,665 or less, has no registration fee, and requires the department's free online cottage-food training and exam each year. Tier 2 covers sales from $7,666 through $78,000, has a $50 registration fee, and requires a commissioner-approved safe-food-handling course every three years. There is no routine pre-opening home-kitchen inspection under the exemption, but the department may investigate complaints or suspected violations. Local business-licensing, sanitation, public-health, and zoning ordinances may still apply.
What You Can Sell
Minnesota allows registered cottage food producers to make foods that do not require refrigeration or other temperature control to remain safe, along with qualifying home-processed and home-canned pickles, vegetables, and fruits. The Minnesota Department of Agriculture identifies shelf-stable baked goods, certain jams and jellies, and home-canned products with a pH of 4.6 or lower or water activity of 0.85 or less. Foods that require temperature control for safety do not qualify. Cottage food may be produced and stored in a home kitchen or a commercial kitchen, provided local ordinances are followed.
Where and How You Can Sell
Current law requires direct sales to the ultimate consumer. Producers may sell from a private home where local ordinance allows, at farmers markets and community events, and over the internet. Producers may advertise and receive orders online, but cottage food must still be provided to the customer in person. The customer may pick up an order at the producer's home, at a farmers-market or community-event booth or stand, or receive it by personal delivery from the producer or employee. Cottage food cannot currently be mailed or sent by commercial delivery. Products cannot be resold through grocery stores, restaurants, or other businesses.
Labeling Your Products
The label must include the registrant's full name or registered cottage-food business name; the registration number or the address submitted with the application; the date the food was made; a list of ingredients including major food allergens for human foods; and the statement “These products are homemade and not subject to state inspection.” A clearly legible version of the same disclosure must be displayed at the point of sale and on a website used to sell cottage food. MDA states that a QR code cannot replace required label information. For packaged foods, include component ingredients of purchased mixes or other multi-ingredient products so the ingredient list is useful to consumers.
Ingredient details Minnesota requires ingredients and major allergens, but its cottage-food law and published guidance do not expressly address subingredients. Minnesota does not explicitly address component ingredients in its cottage-food guidance; producers should follow the department’s current training and labeling instructions.
If Your Product Doesn’t Qualify
Foods requiring temperature control for safety are not covered by Minnesota’s cottage-food exemption. A baker who wants to sell cheesecake, custard pie, or another excluded food needs the appropriate food license and an approved kitchen. A shared commercial kitchen may be an option; the baker’s business still needs its own license. Qualifying cottage food may itself be made in a commercial kitchen without losing cottage-food status.
Upcoming Changes
Effective August 1, 2027Minnesota will move to one registration tier with a $30 annual fee, require advanced training for all registrants, and allow cottage food to be delivered within Minnesota by mail or commercial delivery. The $78,000 statutory sales limit remains, with inflation adjustments required every two years using July 2025 as the base. The amended statute also changes who may qualify for the exemption and provides a 30-day registration-processing rule. These provisions are enacted but are not current law until August 1, 2027.
What Stands Out
Minnesota expressly separates kitchen location from cottage-food status: a registered cottage producer may make and store qualifying cottage food in a commercial kitchen and remain under the cottage-food exemption. At the same time, a producer who moves into licensed food production needs the producer's own license at a shared kitchen; the kitchen's approval does not substitute for the tenant business's license.
Helpful Links
- Minnesota Department of Agriculture – Cottage Food Law Guidance
- Minnesota Department of Agriculture – Cottage Food Producer Registration
- Minnesota Statutes § 28A.152
- Minnesota Department of Agriculture – Shared Commercial Kitchen Directory
- Minnesota Department of Agriculture – Food Licensing Liaison
Ohio
State law as of October 8, 2026
The Bottom Line
Ohio allows foods on its approved cottage food list to be made in a home kitchen and sold without a license, registration, inspection, required training, fee, or sales cap. Its second pathway, a licensed Home Bakery, allows a broader selection of baked goods, including some that require refrigeration for safety. The license costs $10 a year.
What Is Required to Get Started
Cottage FoodMake approved foods in the kitchen of your primary residence. There is no application, state registration, required training, fee, or routine home inspection. A rented commercial or shared kitchen does not qualify for this exemption.
Home BakeryApply to the Ohio Department of Agriculture for a Home Bakery license and inspection. The fee is $10 annually, with renewal by September 30. The kitchen must have cleanable floors, walls, and ceilings, no carpet in the kitchen, sanitary equipment, and a mechanical refrigerator capable of maintaining 45°F or below. If you use a private well, provide an annual negative coliform test. No pets are allowed anywhere in the home at any time. That pet restriction does not apply to unlicensed Cottage Food operations. Ohio does not require a separate food-safety class for Home Bakery licensing.
