Cottage food rules
Cottage Food Laws in NH: What Home Bakers Need
A clear read on New Hampshire homestead food rules so you know when you can sell and when you need a license.
On this page
What to remember
- New Hampshire’s home food rules use the term homestead food operation.
- The exemption is limited to non-potentially hazardous food sold solely from your home, your own farm stand, a farmers market, or a retail food store.
- Selling anywhere outside that list takes you outside the exemption described in the state FAQ.
- Freeze dried foods have their own license requirement under RSA 143-A:12.
If you are new to this, start with the answer above. The rest of this guide walks through the exemption, the license trigger, and the label. If you bake in a nearby state, the cottage food laws in CT and cottage food laws in Mass guides cover the same questions.
What New Hampshire means by a homestead food operation
The rules you will find for New Hampshire home bakers are written around the homestead food operation. New Hampshire allows non-potentially-hazardous homestead food products prepared in the operator’s primary home kitchen to be sold from the homestead residence, at the owner’s farm stand, and at other permitted venues. That is the narrow path home bakers usually look for.
The exemption is not a general permission to sell any baked good anywhere. A homestead food operation is exempt only if the operator sells non-potentially hazardous food solely from their own residence, their own farm stand, a farmers market, or a retail food store. The word solely matters. If you add a venue outside that list, you are outside the exemption described in the state FAQ.
When you need a license
New Hampshire law says it is unlawful for any person, unless exempted under RSA 143-A:5, to operate a food service establishment or retail food establishment without a food service license. If your home baking does not fit the homestead exemption, the license requirement is the one to check.
Freeze dried foods are called out separately. Under RSA 143-A:12, a homestead food operation that processes and sells freeze dried foods from the homestead residence, at the owner’s own farm stand, at farmers markets, or at retail food stores shall be licensed. The license requirement applies even when those sales happen at the places named in the rule.
What has to be on the label
Labeling depends on whether your operation is exempt. Products made by nonexempt homestead food operations must be clearly labeled with a statement beginning with the words This product is made in a residential food production area licensed by the New Hampshire. The requirement is tied to nonexempt operations, so do not assume a label alone makes a sale legal.
If your bake includes a perishable filling, the cottage food laws and cream cheese guide is a useful next read on why the non-potentially hazardous limit matters.
A simple way to check your plan
Before you take an order, write down the place you will sell from and the food you will sell. Compare that with the four places named in the homestead exemption. If your plan includes freeze dried foods or a venue outside the list, treat it as a license question and check with New Hampshire DHHS before you bake. Keep the state’s homestead food FAQ handy, and if you are still unsure, ask before you take money for that order.
Common questions
Do I need a license to sell baked goods from my home in New Hampshire?
If you sell non-potentially hazardous food solely from your own home, your own farm stand, a farmers market, or a retail food store, the homestead exemption can apply. If you sell anywhere else, or if you process and sell freeze dried foods, the state says a license is required.
What can I sell under the homestead exemption?
The exemption is limited to non-potentially hazardous food prepared in your primary home kitchen and sold solely from the four places named in the rule. The material here does not list every food that qualifies, so confirm your specific recipe with the state.
What has to be on the label?
If your homestead food operation is not exempt, products must be clearly labeled with a statement beginning with the words This product is made in a residential food production area licensed by the New Hampshire. The label requirement is tied to nonexempt operations.
Can I sell at a farmers market?
A farmers market is one of the places named in the homestead exemption, as long as you sell non-potentially hazardous food solely from the allowed places.
Can I sell freeze dried foods?
Under RSA 143-A:12, a homestead food operation that processes and sells freeze dried foods from the homestead residence, at the owner's own farm stand, at farmers markets, or at retail food stores shall be licensed.
Sources
General information, not legal advice. Rules can change. Check with New Hampshire DHHS before you sell.