Cottage food rules
Cottage Food Law Restrictions: What Home Bakers Can Do
Know which limits apply to your kitchen before you take your first order.
On this page
What to remember
- Restrictions are set state by state, so check the rule where you actually sell.
- In Virginia, certain low-risk foods, acidified vegetables and honey can be made in a private home without a VDACS inspection, subject to certain restrictions.
- In Virginia, it is unlawful to operate as a food manufacturer, food storage warehouse or retail food establishment until it has been inspected and issued a permit.
- In Georgia, the Department of Agriculture regulates cottage food producers, also known as home-kitchen food producers.
- In California, the Department of Public Health does not permit or register Cottage Food Operations, but it maintains the approved CFO foods list.
Why the word restriction matters
A cottage food law usually starts with permission and then adds limits. The limits are the restrictions, and they are the part that decides whether your brownies or your honey can legally leave your kitchen. Because each state writes its own limits, you cannot copy a setup from a group in another state and assume it carries over. Start with cottage food law requirements and read the rule for the state where you live.
It also helps to know the shape of the rules. Some states carve out a small allowance for home kitchens and leave everything else under inspection. Others regulate home producers as a group of their own. A few keep a list of approved foods and nothing more. Cottage food law exemption walks through what an exemption does and does not cover.
Three states, three different answers
Virginia shows how a restriction sits next to a bigger rule. 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 then makes room for small producers. Virginia Code section 3.2-5130 allows certain low-risk foods, acidified vegetables and honey to be made in a private home without VDACS inspection, subject to certain restrictions. Outside that allowance, Virginia says it is unlawful to operate as a food manufacturer, food storage warehouse or retail food establishment until it has been inspected and issued a permit.
Georgia takes a different route. The Georgia Department of Agriculture regulates cottage food producers, also known as home-kitchen food producers. Cottage food law in Georgia covers how that looks for a baker working from a home kitchen.
California is different again. The California Department of Public Health does not permit or register Cottage Food Operations, but it maintains the approved CFO foods list. That list is the thing to read before you plan a menu.
What to check before you bake for sale
Name your state and your food
Write down the state where you sell and the exact items you plan to sell. A rule is much easier to read when you know which bake it has to cover.
Check the allowed foods
In California, read the approved CFO foods list. In Virginia, check whether your item falls under the certain low-risk foods, acidified vegetables and honey allowance.
Check inspection and permits
In Virginia, a food manufacturer, food storage warehouse or retail food establishment must be inspected and issued a permit before it operates. Find out whether your kitchen falls into one of those groups.
Read the restrictions on any exemption
Virginia’s home allowance is subject to certain restrictions. Read them before you print a label or take a deposit from a customer.
Confirm who regulates you
In Georgia that is the Department of Agriculture and its home-kitchen food producer rules. In California the Department of Public Health holds the approved foods list.
Check again when you add a product
A bake that was fine last month can fall outside the rules when you change an ingredient or add a new item. Recheck before you list it for sale.
If you are not sure where to begin, cottage food law list helps you find the right agency for your state, and the cottage food law requirements guide walks you through what to look for once you are there.
Common questions
Do these restrictions apply if I sell from my own home?
They can. 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. Check how your own state words it.
Can I sell anything I bake from a Virginia home kitchen?
No. Virginia Code section 3.2-5130 allows certain low-risk foods, acidified vegetables and honey to be made in a private home without VDACS inspection, subject to certain restrictions. Anything outside that allowance falls under the wider rules.
Who regulates home bakers in Georgia?
The Georgia Department of Agriculture regulates cottage food producers, also known as home-kitchen food producers.
Does California approve cottage food operations?
The California Department of Public Health does not permit or register Cottage Food Operations, but it maintains the approved CFO foods list. That list tells you which foods are approved.
What happens in Virginia if my kitchen counts as a food establishment?
Virginia says it is unlawful to operate as a food manufacturer, food storage warehouse or retail food establishment until it has been inspected and issued a permit.
Sources
This is general information for home bakers, not legal advice. Cottage food rules differ by state and can change, so confirm the current rule with your state agency before you sell.