Cottage food rules
Cottage Food Law Guidelines: What Home Bakers Should Check
A plain way to find your state's cottage food rules and know what to check before you sell.
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What to remember
- Cottage food rules are set state by state and cover licensing, food safety, labeling, and which homemade foods are allowed.
- 17 jurisdictions across the 50 states plus DC require no state registration for cottage food operations.
- Some states license cottage food businesses and some do not, but county and city rules can still apply on top.
- Read your own state’s guidance before you bake for sale, not after your first order.
If you are just starting out, the word law can feel heavy. It helps to think of it as a list of questions your state has already answered for you: what can I sell, do I need to sign up somewhere, and what does my label have to say. Here is what a cottage food law actually is in plain words, and below is how to work through the guidelines without getting lost.
What cottage food guidelines usually cover
The Association of Food and Drug Officials keeps a cottage food regulatory guidance page with state-specific laws covering licensing, food safety regulations, labeling requirements, and permissible homemade foods. That is a good place to see the shape of the rules before you go to your own state’s page. Four things come up again and again: who regulates you, whether you register, which foods are allowed, and what your label must say.
Maryland is a useful example of how uneven this can look. Maryland cottage food businesses are not licensed, but they must comply with all applicable county and municipal laws and ordinances regulating the preparation, processing, storage, and sale of cottage food products. The state’s guidance document also sets out which foods are allowable to be produced and sold by a Maryland Cottage Food Business. So even in a state with no license, there is still a list to read.
Registration, licensing, and inspections
Across all 50 states plus DC, 17 jurisdictions require no state registration for cottage food operations. That means a large share of home bakers still do have to register or license, so do not assume you are in the free and clear. Find your state agency first, then read what it asks of you.
The agency is not always the one you would guess. In Virginia, food establishments including private homes that manufacture, process, pack, or hold food for sale are subject to the Virginia Food and Drink Law and related regulations. Those home kitchen food processing laws are administered by the Virginia Department of Agriculture and Consumer Services, and enforcement includes regular periodic inspections of food operations.
In Georgia, the Retail Food section of the Georgia Department of Agriculture regulates cottage food producers, also known as home-kitchen food producers. Two different states, two different offices, and two different sets of paperwork. That is the whole reason a national answer to this question does not exist.
Labels and samples
Labeling requirements are written into state law, and they are usually the part home bakers get wrong first. The rules cover what must appear on the package and how it has to be worded, so read your state’s list line by line and copy it onto your own label. Our guide to the cottage food law disclaimer on your label walks through that wording.
Samples have their own small rules. In Florida, cottage food operators can serve free samples for tasting, but the samples must be prepackaged. If you were planning to hand out a warm cookie from a tray, check your state’s guidance before you do.
How to check your own state’s guidelines
Find your state agency
Look for the department that handles food, often agriculture or health. Georgia’s Retail Food section regulates cottage food producers, and Virginia’s rules are administered by VDACS. Your state will name its own office.
Read the state guidance page
The Association of Food and Drug Officials maintains a cottage food regulatory guidance page with state-specific laws covering licensing, food safety, labeling, and permissible homemade foods. Use it to find your state’s document.
Confirm whether you must register
17 jurisdictions require no state registration for cottage food operations. Work out which group you are in before you pay a fee or fill in a form.
Check county and city rules
Maryland cottage food businesses are not licensed but must comply with all applicable county and municipal laws and ordinances. Ask your county the same questions you asked the state.
Confirm your foods are allowed
Maryland’s guidance sets out which foods are allowable, and most states publish a similar list. Match your menu to it before you take an order.
Write your label to match
Take the labeling requirements straight from your state’s document so your package says exactly what it is supposed to say.
Once you know your state’s answers, the rest gets easier. Write down what you may sell, whether you registered, and what your label says, then keep that page where you can find it. Our cottage food law guidance for home bakers goes deeper on the day to day questions that come up after you start selling.
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- Cottage Food Law Guidance for Home Bakers
- Cottage Food Law Definition: What It Means for Home Bakers
- Cottage Food Law Disclaimer: What Goes on Your Label
Common questions
Do I need a license to sell baked goods from home?
It depends on your state. Across all 50 states plus DC, 17 jurisdictions require no state registration for cottage food operations, while others do ask you to register or license. Check your own state's guidance before you bake for sale.
Where do I find my state's cottage food rules?
Start with the state department that handles food. The Association of Food and Drug Officials maintains a cottage food regulatory guidance page with state-specific laws covering licensing, food safety regulations, labeling requirements, and permissible homemade foods.
Can I hand out free samples?
Rules differ. In Florida, cottage food operators can serve free samples for tasting, but the samples must be prepackaged. Read your own state's guidance before you set out a tray.
Do county rules apply on top of state rules?
Sometimes. Maryland cottage food businesses are not licensed, but they must comply with all applicable county and municipal laws and ordinances regulating the preparation, processing, storage, and sale of cottage food products.
Who regulates cottage food producers in my state?
It varies. The Retail Food section of the Georgia Department of Agriculture regulates cottage food producers, also known as home-kitchen food producers, while Virginia's home kitchen food processing laws are administered by VDACS.
Sources
This is general information, not legal advice. Cottage food rules are set by your state and sometimes your county, and they change. Confirm the current requirements with your state agency before you sell.