Cottage food rules
Cottage Food Law Requirements: What to Check First
A simple path through the rules so you know what to check before you sell.
On this page
What to remember
- Cottage food rules are state specific, not one national list.
- Check licensing, food safety, labeling, and allowed foods for your state.
- Some states require inspection and a permit for home food businesses.
- Some states allow certain low risk foods to be made at home without inspection, with restrictions.
- Some states require producers to attend and pass a food safety course approved by the health department.
Start with the official guidance for your state. 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. That is the right place to begin because the same words, cottage food, can lead to different rules in different states. Keep our cottage food law list nearby as a starting point.
What cottage food law can require
A cottage food operation is a home based kitchen operation where individuals are allowed to make certain foods at home and sell them to the public. That definition sounds simple, but the requirements behind it are not. 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. Virginia also says it is unlawful to operate as a food manufacturer, food storage warehouse, or retail food establishment until the operation has been inspected and issued a permit.
The exemptions matter too. Section 3.2-5130 of the Code of Virginia allows certain low risk foods, acidified vegetables, and honey to be made in a private home without VDACS inspection, with certain restrictions. The exemption comes with restrictions, so read it against the foods you plan to sell. If your bake is not covered by the exemption, the permit and inspection rule may still apply.
A simple way to check your state
Find your state guidance
Use the Association of Food and Drug Officials cottage food page to find state specific laws covering licensing, food safety, labeling, and permissible homemade foods.
Check permit and inspection rules
Read the rule for private home kitchens. Virginia, for example, requires food establishments including private homes that manufacture, process, pack, or hold food for sale to be inspected and issued a permit before operating.
Check the exemption
Virginia law allows certain low risk foods, acidified vegetables, and honey to be made in a private home without VDACS inspection, with restrictions.
Check the allowed foods
California does not permit or register Cottage Food Operations but maintains the approved list of foods a CFO may produce.
Check food safety course rules
The Farm-to-Consumer Legal Defense Fund notes that in some states producers must attend and pass a food safety course approved by the health department.
Check label rules
Alabama’s Cottage Food Law requires labels to include the name and address of the cottage food operation, a statement that the food is not inspected by the Health Department, and a list of ingredients.
Permits, allowed foods, courses, and labels
Permits and inspections are one place to start. Virginia requires inspection and a permit before operating as a food manufacturer, food storage warehouse, or retail food establishment. California is different. The California Department of Public Health does not permit or register Cottage Food Operations, but it maintains the approved list of foods a CFO may produce. Do not copy another baker’s answer from another state. Use the rule for your state and your food. Our guide to cottage food law permits goes deeper, and cottage food law registration covers what to file and where.
Food safety courses and labels are the next checks. The Farm-to-Consumer Legal Defense Fund’s cottage foods map and chart notes that in some states producers must attend and pass a food safety course approved by the health department. Labels can also carry required statements. Alabama’s Cottage Food Law requires labels to include the name and address of the cottage food operation, a statement that the food is not inspected by the Health Department, and a list of ingredients. Our guide to cottage food law disclaimers covers the label side.
Once you know the rule for your state, write it down in plain words: what you may sell, what you must file, what course you must pass, and what your label must say. Then build your bakes around that list. The rules are not the fun part, but they are the part that lets you sell with a clear head.
Common questions
Is there one national cottage food law?
No. Cottage food rules are state specific. 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.
Do I need a permit or inspection?
It depends on your state and your food. 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, and the state says it is unlawful to operate as a food manufacturer, food storage warehouse, or retail food establishment until inspected and issued a permit. Virginia law also allows certain low risk foods, acidified vegetables, and honey to be made in a private home without VDACS inspection, with restrictions. California does not permit or register Cottage Food Operations but maintains an approved list of foods a CFO may produce.
What has to go on a cottage food label?
It depends on your state. Alabama's Cottage Food Law requires labels to include the name and address of the cottage food operation, a statement that the food is not inspected by the Health Department, and a list of ingredients.
Do I need a food safety course?
Some states require one. The Farm-to-Consumer Legal Defense Fund's cottage foods map and chart notes that in some states producers must attend and pass a food safety course approved by the health department.
Where do I find the foods I am allowed to sell?
Start with your state's official guidance. California, for example, does not permit or register Cottage Food Operations but maintains the approved list of foods a CFO may produce. The Association of Food and Drug Officials page also collects state specific laws covering permissible homemade foods.
Sources
- Association of Food and Drug Officials cottage foods laws and guidance
- California Department of Public Health Cottage Food Operations
- California Department of Public Health Cottage Food Operations requirements
- Virginia Department of Agriculture and Consumer Services food establishments
- Virginia kitchen bill FAQ
- Alabama Cottage Food Law
- Farm-to-Consumer Legal Defense Fund cottage foods map
General information only, not legal advice. Cottage food rules differ by state. Check your state's official guidance or a lawyer before you sell.