Cottage food rules
Cottage food law in Massachusetts: what home bakers must know
A plain answer on where Massachusetts lets you bake for sale, and what to check before you take your first order.
On this page
What to remember
- The food has to be made in the home kitchen of the place where you actually live.
- Sales are direct to the consumer, not through a middleman.
- Your city or town can add its own requirements, and you have to follow them.
- Massachusetts keeps a Residential Kitchen Questions and Answers page worth reading before you bake for sale.
- If you want to sell in another state, that is a separate check.
Massachusetts is not a state where you can guess your way through the rules. The definition is written into the state food code, and the local layer on top is where a lot of home bakers get caught out. Read this as a starting map, then work through what to check in your state so you know which questions to bring to your own town.
What counts as a cottage food operation here
The definition in 105 CMR 590 has two halves, and both of them matter. First, the food is produced only in the home kitchen of your primary domestic residence. That means the kitchen you cook dinner in, in the home where you live. Second, it is sold only directly to the consumer. If your plan involves a shop, a distributor, or someone else selling on your behalf, that is a different conversation with your local health department.
Your city or town rules still apply
Under 105 CMR 590, cottage food operations and permitted retail residential kitchens must comply with all applicable municipal law. That is the part home bakers miss. Two bakers in two towns can be working from the same state definition and still face different local requirements. Before you print labels or take a single order, call your local board of health and ask what they want from a home kitchen in your town. Walk in with specific questions rather than a general ask, and you will get a much clearer answer.
The state also keeps a Residential Kitchen Questions and Answers page, which exists specifically to help people comply with the regulations around making and selling food from a kitchen in a residence. Read it before you call, so your questions are about your situation rather than the basics. Our guide to cottage food law guidelines walks through the things worth writing down as you go.
Selling outside Massachusetts
If you make food in a residential kitchen in Massachusetts and want to sell it in another state, the state is clear that you should confirm you are in compliance with both federal law and the laws of the state where you are selling. That is not a box you can tick once. It is a check you do before you accept an order from across the line, and again if anything about your setup changes.
Farms and simple products
There is a narrow carve out worth knowing if you also sell produce. A Retail Food Code permit is not required for farms selling whole, uncut fresh fruits and vegetables, unprocessed honey, pure maple products, or farm fresh eggs, as long as they are stored and maintained properly. That is a farm exemption, not a licence to bake anything you like. If you are trying to work out where your own baking sits, cottage food law exemption explains the idea in plain terms.
- Cottage food law guidelines: what to check
- Cottage food law license: what home bakers need
- Cottage food law list: what to check in your state
Common questions
Can I bake in a kitchen that is not my main home?
Under 105 CMR 590, a cottage food operation produces cottage food products only in the home kitchen of that person's primary domestic residence. A second kitchen elsewhere does not fit that definition.
Can I sell my bakes to a shop or a restaurant?
The Massachusetts definition covers sale directly to the consumer. Selling through a business is a different arrangement, and it is a question for your local board of health rather than something to assume.
Do I still need to follow my town rules?
Yes. Under 105 CMR 590, cottage food operations and permitted retail residential kitchens must comply with all applicable municipal law. Your city or town can ask for things the state code does not mention.
Where can I read the state's own guidance?
Massachusetts publishes a Residential Kitchen Questions and Answers page to help individuals comply with the regulations around producing and selling food made in a kitchen in a residence. Start there, then call your local board of health.
I want to ship an order to another state. What now?
The state says anyone making food in a residential kitchen in Massachusetts who wants to sell in another state should confirm they comply with both federal law and the laws of the state where they are selling.
Do I need a Retail Food Code permit to sell eggs or honey from my farm?
A Retail Food Code permit is not required for farms selling whole, uncut fresh fruits and vegetables, unprocessed honey, pure maple products, or farm fresh eggs that are stored and maintained properly.
Sources
- 105 CMR 590 State Sanitary Code Chapter X, Minimum Sanitation Standards for Food Establishments
- Retail Food Code: Standards for Permitted Residential Kitchens
- Residential Kitchen Questions and Answers
- Residential Kitchen Questions and Answers (PDF)
- Guidance for Farms and Agricultural Businesses on Cottage Food and Other Food Sales
This is general information about the rules, not legal advice. Requirements can change and your city or town may ask for more. Confirm with your local board of health and the Massachusetts Department of Public Health before you sell.