What You Can Sell
Cottage FoodOnly foods on Ohio’s approved list qualify. Examples include shelf-stable breads, cookies, brownies, cakes, fruit pies and cobblers, candies, jams and jellies, granola, popcorn, dry mixes, herbs, seasonings, roasted coffee, and dry tea blends. These foods do not need refrigeration or other temperature control to remain safe. The state list controls, even if a food seems shelf-stable.
Home BakeryLicensed home bakeries may make a wider range of baked goods, including cheesecakes, cream and custard pies, and pumpkin pies that require refrigeration for safety. This pathway does not authorize every type of prepared food.
Where and How You Can Sell
Cottage FoodSell directly from home, at farmers markets, registered farm markets, and qualifying festivals or celebrations. Packaged cottage foods may also be sold by licensed grocery stores and other retail food establishments, and by licensed restaurants or other food service operations. Restaurants may also use eligible cottage foods as ingredients where permitted under Ohio rules.
The Ohio Department of Agriculture confirmed that both Cottage Food and Home Bakery operators may advertise, accept orders and payments online, and arrange customer pickup or delivery. Cottage foods may be shipped or delivered to customers within Ohio, but not outside the state. Licensed Home Bakery products may be distributed outside Ohio, subject to requirements at the destination.
Ohio’s cottage-food rules are statewide, although county guidance may interpret them differently. General local zoning or home-business rules can still apply.
Labeling Your Products
Cottage FoodEach package must show the product name; business name and address; ingredients in descending order by weight; net quantity; major food allergens; and the statement “This product is home produced.” in type at least 10 points high. Include the component ingredients of purchased multi-ingredient items, such as enriched flour or chocolate chips, in parentheses or in the full ingredient list. Ohio’s rules incorporate federal packaged-food ingredient labeling standards.
Home BakeryLabels must identify the food, net quantity, ingredients (including component ingredients) in descending order by weight, the name and place of business of the manufacturer, packer, or distributor, and major allergens. Foods that must be kept cold need appropriate refrigeration instructions, such as “Keep Refrigerated.” The Cottage Food home-produced disclosure does not replace Home Bakery labeling requirements.
If Your Product Doesn’t Qualify
Want to sell a refrigerated pie or cheesecake? Ohio’s licensed Home Bakery pathway may cover it without requiring a separate commercial bakery. For foods that fall outside both home-production pathways, ask the Ohio Department of Agriculture about the appropriate food-processing license.
What Stands Out
Ohio’s $10 Home Bakery license is an unusually accessible way to expand beyond shelf-stable baking. The tradeoff is a home inspection and stricter household rules, including the prohibition on pets anywhere in the residence. Cottage Food has no sales cap and permits sales through stores and restaurants.
Helpful Links
- Ohio Cottage Food fact sheetState-produced overview of eligibility, selling, and labeling.
- Approved cottage-food listOfficial rule listing eligible foods.
- Ohio Cottage Food regulationsFull rules, including labeling.
- Ohio Home Bakery statuteLicensing and home-bakery legal framework.
- Ohio Home Bakery fact sheetState-produced overview of inspection and kitchen requirements.
South Dakota
State law as of October 8, 2026
The Bottom Line
South Dakota allows qualifying homemade breads, cookies, and other shelf-stable foods to be sold without a cottage-food permit, required food-safety course, or annual sales cap. Sales must take place in person, with personal delivery by the seller or someone living at the same residence. Approved training also allows a home baker to sell certain refrigerated desserts, including cheesecake and custard or cream-filled baked goods, while following safe-temperature requirements.
What Is Required to Get Started
For ordinary shelf-stable baking, South Dakota does not require a cottage-food permit, licensing fee, routine inspection, or food-safety class. The food must be prepared at the producer’s primary residence, properly labeled, and sold through an arrangement that meets the in-person sale and personal-delivery requirements. There is no general annual cottage-food sales cap.
Additional requirements apply when a producer moves beyond shelf-stable foods. Home-canned products require approved training every five years or written verification of each recipe by a qualified processing authority. For foods that require training, each person involved in production must complete it before processing or selling the food, renew it every five years, and retain the completion records. This includes the specified refrigerated baked goods, fermented foods, and frozen produce. South Dakota State University Extension offers a self-paced online course for $40 and free recipe review for home-canned products. Refrigerated and frozen products also need the required temperature controls throughout storage and sale.
What You Can Sell
South Dakota permits qualifying shelf-stable baked goods and other foods that do not need temperature control for safety. Home-canned foods must have a pH of 4.6 or lower or water activity of 0.85 or lower and meet the training or recipe-verification requirements.
