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Understanding Cottage Food Laws

What is cottage food?

Cottage food refers to food products made in a home kitchen and sold directly to consumers. Every state has some version of a cottage food law that defines what you can make, how much you can sell, and where you can sell it. These laws were created to help small food entrepreneurs start businesses without the overhead of a commercial kitchen.

Why do laws vary by state?

Food safety regulation is primarily a state responsibility in the US. Each state balances public health concerns with supporting small businesses differently. Some states (like Utah and Wyoming) have “food freedom” laws with minimal restrictions, while others take a more cautious approach with permits, inspections, and revenue caps.

Common allowed products

Most states allow non-potentially-hazardous foods — items that don’t need refrigeration. This typically includes: baked goods (bread, cookies, cakes), candy, jams and jellies, honey, dried herbs, granola, and popcorn. Some states also allow pickled vegetables, fermented foods, and even certain dairy products.

What’s usually restricted?

Foods that require refrigeration are typically restricted under cottage food laws. This includes: meat and poultry (which require USDA inspection), dairy products, cream-filled pastries, and canned low-acid foods (which carry botulism risk). These products generally require a commercial kitchen and food establishment license.

Common Questions

Frequently Asked Questions

What are cottage food laws?
Cottage food laws allow individuals to make and sell certain foods from their home kitchens without needing a commercial kitchen or food establishment license. These laws vary significantly by state — some states have no revenue caps and very permissive rules, while others limit what you can sell and how much you can earn.
Do I need a license to sell food from home?
It depends on your state. Many states (like Florida, Texas, and Ohio) don't require any license or permit for cottage food sales. Others (like California, New York, and Washington) require registration or a permit. Use the checker above to see your state's specific requirements.
What's the revenue limit for cottage food in my state?
Revenue limits range from $25,000/year to $250,000/year, and some states have no cap at all. States like Florida and Colorado allow up to $250,000/year, while others like Louisiana cap at $30,000/year. Use the checker above for your state's exact limit.
Can I sell baked goods from home?
In almost every state, yes. Baked goods (breads, cookies, cakes, muffins, pies) are the most commonly allowed cottage food product. The main exceptions are cream-filled or custard-filled items, which some states restrict because they require refrigeration.
Do I need to label my homemade food products?
Yes — virtually every state requires labeling on cottage food products. At minimum, you'll typically need: your name and address, the product name, a list of ingredients (including allergens), and a disclaimer stating the product was made in a home kitchen not inspected by the state.
Can I sell cottage food online?
Some states allow online sales with in-person delivery or pickup, but most prohibit shipping cottage food products. States like Arizona, Florida, and Georgia allow online ordering with local delivery. Very few states allow shipping across state lines.
Do I need to collect sales tax on cottage food?
This varies by state and product type. Many states exempt cottage food from sales tax, while others require collection on all food sales. Some states exempt only certain categories (like unprocessed food) but tax others (like candy or prepared food). Check your state's specific rules.

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