Cottage food rules
Cottage Food Laws and Permits: What to Check First
A plain way to find out whether your state needs a permit before you sell a single bake.
On this page
What to remember
- Cottage food laws let some homemade foods be sold without a commercial kitchen.
- Not every food qualifies, even in states with cottage food laws.
- Permit requirements, licenses, and sales limits vary by state.
- At least one state, California, does not permit or register cottage food operations.
- Other states, like Virginia, require a permit before you serve food to the public.
If you have been baking for friends and neighbors and want to start charging, the word permit can stop you cold. It helps to know that the rules are written state by state, not one national rule. You can read a state example in our guide to Oklahoma cottage food rules or New York cottage food rules, and you will see how differently each one is built.
A permit means different things in different states
In California, the Department of Public Health does not permit or register Cottage Food Operations, though it does keep an approved list of cottage foods. That means there is no state cottage food permit to apply for, but there is still a list of what you are allowed to make.
In Virginia the picture is the other way around. It is unlawful to operate as a food manufacturer, food storage warehouse, or retail food establishment until the operation has been inspected and issued a permit. A Virginia Food Establishment Permit is issued once the facility is complete and the inspection is in compliance with the Virginia Department of Health Food Regulations, and anyone serving food to the public needs a permit unless they are exempt or fall under the Department of Agriculture and Consumer Services.
What to check before you bake for sale
Find your state rule
Start with the Association of Food and Drug Officials, which publishes state specific cottage food laws and guidance covering licensing, food safety rules, labeling, and which homemade foods are allowed.
Check whether your bake is on the allowed list
Cottage food laws allow certain homemade foods, but not every food qualifies. A cake may be fine where a custard pie is not.
Check the money limit
Cottage food guides compare revenue limits across all 50 states, and those limits differ. Know your number before you take a big order.
Check the permit, license, or inspection
Some states want a permit, some want an inspection, and some want neither for cottage foods. Confirm which one applies to you.
Check your label
Labeling requirements are part of the cottage food guidance in many states, so sort out your label before your first sale.
What the permit does not cover
A permit or a place on an approved foods list is not the whole job. Labeling requirements are part of the cottage food guidance many states publish, and a missing line on a label is one of the easiest things to get wrong. Our guide to cottage food laws labels walks through what has to appear.
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- Cottage food laws labels: what your label has to say
- Cottage Food Laws OK: what home bakers can sell
- Cottage Food Laws NYS: what home bakers can sell
- Cottage Food Laws NJ: what home bakers can sell
Common questions
Do I need a permit to sell baked goods from home?
It depends on your state. Some states require a permit, a license, or an inspection before you sell, and some, like California, do not permit or register cottage food operations at all. Check your own state rule before your first sale.
Does a cottage food permit let me sell any food I want?
No. Cottage food laws allow certain homemade foods to be sold without a commercial kitchen, but not every food qualifies. Check the allowed foods for your state.
Where do I find the rules for my state?
The Association of Food and Drug Officials publishes state specific cottage food laws and guidance covering licensing, food safety regulations, labeling requirements, and permissible homemade foods. Cottage food guides also compare revenue limits, permit requirements, and allowed products across all 50 states.
Are the rules the same in every state?
No. Cottage food laws vary by state in their requirements, licenses, and sales limits, so a rule that applies to a baker one state over may not apply to you.
Why does Virginia need a permit if other states do not?
In Virginia, any individual or entity that serves food to the public is required to obtain a permit unless it is exempt or falls under the jurisdiction of the Virginia Department of Agriculture and Consumer Services. The permit is issued once the facility is complete and the inspection is in compliance with the state food regulations.
Sources
- Association of Food and Drug Officials: Cottage Foods Laws and Guidance
- California Department of Public Health: Cottage Food Operations
- Virginia Department of Health: Food Safety in Virginia
- Virginia Department of Health: Food Application
- Virginia Department of Agriculture and Consumer Services: Food Businesses
- Homegrown: Cottage Food Laws by State
- Cottage Food License: Cottage Food Laws by State Requirements
- PropertyZoned: Cottage Food Laws by State Complete Guide
This is general information for home bakers, not legal advice. Cottage food laws differ by state and can change. Confirm the rules for your state with your state health department or agriculture department before you sell.