How to Check Your State's Cottage Food Laws

On this page

1. Find your state, then read the actual rule
2. Three states, three different answers
3. When your state is not on the list
4. Check your state in six steps

If you are still working out the bigger picture, read license to sell baked goods from home alongside this guide, because a cottage food exemption is only one of the ways a state handles home baking. This page is narrower and more useful: how to find your own state’s rule, read it properly, and know what you are allowed to do before money changes hands.

Find your state, then read the actual rule

The National Agricultural Law Center keeps a compilation of the statutes and regulations for each state that has a cottage food or home based food production law. You click your state’s image on the map and it takes you to that state’s laws and regulations. Treat it as your index rather than your final answer. Open the statute or regulation it points to and read the parts about which foods are allowed and whether your kitchen needs an inspection.

Three states, three different answers

Florida is a good example of how open a state can be. Florida law allows people to use their unlicensed home kitchens to produce for sale certain foods that present a low risk of foodborne illness. Florida cottage food operators can also serve free samples for tasting, but the samples must be prepackaged. You can read more in our guide to Florida cottage food laws.

Virginia shows the other side of the same question. Food establishments, including private homes, that manufacture, process, pack, or hold food for sale are subject to the Virginia Food and Drink Law and its related regulations. There is an exemption in section 3.2-5130 of the Code of Virginia for certain low risk foods, acidified vegetables, and honey made in a private home without a VDACS inspection, but it comes with restrictions, so read the fine print before you assume you qualify.

Georgia handles it through a different office again. The Georgia Department of Agriculture’s Retail Food section regulates cottage food producers, also known as home kitchen food. The name on the door matters, because the office named in the rule is the one that will answer your questions.

When your state is not on the list

Many states do not allow home food manufacturing at all, because it can be dangerous if done improperly or in an unsanitary manner, and foodborne illness can result. If your state does not appear in the compilation, do not guess and do not take orders on hope. Call your state agriculture or health department and ask directly. For a look at how one state writes its exemption into law, read New York State cottage food laws.

Check your state in six steps

1. 1

   Open the map

   Go to the National Agricultural Law Center compilation and click your state’s image to reach its cottage food laws and regulations.

2. 2

   Read the law, not a summary

   Open the statute or regulation itself and read the sections on allowed foods and inspection.

3. 3

   Find the agency

   Note which department is named in the rule, then open that department’s own page for your state.

4. 4

   Match your bakes to the allowed list

   Write down each thing you plan to sell and check it against the foods your state allows from a home kitchen.

5. 5

   Confirm inspection and exemption

   Check whether your kitchen needs an inspection or qualifies for an exemption, and what that exemption requires of you.

6. 6

   Write it down with the date

   Keep a one page note of what you found and the day you found it, so you can point back to it later.

Brevl works on a computer and on a phone, so you can answer a message from the school pickup line and sort your week later at the kitchen table. Recipes with real costing, ingredient inventory, and a weekly planner help you price a bake and plan the batch. We set it up with you and move your old shop over, and a real person answers, usually within minutes.

• License to sell baked goods from home
• Florida cottage food laws
• New York State cottage food laws

Common questions

Do I need a license to sell baked goods from my home?

It depends on your state and on the food. Florida law allows certain low risk foods to be produced for sale in an unlicensed home kitchen. Virginia applies its Food and Drink Law to food establishments that include private homes, with an exemption in section 3.2-5130 for certain low risk foods, acidified vegetables, and honey made without a VDACS inspection, subject to restrictions.

Where do I find my state's cottage food law?

Start with the National Agricultural Law Center compilation, which lists the statutes and regulations for each state that has a cottage food or home based food production law. Click your state's image on the map, then confirm the details with your state agriculture or health department.

What if my state is not in the compilation?

Many states do not allow home food manufacturing at all, because it can be dangerous if done improperly or in an unsanitary manner, and foodborne illness can result. Call your state agriculture or health department and ask before you bake for sale.

Can I hand out samples at a market?

It depends on your state. Florida cottage food operators can serve free samples for tasting, but the samples must be prepackaged. Check your own state's rule on samples before you set up a table.

Which department handles cottage food in my state?

It varies. In Georgia, the Department of Agriculture's Retail Food section regulates cottage food producers, also known as home kitchen food. The compilation will point you to the statute or regulation for your state, and the agency named there is the one to contact.

Sources

1. National Agricultural Law Center, State Cottage Food Laws compilation
2. Florida Department of Agriculture and Consumer Services, Cottage Foods
3. Georgia Department of Agriculture, Cottage Food
4. Virginia Department of Agriculture and Consumer Services, Dairy, Kitchen and Food Services Businesses
5. Code of Virginia section 3.2-5130, kitchen bill FAQ
6. New Hampshire Department of Health and Human Services, Homestead Food Operations

This is general information for home bakers, not legal advice. Cottage food rules differ by state and change over time. Confirm the current rule with your own state agriculture or health department before you sell.