Cottage food rules
Cottage Food Laws in Mass: What Home Bakers Need
Know what Massachusetts says about home kitchen sales before you take your first order.
On this page
What to remember
- The state definition points to the home kitchen of your primary domestic residence and direct sales to the consumer.
- 105 CMR 590 says these operations must comply with all applicable municipal law.
- Massachusetts publishes a Residential Kitchen Questions and Answers FAQ for food made in a kitchen in a residence.
- The state issued guidance for farms and agricultural businesses on cottage food and other food sales dated March 8, 2022.
- The Retail Food Code Standards for Permitted Residential Kitchens guidance is dated April 1, 2019.
If you bake from your kitchen and sell to neighbors, the first question is whether your plan fits the Massachusetts definition and what your city or town requires. The state pages below are the place to start, not a rule borrowed from another state. For a wider view, see cottage food laws by state.
Start with the state definition
Massachusetts uses a specific definition. A Cottage Food Operation is a person who produces cottage food products only in the home kitchen of that person’s primary domestic residence and only for sale directly to the consumer. The definition uses the words only, home kitchen, primary domestic residence, and direct to the consumer. Read those words closely. If your plan does not fit them exactly, do not assume the cottage food definition covers it. Use the state’s Residential Kitchen Questions and Answers to see how the rules apply to food made in a kitchen in a residence.
Local rules are part of the picture
The state rule is not the whole story. Under 105 CMR 590, Cottage Food and non-exempted Bed and Breakfast Operations (Permitted Retail Residential Kitchens) must comply with all applicable municipal law. That means your city or town can have requirements you need to know before you sell. The Massachusetts guidance titled Retail Food Code Standards for Permitted Residential Kitchens is dated April 1, 2019 and is one official page to read. For a nearby comparison, see Cottage Food Laws in CT, but do not carry another state’s rules into Massachusetts.
Official pages to read before you bake for sale
Read the state definition
Open 105 CMR 590 and read how Massachusetts defines a Cottage Food Operation: home kitchen of your primary domestic residence and direct sales to the consumer.
Check the residential kitchen FAQ
Use the state’s Residential Kitchen Questions and Answers to see how the rules apply to food made in a kitchen in a residence.
Read the permitted residential kitchens guidance
The Retail Food Code Standards for Permitted Residential Kitchens guidance is dated April 1, 2019 and covers permitted residential kitchens.
Review the farm and agricultural business guidance
Massachusetts issued guidance for farms and agricultural businesses on cottage food and other food sales dated March 8, 2022.
Confirm local rules
Because 105 CMR 590 requires compliance with all applicable municipal law, check with your city or town before you take orders.
What this means for your home baking business
Treat the Massachusetts definition as a gate. If your plan is a home kitchen in your primary residence and direct sales to the consumer, you are reading the right pages. If any part of your plan is different, stop and ask before you spend money on packaging or take a deposit. The state’s Residential Kitchen Q&A is written to help individuals comply with state regulations for food made in a kitchen in a residence. Use it as your first stop, then confirm local rules. If your bakes use cream cheese, use Cottage Food Laws and Cream Cheese as a prompt for questions to ask, then confirm with Massachusetts officials.
Write down the date you read each page and any local contact you spoke with. The Massachusetts pages have dates: the Retail Food Code Standards for Permitted Residential Kitchens guidance is dated April 1, 2019, and the farm and agricultural business guidance is dated March 8, 2022. A simple record helps you know what you checked and when. It also gives you a clear place to start if your plan changes later.
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Common questions
What is a cottage food operation in Massachusetts?
105 CMR 590 defines a Cottage Food Operation as a person who produces cottage food products only in the home kitchen of that person's primary domestic residence and only for sale directly to the consumer.
Do I also have to follow local rules?
Yes. Under 105 CMR 590, Cottage Food and non-exempted Bed and Breakfast Operations (Permitted Retail Residential Kitchens) must comply with all applicable municipal law.
Where is the state residential kitchen FAQ?
Massachusetts publishes a Residential Kitchen Questions and Answers FAQ to assist individuals in complying with state regulations related to the production and sale of food made in a kitchen in a residence.
Is there state guidance for farms and agricultural businesses?
Yes. Massachusetts issued guidance for farms and agricultural businesses on cottage food and other food sales dated March 8, 2022.
What is the date of the permitted residential kitchens guidance?
The Massachusetts guidance titled Retail Food Code Standards for Permitted Residential Kitchens is dated April 1, 2019.
Sources
- Retail Food Code Standards for Permitted Residential Kitchens (April 1, 2019)
- 105 CMR 590 State Sanitary Code Chapter X: Minimum Sanitation Standards for Food Establishments
- Residential Kitchen Questions and Answers
- Guidance for Farms and Agricultural Businesses on Cottage Food and Other Food Sales, March 8, 2022
General information, not legal advice. Confirm your own situation with the official Massachusetts pages and your city or town.