Cottage food rules
Cottage Food Laws in Mississippi: What Home Bakers Need
A plain language walk through Mississippi cottage food rules, from the sales cap to where you can sell.
On this page
What to remember
- Cottage food products must be non-potentially hazardous and must not require time and/or temperature controls for safety.
- A private home is the place where an individual lives, whether or not it is a house.
- No permit, registration or fee is required if you stay within the rules and under the $35,000 annual sales cap.
- You may not sell over the Internet, by mail order, at wholesale, or to a retail establishment.
- The Mississippi statute does not prohibit advertising.
The rules are short, but they reach your kitchen, your prices, and how you take orders. Start with the Mississippi State Department of Health document Cottage Food Operations: Questions and Answers, updated September 2023. If you are comparing how other states handle home baking, our guide to cottage food laws in Kentucky shows a different set of limits.
What counts as cottage food in Mississippi
A cottage food product is a non-potentially hazardous food made in the kitchen of a private home. Foods sold as cottage food products must be non-potentially hazardous foods that do not require time and/or temperature controls for safety. A private home is defined as the place where an individual lives, regardless of whether it is a house. The Mississippi State Department of Health oversees Mississippi cottage food products.
Where you can and cannot sell
The statute lists the sales channels that are closed to cottage food operations: the Internet, mail order, wholesale, and retail establishments. It does not prohibit advertising. If a sales idea does not fit those limits, do not use it for cottage food products. The Mississippi State Department of Health is the agency that oversees cottage food products in the state.
The advertising point is narrow. The statute does not prohibit advertising, and it also lists the sales channels that are closed to cottage food operations.
The $35,000 cap and the no permit rule
Mississippi requires no permit, registration or fee to operate a cottage food business as long as the operation stays within the rules, including the $35,000 annual sales cap. That cap is stated as an annual sales cap. Keep your own record of sales so you know where you stand against it. The cap is one of the rules that keeps the no permit rule in place. The Mississippi State Department of Health publishes cottage food guidance in a document titled Cottage Food Operations: Questions and Answers, updated September 2023.
What to do before your first sale
Check your food
Confirm your product is a non-potentially hazardous food that does not require time and/or temperature controls for safety.
Check your kitchen
Confirm you are baking in a private home, which is the place where an individual lives, whether or not it is a house.
Know the sales cap
Keep your cottage food operation under the $35,000 annual sales cap.
Stay within the sales limits
Do not sell over the Internet, by mail order, at wholesale, or to a retail establishment.
Read the state Q and A
Read the Mississippi State Department of Health document Cottage Food Operations: Questions and Answers, updated September 2023.
If you are still shaping your plan, our guide to cottage food laws in Missouri and our home bakery app roundup can help you compare rules and tools. Neither one replaces the Mississippi State Department of Health guidance for your Mississippi kitchen.
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Common questions
Do I need a permit to sell cottage food in Mississippi?
No. Mississippi requires no permit, registration or fee to operate a cottage food business as long as the operation stays within the rules, including the $35,000 annual sales cap.
Can I sell my cottage food products online in Mississippi?
No. Under Mississippi Code section 75-29-951, a cottage food operation may not sell cottage food products over the Internet, by mail order, or at wholesale or to a retail establishment.
Can I advertise my cottage food products in Mississippi?
Yes. The Mississippi statute does not prohibit the advertising of cottage food products.
What foods count as cottage food in Mississippi?
Cottage food products are non-potentially hazardous foods made in the kitchen of a private home. They must not require time and/or temperature controls for safety.
Who oversees cottage food in Mississippi?
The Mississippi State Department of Health oversees Mississippi cottage food products.
What is the sales cap for Mississippi cottage food?
The annual sales cap is $35,000.
Sources
General information, not legal advice. Check the Mississippi State Department of Health and the statute before you sell.