Cottage food rules
Cottage Food Law Guidance for Home Bakers
Know what to check before you sell your bakes from home.
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What to remember
- Cottage food laws cover low-risk homemade foods such as bread, cookies, jam, and candy.
- States differ on registration, inspection, training, sales caps, allowed foods, and online selling.
- Some places require a food safety course approved by the health department.
- Some places allow most homemade foods except meat and seafood.
- Check both your state rules and your local health department.
Start with what the words mean. A cottage food operation is a home kitchen making low-risk foods for sale, and the rules around it are set by your state. If you are new to the term, cottage food law definition walks through it in plain words. Then use the state table and your own health department to fill in the local details.
What the rules usually cover
The Association of Food and Drug Officials keeps a page of state-specific cottage food laws and guidance. It covers licensing, food safety regulations, labeling, and which homemade foods are allowed.
A single table compares cottage food laws for all 50 states plus Washington, D.C. It lines up registration, inspection, training, the yearly sales cap, the allowed foods model, and online selling.
Registration, training, and sales caps
Not every place makes you register. Seventeen jurisdictions require no state registration for cottage food operations, according to a state-by-state comparison.
Other places ask for more. In some jurisdictions, you must attend and pass a food safety course approved by the health department before you sell.
The state table also shows the yearly sales cap and whether online selling is allowed. Those two items can change how you take orders, so write down the numbers for your state before you set your prices.
What you can sell and how you sell it
In some jurisdictions, most homemade foods are permitted except meat and seafood. If a food is potentially hazardous, it may only be sold by the producer. If you are sorting out what belongs on your table, cottage food law for home bakers goes through the checks.
Florida is one example of how specific the rules get. Cottage food operators there may serve free samples for tasting, but the samples must be prepackaged, and the operation must comply with all state or federal tax laws, rules, regulations, or certification requirements.
A simple way to check your own rules
Find your state cottage food page
Start with the Association of Food and Drug Officials page of state-specific cottage food laws and guidance. It covers licensing, food safety regulations, labeling, and permissible homemade foods.
Write down registration and training
Look for registration, inspection, and food safety course rules. The state table compares registration, inspection, and training for all 50 states plus Washington, D.C.
Note the sales cap and online rule
The same table covers the annual sales cap and online selling. Write both down so you know your limits before you take orders.
Ask your local health department
Missouri advises producers to contact the local health department to determine whether the local health agency has its own food ordinance. A directory of local public health agencies is at Health.Mo.Gov.
Check labels and tax rules
Labeling is part of the state guidance. Florida also requires cottage food operations to comply with all state or federal tax laws, rules, regulations, or certification requirements.
Keep a dated copy
Save the page or PDF you used and the date you checked it. That gives you a clear record to come back to.
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When you are ready to turn the rules into a simple way to take orders, cottage food law for your home baking business goes a step further. It keeps the focus on what you sell, how you get paid, and what you write down.
Common questions
Do I need a commercial kitchen?
Cottage food laws let producers sell low-risk homemade foods such as bread, cookies, jam, and candy from a home kitchen without a commercial kitchen.
Does every state require registration?
No. Seventeen jurisdictions require no state registration for cottage food operations.
Do I need a food safety course?
In some jurisdictions, you must attend and pass a food safety course approved by the health department.
Can I sell online?
The state-by-state table includes online selling as one of the items it compares, so check your state rule before you take online orders.
What foods are usually allowed?
Cottage food laws focus on low-risk homemade foods such as bread, cookies, jam, and candy. In some jurisdictions, most homemade foods are permitted except meat and seafood.
Should I check local rules too?
Missouri advises producers to contact the local health department to determine whether the local health agency has its own food ordinance, and a directory of local public health agencies is available at Health.Mo.Gov.
Sources
- Association of Food and Drug Officials: Cottage Foods Laws and Guidance
- Cottage Food Law Library: Cottage Food Laws by State
- Homegrown: Cottage Food Laws by State
- Farm to Consumer Legal Defense Fund: Cottage Foods Map
- Missouri Department of Health and Senior Services: Home-Based Kitchen Food Production Guidance
- Florida Department of Agriculture and Consumer Services: Cottage Foods
General information, not legal advice. Rules vary by state and locality, so check with your state or local health department before you sell.