Cottage food rules
Cottage Food Laws Website: Where to Check the Rules
A plain way to find the official rules page and know what to read on it.
On this page
What to remember
- Go to the government page, not a summary.
- Read the law or the agency guidance for your state.
- Check what the page says about your home kitchen and direct sales.
- Save the link and the date you checked it with your business notes.
The pages in our files show the pattern: a state agency publishes a cottage food page, a law page, or a guidance document. Virginia’s Department of Agriculture and Consumer Services publishes a kitchen bill FAQ, Florida’s Department of Agriculture and Consumer Services has a cottage food page, and the Georgia Department of Agriculture’s Retail Food section regulates cottage food producers. Washington publishes its cottage food law through the state legislature. If you are starting with the national picture, read cottage food laws in the USA first, then come back to your state page.
Start with the agency, not a search result
Virginia’s kitchen bill FAQ says Section 3.2-5130 of the Code of Virginia allows certain low risk foods, acidified vegetables, and honey to be made from a private home without VDACS inspection, with certain restrictions. The same department says food establishments, including private homes, that manufacture, process, pack or hold food for sale are subject to the Virginia Food and Drink Law and related regulations. That is why you read the whole page, not just the first paragraph.
What to look for on the page
Find the definition
Look for how the page defines a cottage food operation. Washington law defines a cottage food operation as a person who produces cottage food products only in the home kitchen of that person’s primary domestic residence in Washington and only for sale directly to the consumer.
Check the allowed foods
Virginia’s FAQ describes certain low risk foods, acidified vegetables, and honey as foods that can be made from a private home without VDACS inspection, with certain restrictions.
Check samples and sales
Florida’s cottage food page says operators can serve free samples for tasting, but the samples must be prepackaged.
Check tax rules
Florida’s page says a cottage food operation must comply with all state or federal tax laws, rules, regulations or certifications.
Find the office that regulates you
The Georgia Department of Agriculture says its Retail Food section regulates cottage food producers, also known as home-kitchen food producers.
Save the guidance
South Carolina’s Home-based Food Production Law guidance document was developed to provide clear and consistent information about the law for home-based food producers.
Use the page to set your own limits
A good law page answers three questions for your kitchen: what you can make, where you can sell it, and what extra steps apply. South Carolina’s guidance document was developed to provide clear and consistent information about the law for home-based food producers. That is the kind of page to save with your business notes.
If you sell in more than one state, check each state’s official page. Our guides can help you start with Cottage Food Laws in the US and Cottage Food Laws in the USA. If you see a claim in a forum, read Cottage Food Laws on Reddit before you act.
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Common questions
Which website has the cottage food laws for my state?
The one run by the agency that regulates food in your state. In our files, examples include the Virginia Department of Agriculture and Consumer Services, the Florida Department of Agriculture and Consumer Services, the Georgia Department of Agriculture, and the Washington State Legislature.
Can I trust a summary page?
Use a summary to find the law or guidance, then read the official page it links to. Virginia's kitchen bill FAQ and South Carolina's Home-based Food Production Law guidance document are examples of agency published explanations.
What should I check first?
Start with the definition and the allowed foods. Washington law defines a cottage food operation by its home kitchen and direct sales. Virginia's FAQ describes certain low risk foods, acidified vegetables, and honey as foods that can be made from a private home without VDACS inspection, with certain restrictions.
Do samples count as sales?
Florida's cottage food page says operators can serve free samples for tasting, but the samples must be prepackaged.
Do I still need to handle taxes?
Florida's page says a cottage food operation must comply with all state or federal tax laws, rules, regulations or certifications. Check your own state's official page for the wording that applies to you.
What if I sell in another state?
Check that state's official page too. Our guide to [Cottage Food Laws in the US](/blog/cottage-food-laws-us/) can help you compare, but the official page is the one to trust.
Sources
This is general information, not legal advice. Check your state's official page for the rules that apply to you.