Cottage food rules
Cottage Food Laws in the United States: What to Check
A clear checklist for reading your state's cottage food rules before you sell.
On this page
What to remember
- Start with your state’s cottage food guidance.
- Check four things first: allowed foods, labeling, licensing, and food safety.
- Some states limit home sales to certain low-risk foods.
- Some states prohibit foods that require refrigeration.
- Florida allows free samples for tasting, but they must be prepackaged.
Your first step is to find the cottage food page for your state and read it slowly. The Association of Food and Drug Officials provides state-specific cottage food laws and guidance in one place, including licensing, food safety, labeling, and the foods you are allowed to make. Use that as your map, then follow the link to your own state agency. If you are still deciding what to bake, our guide to what you can sell from home helps you sort low-risk bakes from the ones that usually need more oversight.
What varies from state to state
Licensing and inspection are not the same everywhere. In Virginia, 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, subject to certain restrictions. At the same time, food establishments in Virginia, including private homes, that manufacture, process, pack, or hold food for sale are subject to the Virginia Food and Drink Law and related regulations. That is why a single answer from a friend in another state is not enough.
New York shows how narrow a home processor rule can be. Any finished food product that requires refrigeration is prohibited from being produced as a Home Processor. Pet foods and pet treats can be made from the home, but they require a separate registration. If your best seller is a cream pie or a custard tart, check your state before you count on selling it.
Labels, samples, and taxes
Labeling is part of the state guidance. The Association of Food and Drug Officials resource covers labeling requirements, so start there and write down exactly what your label must include. Sampling rules can surprise you too. In Florida, cottage food operators may serve free samples for tasting, but the samples must be prepackaged. A Florida cottage food operation must also comply with all state or federal tax laws, rules, regulations, or certification requirements.
Before you take your first order
Write a short rules sheet for your kitchen. List the foods you plan to sell, the ones you are not allowed to sell, your label wording, and any license or permit step your state requires. Keep the date you checked with your notes. Our guide to getting a permit to sell baked goods from home walks through the usual order of steps.
Georgia is a good example of why you need the right agency name. The Retail Food section of the Georgia Department of Agriculture regulates cottage food producers, also known as home-kitchen food producers. If you search only for a cottage food license, you may miss the page that uses the state’s own wording. Search for the agency name and the term home-kitchen food producer too.
How to compare your state with a neighbor
Once you know your own state’s rules, it is tempting to compare. Our guide to which states have the best cottage food laws can help you see how states differ on allowed foods and labeling. Use it to ask better questions, not to borrow another state’s rules. Your own state’s guidance is the one to follow for your home kitchen.
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Your cottage food business can stay simple. Pick a small list of bakes you are allowed to sell, label them the way your state asks, and keep your records tidy. If you want a second set of eyes on your plan, ask your state agency or a local food safety contact before you take your first order.
Common questions
Are cottage food laws the same in every state?
No. The Association of Food and Drug Officials provides state-specific cottage food laws and guidance covering licensing, food safety regulations, labeling requirements, and permissible homemade foods.
What should I check first?
Start with your state's cottage food guidance. Confirm the foods you may make, your labeling rules, any licensing step, and the food safety rules that apply to your kitchen.
Can I sell food that needs refrigeration?
It depends on your state. In New York, any finished food product that requires refrigeration is prohibited from being produced as a Home Processor.
Can I give samples at a market?
In Florida, cottage food operators may serve free samples for tasting, but the samples must be prepackaged. Check your own state's sampling rules before you hand out samples.
Do I need to handle taxes?
In Florida, a cottage food operation must comply with all state or federal tax laws, rules, regulations, or certification requirements. Ask your own state and a tax professional about your situation.
Where can I find my state's rules?
The Association of Food and Drug Officials provides state-specific cottage food laws and guidance that cover licensing, food safety, labeling, and permissible foods.
Sources
- Association of Food and Drug Officials: Cottage Foods Laws and Guidance
- Georgia Department of Agriculture: Cottage Food
- Florida Department of Agriculture and Consumer Services: Cottage Foods
- Virginia Department of Agriculture and Consumer Services: Kitchen Bill FAQ
- Virginia Department of Agriculture and Consumer Services: Food Services Businesses
- New York State Department of Agriculture and Markets: Home Processing
This is general information, not legal or tax advice. Cottage food rules are state specific. Confirm the rules with your state agency before you sell.