Cottage food rules
Cottage Food Law: What Home Bakers Need to Check
A clear way to check what your state allows before you sell home baked goods.
What to remember
- Cottage food laws are state statutes, not one national rule.
- A 51-jurisdiction comparison found 17 jurisdictions require no state registration for cottage food operations.
- Colorado requires a food safety training course before you start a cottage foods business.
- Florida allows free samples for tasting, but the samples must be prepackaged.
- Washington requires the food to be made in the home kitchen of your primary domestic residence.
The phrase cottage food can make the rules sound simple. In practice, the National Agricultural Law Center compiles statutes and regulations for each state that has a cottage food or home-based food production law, which tells you how much can change at the state line. Use the Cottage Food Law List to find your state, then read the Cottage Food Law Guidelines for the details that matter to a home baker.
What to check first
Before you bake for paying customers, work through the same questions in order. The answers decide whether you can sell at all, what you can sell, and what you must put on the label.
Find your state rule
The National Agricultural Law Center compiles statutes and regulations for each state that has a cottage food or home-based food production law. Start with your state, not a neighboring one.
Check registration
A 51-jurisdiction comparison found 17 jurisdictions require no state registration for cottage food operations. Confirm whether your state is one of them before you sell.
Check training
Colorado requires producers to complete a food safety training course before starting a cottage foods business. Check whether your state has a training requirement.
Confirm allowed foods
AFDO provides state-specific guidance covering permissible homemade foods. Do not assume every bake is allowed just because it is made at home.
Read the labeling rule
AFDO guidance covers labeling requirements. Read the Cottage Food Law Disclaimer guide for what may need to go on your label.
Ask about samples and sales
Florida cottage food operators can serve free samples for tasting, but the samples must be prepackaged. Ask what your state allows before you advertise samples.
Registration, training, and labels
The details that matter most are registration, training, and labels. A 51-jurisdiction comparison found 17 jurisdictions require no state registration for cottage food operations, so registration is not universal. Training is not universal either. Colorado requires a food safety training course before you start. Labels are where AFDO’s state-specific guidance on labeling requirements matters, and where a separate Cottage Food Law License check can help you see what your state expects.
Georgia shows how the regulator changes by state. The Georgia Department of Agriculture’s Retail Food section regulates cottage food producers, also known as home-kitchen food. In Washington, a cottage food operation is a person who produces cottage food products only in the home kitchen of that person’s primary domestic residence in Washington. Those two facts alone tell you why a generic checklist is not enough.
Where to sell and what to ask
Sales rules can be specific. Florida cottage food operators can serve free samples for tasting, but the samples must be prepackaged. If you plan to hand out samples at a market, that detail matters before you set up your table. AFDO’s state-specific guidance covers permissible homemade foods, licensing, food safety regulations, and labeling, so use it as your first pass, then confirm with the agency your state names.
Start your 14 day free trial
Free, no signup.
Common questions
Do cottage food laws apply in every state?
The National Agricultural Law Center compiles statutes and regulations for each state that has a cottage food or home-based food production law. Start with your state's entry, then confirm the details with the agency named there.
Do I need a license or registration?
It depends on your state. A 51-jurisdiction comparison found 17 jurisdictions require no state registration for cottage food operations, so confirm whether yours is one of them.
Can I sell anything I bake at home?
No. AFDO provides state-specific guidance covering permissible homemade foods, along with licensing, food safety regulations, and labeling requirements. Start with the list for your state.
Can I give samples?
In Florida, cottage food operators can serve free samples for tasting, but the samples must be prepackaged. Check your own state's rule before you hand out samples.
Do I need food safety training?
Colorado requires producers to complete a food safety training course before starting a cottage foods business. Check your state's rule to see whether training is required where you live.
Sources
General information, not legal advice. Cottage food rules change and are decided by your state. Check your state's official page or a lawyer before you sell.