With approved training, South Dakota producers may also sell certain refrigerated baked goods, including kuchen, cheesecakes, and custard or cream-filled desserts. The trained home-processing option also covers qualifying fermented foods, sauces, pesto, and frozen fruit or produce. Refrigerated products must remain at or below 41°F, and qualifying frozen produce at or below 0°F.
Where and How You Can Sell
South Dakota producers may sell from home, at farmers markets, roadside stands, and other temporary sales venues. Sales must take place in person, and the seller or someone living in the seller’s household must personally hand the food to the buyer. Personal delivery to the buyer’s location is allowed; mailing or shipping through a carrier is not.
Producers may advertise and take orders online, but the sale and handoff must still meet those in-person requirements. Grocery-store resale is not allowed under the home-processing rules.
Labeling Your Products
South Dakota labels must show the product name, producer’s name, physical production address, mailing address, telephone number, date made or processed, and ingredients. Products sold through the special refrigerated or frozen-food option also need instructions to keep them refrigerated or frozen.
Every label must carry this statement: “This product was not produced in a commercial kitchen. It has been home-processed in a kitchen that may also process common food allergens such as tree nuts, peanuts, eggs, soy, wheat, milk, fish, and crustacean shellfish.” The ingredient information should fully identify what is in the product. SDSU Extension offers help with ingredient declarations and other labeling resources.
If Your Product Doesn’t Qualify
Eligible cheesecakes and custard desserts may be made at home with approved training and temperature control. Foods or sales arrangements outside the home-processing exemption generally require a licensed food business and an approved kitchen, which may be a shared commercial kitchen.
What Stands Out
South Dakota offers a practical way for a home baker to add cheesecake and custard desserts without immediately moving into a separate commercial bakery. Training and temperature control provide the added safeguards for those products. Producers can expand their menu at home, but sales still require personal presence and handoff; mailing, carrier shipping, and grocery-store resale are not allowed.
Helpful Links
Texas
State law as of October 8, 2026
The Bottom Line
Texas allows a broad range of homemade foods. DSHS currently lists an annual gross-income limit of $150,000. Ordinary shelf-stable baking requires food-handler education and compliant labels, but no food-establishment permit, state cottage-food registration, or routine inspection. Producers who sell foods requiring refrigeration for safety must register and follow additional handling and labeling rules. Qualifying shelf-stable products may also be sold through registered cottage-food vendors.
What Is Required to Get Started
For cookies, breads, fruit pies, and other qualifying shelf-stable foods, a Texas producer must complete the food-handler education required by state law and prepare, package, and label the products at home. No food-establishment permit or routine cottage-food inspection is required. DSHS currently lists an annual gross-income limit of $150,000. The law provides for annual inflation adjustments.
Registration with the Texas Department of State Health Services (DSHS) becomes necessary when the business sells foods requiring time and temperature control for safety. A producer may also choose to register to receive an identification number for labels instead of using a home address. A separate registration applies to cottage-food vendors that buy qualifying products at wholesale and sell them directly to customers. These options were expanded by Senate Bill 541, effective September 1, 2025.
What You Can Sell
Texas permits qualifying breads, cookies, cakes, fruit pies, candy, jams, dry goods, and many other homemade foods. Registered producers may also make eligible refrigerated desserts, such as cheesecake, cream pies, and custard desserts, while following the required storage, delivery, and labeling rules. Cold foods must be stored and delivered at temperatures that keep the food at 41°F or below; hot foods must stay at 135°F or above. This gives a baker a home-based option for products that many states exclude from cottage food entirely.
The law excludes meat and poultry products, seafood, ice and ice products such as ice cream and frozen custard, low-acid canned goods, raw milk products, and foods containing cannabidiol or tetrahydrocannabinol. Certain pickled, fermented, and acidified foods have additional recipe, processing, and batch-identification requirements.
Where and How You Can Sell
Texas producers may sell directly to customers from home, at farmers markets and farm stands, and at other direct-sale locations. Internet sales require personal delivery by the operator, an employee, or a household member. The required labeling information must be available online before payment is accepted, although the home address may be omitted from that advance disclosure. The product itself must still carry the address or approved identification number. Mailing or carrier shipping does not meet this internet-sales delivery rule.
For qualifying shelf-stable products, a second route is wholesale to registered cottage-food vendors. Those vendors sell directly to Texas customers at markets, farm stands, retail stores, or food service establishments. They must display the required home-kitchen disclosure, and products need the date made. Foods requiring temperature control cannot use this vendor-wholesale route. The direct-sales arrangement described here does not authorize interstate shipping.
