Cottage Food Law: What It Is and What It Means for You

On this page

1. What cottage food law covers
2. What it does not mean
3. How to check your state’s rule

If you bake from your kitchen and sell to neighbors, this is the rule that decides what you can sell, how much of it, and what has to be on the label. Below is what it is, what it covers, and what it does not. When you get to printing, cottage food law label requirements walks through what goes on them.

What cottage food law covers

The law is limited on purpose. Food prepared or packaged under it must be limited to a specific list of foods that are not potentially hazardous, and the operation has to stay limited in size. It is written for small home kitchens, not for a full time food business with staff and a loading door.

The other thing to know is that this is a low cost door into selling. Cottage food laws are described as a low cost entry point for people who want to start selling food made at home, which is why so many home bakers begin here instead of renting kitchen time.

What it does not mean

It does not mean your kitchen was inspected. Products made under cottage food law are prepared in home kitchens that a health department has not inspected, and those same kitchens can be where food allergens are present. That is one reason the label matters so much.

It also does not always mean no paperwork. In Florida, the law lets people produce and sell certain low risk foods without a food permit, as long as they meet the requirements. In other places it runs the other way: cottage food operators are required to hold a valid health permit or a registration with environmental health services. Some states let people sell certain home made foods without a license at all. The only way to know which one you are in is to check your own state’s rule.

How to check your state’s rule

1. 1

   Find your state's page

   Search your state name plus cottage food law, and stay with a health department or .gov page.

2. 2

   Read the food list

   That list tells you what you may sell. If your bake is not on it, it is not covered.

3. 3

   Check the size limit

   The operation has to stay limited in size, so look for the sales cap or the volume limit.

4. 4

   Check the permit or registration

   Some places want a health permit or an environmental health registration. Find that out before you take orders.

5. 5

   Check the label rules

   Your state decides what must be printed on the package, so read that part before you print a single sticker.

We have plain language walkthroughs for several states, including Cottage Food Law in Puerto Rico and Cottage Food Law in Orlando, Florida. If yours is not there yet, start with your county health department and ask them directly.

• Cottage Food Law Label Template: What to Put on Yours
• Cottage Food Law Label Example: What to Put on Yours
• Cottage Food Law in New York: What Home Bakers Need

Common questions

Is cottage food law the same in every state?

No. Not every state has one, and the details differ from place to place. Some states let people sell certain home made foods without a license, while other places require cottage food operators to hold a valid health permit or a registration.

Do I need a license to sell cakes from my home?

It depends on where you live. Some states allow certain home made foods to be sold without a license, and other places require a valid health permit or an environmental health registration. Check your state's rule before you take an order.

What foods can I sell under cottage food law?

Only the foods on your state's approved list, which is limited to items that are not potentially hazardous. The operation also has to stay limited in size.

Does cottage food law mean my kitchen was inspected?

No. Products made under it are prepared in home kitchens that a health department has not inspected, and food allergens can be present in those kitchens.

When did cottage food laws start?

California's AB 1616 became law on September 23, 2012 and took effect on January 1, 2013. Other states have their own versions and their own dates.

Sources

1. Vender comida casera: que es la ley de cottage food
2. Ley de comida casera: paginas e informacion por estado
3. Cottage Food Bill Fact Sheet (Spanish)
4. Permiso de alimentos caseros (DC Health IL)
5. Lo que los agricultores deben saber sobre la ley de alimentos caseros de Florida
6. Cottage Food Operations (Spanish)
7. Como sacar un permiso para vender comida en USA

This is general information, not legal advice. Rules differ by state and change over time, so confirm the details with your own state or county health department before you sell.