Cottage Food Laws in New Hampshire: What to Know

On this page

1. What counts as a homestead food operation
2. The freeze-dried rule that needs a license
3. Where to confirm before you sell

If you have been putting off selling because you assumed a home kitchen was off limits, this is good news. New Hampshire is one of the states that lets you make and sell food from home. The state health department runs the program and publishes a set of questions and answers written for people exactly like you. Read that document before you bake your first sale batch. It is the closest thing to a straight answer you will get, and it is free.

What counts as a homestead food operation

The rules describe homestead food as non potentially hazardous products prepared in the operator’s primary home kitchen. That phrase is doing a lot of work, so take it slowly. Your primary home kitchen means the kitchen you actually cook in, not a second setup in a garage or a shed. Non potentially hazardous is the safety test, and it is the part worth checking carefully against the state’s own list rather than guessing. When you are ready to build out your menu, it helps to know how to price your bakes before you commit to a product list, because some items cost far more in time than they look.

The freeze-dried rule that needs a license

This is the one most home sellers miss. Under RSA 143-A:12, homestead food operations that process and sell freeze-dried foods from the homestead residence, at the owner’s own farm stand, at farmers markets, or at retail food stores must be licensed. If freeze-dried candy or fruit is part of your plan, budget time for that license before you advertise. If you are still choosing what to sell, the New Hampshire cottage food guide walks through the wider picture, and the Maine comparison is useful if you sell near a state line and want to see how neighbors handle it.

Where to confirm before you sell

Rules get updated, and this guide is a starting point, not a substitute for the state’s own words. Go to the NH Department of Health and Human Services homestead food page and read the FAQ document they publish for homestead food operations. Both are linked below. Keep a copy of what you read, note the date, and check back before each season. When you are ready to take orders, set up your shop so your menu, photos, and prices live in one place you control.

• New Hampshire homestead food operations, NH DHHS
• Homestead food FAQ, NH DHHS
• RSA 143-A:12, New Hampshire General Court

Common questions

Can I sell baked goods from my home kitchen in New Hampshire?

Yes. New Hampshire allows home food manufacturing, and the homestead food rules cover non potentially hazardous products prepared in your primary home kitchen.

Do I need a license to sell freeze-dried food in New Hampshire?

Under RSA 143-A:12, homestead food operations that process and sell freeze-dried foods from the homestead residence, at the owner's own farm stand, at farmers markets, or at retail food stores must be licensed.

Can I sell homemade dog treats under the homestead food law?

No. The law applies to human food only. Pet treats are not included, and pet food is regulated by the NH Department of Agriculture, Markets & Food.

Where do I find the official New Hampshire rules?

The NH Department of Health and Human Services publishes a homestead food operations page and a frequently asked questions document written specifically for homestead food operations.

Does New Hampshire allow home food manufacturing at all?

Yes. Many states do not allow home food manufacturing, but New Hampshire does allow it.

Sources

1. Homestead Food Operations, NH Department of Health and Human Services
2. Homestead Food FAQ, NH Department of Health and Human Services
3. RSA 143-A:12, New Hampshire General Court
4. New Hampshire cottage food rules overview

This is general information about New Hampshire rules, not legal or tax advice. Rules change, so confirm details with the NH Department of Health and Human Services before you sell.