Cottage food rules
Cottage Food Laws in Kansas: What Home Bakers Can Sell
Know what you can sell in Kansas, and who to call before you bake a batch for sale.
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What to remember
- Foods that do not need temperature control for safety and do not need specialized processing are the ones covered by the market allowance.
- Direct sales at Kansas farmers’ markets and similar locations can happen without a food establishment license.
- The Kansas Food Code in force since June 2, 2023 is what inspections work from.
- Only food facilities located in Kansas need a Kansas food safety license, but every food business still has to follow federal and state regulations.
The sentence that matters most for a Kansas home baker is the market allowance. Direct sales of foods that do not require temperature control for safety or specialized processing are allowed at farmers’ markets and similar locations without a food establishment license. Read it as two questions about every item on your table, not one. If you sell in more than one state or you want help reading the exact wording, this guide to finding the rule that applies to you walks through it.
What Kansas allows without a food establishment license
The Kansas Department of Agriculture states the allowance plainly: direct-to-consumer sale of foods that do not require temperature control for safety or specialized processing is permitted at Kansas farmers’ markets and similar locations without a food establishment license. So for each bake you are considering, ask whether it needs to stay cold or hot to be safe, and ask whether making it takes specialized processing. Those two answers decide more than any list you will find online.
Where the Kansas Food Code fits in
The Kansas Department of Agriculture regulates the production and sale of food products in Kansas, and its Food Safety and Lodging program is responsible for food safety inspections. The current Kansas Food Code took effect on June 2, 2023, so an older summary may describe rules that no longer match what an inspector uses. The department also notes that only food facilities located in Kansas are required to have a Kansas food safety license, while all food businesses must still comply with federal and state regulations.
What to check before you take your first order
Write down everything you want to sell
Include the items you think are obviously fine. Checking a written list is easier than trusting your memory of a phone call.
Ask the temperature question
Does this item need to stay cold or hot to be safe? The state allowance is written for foods that do not require temperature control for safety.
Ask the processing question
Does making it take specialized processing? That is the other half of the state’s wording, and it counts just as much as temperature.
Name the place you will sell
The allowance covers farmers’ markets and similar locations. Be specific about where your table will be, not just that you sell locally.
Read the code that is actually in force
The current Kansas Food Code took effect on June 2, 2023. Check that whatever you are reading is newer than that date.
Call Food Safety and Lodging
That program is responsible for food safety inspections for the department that regulates food production and sale in Kansas. A short call is cheaper than a wasted batch.
Ingredients come up a lot in these conversations, and there are separate guides on eggs and butter if those are the parts you are unsure about. The guide to cottage food law wording helps you tell a rule you can rely on apart from a blog post repeating an old version.
Try the free bake pricing calculator
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Once you know which bakes you can sell, the next job is knowing what to charge for them. Kansas rules decide what leaves your kitchen. Your own numbers decide whether the week pays, and those are two separate pieces of work worth doing before your first market morning.
Common questions
Can I sell baked goods from my home kitchen in Kansas?
Kansas allows direct-to-consumer sales of foods that do not require temperature control for safety or specialized processing at farmers' markets and similar locations without a food establishment license. Whether your specific bakes fit that wording is the question to bring to the Kansas Department of Agriculture.
Do I need a Kansas food safety license?
Only food facilities located in Kansas are required to have a Kansas food safety license. All food businesses still have to comply with federal and state regulations.
Which Kansas Food Code is in effect?
The current Kansas Food Code took effect on June 2, 2023. Any summary written before that date may not match the code inspectors use.
Who do I ask about inspections?
The Food Safety and Lodging program at the Kansas Department of Agriculture is responsible for food safety inspections, and the department regulates the production and sale of food products in Kansas.
Can I sell at a farmers' market without a license?
Yes, for foods that do not require temperature control for safety or specialized processing. Direct-to-consumer sales of those foods are allowed at Kansas farmers' markets and similar locations without a food establishment license.
Sources
General information only, not legal advice. Rules change, so confirm what applies to you with the Kansas Department of Agriculture before you sell.