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Cottage food rules

Cottage Food Laws in Portland, Oregon: What to Know

Know what Oregon's cottage food rules allow before you sell your first bake from home.

On this page
  1. What the exemption covers
  2. The gross sales cap
  3. What to confirm before you sell
  4. When you need a license instead
Hands kneading dough on a floured kitchen counter
What you can sell from home, and the licenses and labels to check.

What to remember

  • Oregon has a Cottage Food Exemption for certain foods made in a home kitchen.
  • Baked goods and confectionery items can qualify if they are not time or temperature controlled for safety.
  • The exemption only applies while you stay under the gross sales cap.
  • Foods that do not meet the exemption need a domestic kitchen bakery or food processing license.
  • The exemption is meant to remove barriers for small food producers and give rural communities access to local food.

If you are baking in Portland and taking orders from home, the rule to read first is Oregon’s Cottage Food Exemption. The Oregon Legislature passed the law in 2023 to create new small business opportunities for bakers, chefs, and local food producers. The state says the exemption expands opportunities and removes barriers for small scale food establishments. The cottage food laws by state guide is a useful place to see how Oregon fits with other states. Then come back to the Oregon sources below before you set your prices or take a deposit.

What the exemption covers

Oregon’s Cottage Food Exemption allows people to produce certain foods in their home kitchens. The Oregon Department of Agriculture lists baked goods, confectionery items, and other foods that are not time or temperature controlled for safety as foods that may be exempt when they are distributed to the public under OAR 603-025-0311. The rule starts with the food you make. A cookie or a confectionery item is a different question from a food that needs time or temperature control.

The gross sales cap

Oregon’s Cottage Food Exemption lets you sell non-perishable homemade food without a license as long as you stay under a gross sales cap. The source describes it as a gross sales cap. Keep a simple record of every order and every payment so you know where you stand. Before you set your prices for a season, confirm the current cap with the Oregon Department of Agriculture. The home bakery app roundup can help you think through how you will track orders and payments as you grow.

What to confirm before you sell

  1. Check the food first

    Start with the food you want to sell. Oregon’s exemption covers baked goods, confectionery items, and other foods that are not time or temperature controlled for safety.

  2. Check the sales cap

    The exemption applies only while you stay under the gross sales cap. Confirm the current cap with the Oregon Department of Agriculture before you set prices.

  3. Check the license line

    If your food does not meet the exemption, the state says you need a domestic kitchen bakery or food processing license.

  4. Keep records

    Track orders and payments so you can see your gross sales and know when you are near the cap.

When you need a license instead

If your food does not meet the Cottage Food Exemptions, the state says you must obtain and meet the requirements for a domestic kitchen bakery or food processing license. That is the line to watch. The exemption is for certain foods, not for every home kitchen business. If you want to sell a food that is time or temperature controlled for safety, plan for the license path before you take orders.

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Common questions

Can I sell baked goods from my home in Portland without a license?

Oregon's Cottage Food Exemption lets you sell certain non-perishable homemade foods without a license if you stay under a gross sales cap. Baked goods and confectionery items can qualify when they are not time or temperature controlled for safety. Confirm the current details with the Oregon Department of Agriculture before you sell.

What foods does Oregon's Cottage Food Exemption cover?

The state lists baked goods, confectionery items, and other foods that are not time or temperature controlled for safety as foods that may be exempt under OAR 603-025-0311.

Is there a sales limit?

Yes. The exemption applies only if you stay under a gross sales cap. Confirm the current cap with the Oregon Department of Agriculture before you take orders.

What if my food does not meet the exemption?

The state says anyone who wants to sell food made in their home kitchen that does not meet the Cottage Food Exemptions must obtain and meet the requirements for a domestic kitchen bakery or food processing license.

Does the exemption help small producers?

The state says the Cottage Food Exemption expands opportunities and removes barriers for small scale food establishments and provides rural communities access to locally produced food.

Sources

  1. Oregon State University Extension: Oregon's Cottage Food Exemption
  2. Oregon Department of Agriculture: Cottage Food Exemption
  3. Oregon Department of Agriculture: Cottage Food Exemption FAQ
  4. Oregon Department of Agriculture: Food Licensing Without a License
  5. Cottage Food Law Library: Oregon

This is general information about Oregon's Cottage Food Exemption, not legal advice. Confirm the current rules with the Oregon Department of Agriculture before you sell.

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