Labeling Your Products
Texas products must be packaged to prevent contamination. Labels identify the operation’s name, home address or DSHS registration number, food’s common name, and major food allergens. They must also carry this statement: “THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION.” For an item too large or bulky to package, the required information may appear on the invoice or receipt.
Foods requiring temperature control need the date made and this statement on the label or accompanying invoice or receipt in at least 12-point type: “SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria, keep this food refrigerated or frozen until the food is prepared for consumption.” Products sold through a registered vendor also need the date made. Specified pickled, fermented, and acidified products require additional batch identifiers.
If Your Product Doesn’t Qualify
Eligible refrigerated desserts can be made at home through registered cottage-food production. Foods outside the exemption need the appropriate food-establishment or manufacturing authorization. A shared commercial kitchen may provide production space, with the business holding its own required permit.
What Stands Out
Texas now offers two different ways to grow a home-based food business: adding eligible refrigerated products through registration, or reaching customers through registered vendors selling shelf-stable products. Those options solve different problems for a producer. The refrigerated-food route broadens the menu, while the vendor route expands the customer base without requiring the baker to handle every retail sale. Temperature-controlled foods cannot use the wholesale-vendor option.
Helpful Links
- Texas Department of State Health Services – Cottage Food Production
- Texas Senate Bill 541
- Texas Health and Safety Code, Chapter 437
- DSHS cottage-food registration guideStep-by-step application instructions
- DSHS online licensing registryCottage-food and vendor registration
- DSHS food-handler trainingEducation and training-program resources
Wyoming
State law as of October 8, 2026
The Bottom Line
Wyoming’s Food Freedom Act allows qualifying homemade foods to be sold without a state food permit, registration, required food-handler class, or routine inspection. Both shelf-stable baked goods and certain refrigerated foods may qualify, although their sales rules differ. Producers must inform customers that the food is uninspected, keep transactions within Wyoming, and stay within annual limits of $250,000 in gross revenue and 250,000 individual food or drink products.
What Is Required to Get Started
A Wyoming home producer does not need a routine food permit, registration, or mandatory food-handler course under the Food Freedom Act. Eligible homemade food is prepared in a private home kitchen. Customers must be informed that the food is not licensed, regulated, or inspected.
The law has both a revenue limit and a production limit: no more than $250,000 in annual gross revenue from food and drink products and no more than 250,000 individual products a year. A producer using a designated agent must name that agent in writing and follow the rules for the products being sold. The agent facilitates the sale without taking ownership of the food.
What You Can Sell
Wyoming permits qualifying breads, cookies, cakes, fruit pies, candies, preserves, and other shelf-stable foods. Its Food Freedom Act also covers certain foods that require refrigeration, including dairy products and refrigerated desserts. A baker’s menu is therefore not limited to the shelf-stable products found in many conventional cottage-food programs.
The sales rules become more restrictive for foods requiring temperature control. Meat, poultry, and fish have separate restrictions and federal-law limitations.
Where and How You Can Sell
Transactions must occur within Wyoming and may not involve interstate commerce. Producers may sell to informed customers at farmers markets, farms, ranches, their homes or offices, or another location agreed upon with the buyer. Online orders and deliveries must fit within that in-state arrangement.
Qualifying shelf-stable foods may be sold by the producer, a designated agent, or a third-party vendor such as a grocery store or retail shop. Foods requiring temperature control generally must be sold by the producer or a designated agent, with separate exceptions for eggs and dairy products. Retail locations must follow disclosure and separation requirements. Homemade food cannot be served or used as an ingredient in a commercial food establishment, so retail placement of a packaged product is different from supplying a restaurant’s kitchen.
Labeling Your Products
For ordinary direct sales, Wyoming’s Food Freedom Act does not require a standard package label listing ingredients, net weight, and producer information. Customers must be informed before buying that the food is not licensed, regulated, or inspected.
Retail sales have additional requirements. Qualifying shelf-stable foods and dairy products sold at a grocery store or other retail location must be displayed separately from foods produced in licensed establishments and prominently labeled: “this food was made in a home kitchen, is not regulated or inspected and may contain allergens”. The retail location must also display a notice that the homemade food has not been inspected.
If Your Product Doesn’t Qualify
Eligible refrigerated desserts may still be made at home under the Food Freedom Act. Foods or sales arrangements outside the Act require the appropriate licensed or inspected operation. A shared commercial kitchen may provide space for that business.
What Stands Out
Wyoming’s Food Freedom Act reaches beyond ordinary shelf-stable baking to allow certain refrigerated desserts from a home kitchen. It also lets shelf-stable products reach customers through retail shops without requiring a licensed commercial bakery. Those are distinct opportunities: refrigerated foods generally stay with the producer or a designated agent, while shelf-stable foods have broader retail options. Both remain limited to Wyoming transactions.