Cottage food rules
Cottage Food Laws: What They Are and How They Work
A plain answer to what cottage food laws are and what they let you sell from home.
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What to remember
- A cottage food law is a state exemption, not a federal program.
- It covers low-risk, shelf-stable foods like baked goods, jams, and candy.
- Every state and DC has one, but the rules differ from state to state.
- Your state sets the licensing, labeling, sales limits, and allowed foods.
- Local health departments may have their own layer on top.
If you bake from home and want to sell, this is the rule that makes it possible. It is why you can take orders for a birthday cake or a tray of cookies without renting a commercial kitchen. The catch is that the law is not one law. It is fifty plus versions of a similar idea, and the version that applies to you is the one where you live.
What a cottage food law actually covers
State guidance on cottage foods generally covers licensing, food safety regulations, labeling requirements, and which homemade foods are permissible. That means the law is doing more than giving you a green light. It is telling you what you may make, how you must label it, whether you need a permit, and how much you may sell.
The foods in scope are the low-risk ones. Think baked goods, jams, candy, and other shelf-stable items that do not need refrigeration to stay safe. That is the whole point of the exemption: these are foods that are unlikely to make someone sick if they are made carefully in a home kitchen.
Why the details differ so much place to place
Some states regulate cottage food producers directly through their agriculture department. The Georgia Department of Agriculture’s Retail Food section, for example, regulates cottage food producers, also known as home-kitchen food. In Virginia, 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.
Those two examples show the range. One state names cottage food producers as a category and regulates them. Another folds home kitchens into the broader food establishment rules. The practical effect for you is the same: find your state’s rule first, then check whether your county or city adds anything.
It helps to see how this plays out in real places. Our guides on Ohio cottage food laws and New Mexico cottage food laws walk through what home bakers can sell in each. If you are in Texas, the San Antonio guide covers the local layer.
What to check before you sell your first bake
Find your state's cottage food rule
Start with your state agriculture or health department. This is the rule that decides whether you can sell from home at all.
Confirm your foods are allowed
Check that the items you plan to bake are on the allowed list. Low-risk, shelf-stable foods are the usual fit.
Check licensing
Some states require a permit or registration. Others do not. Confirm which applies to you before you take an order.
Read the labeling requirements
State guidance covers labeling. Find out what has to appear on your packaging and any required wording about home production.
Note your sales limit
Sales limits vary by state. Know your cap so you can plan how much you take on.
Ask your local health department
County and city rules can sit on top of the state rule. One phone call saves a lot of guesswork.
Once you know your limits, the rest is running a small shop. That means pricing that leaves you a margin and a simple way to take orders. Brevl is one flat $20 a month with no cut of your sales, and you take card payments through your own Stripe or Square account, plus Venmo, Cash App, Zelle, and cash.
Try the free bake pricing calculator
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The rules are the starting line, not the finish. Get clear on what your state allows, label your bakes the way it asks, and keep your sales under the cap. Then you can focus on the baking and the customers.
Common questions
Do I need a commercial kitchen to sell baked goods from home?
No, not if your state's cottage food law covers what you are making. These laws exist so people can sell certain homemade foods without a commercial kitchen.
Is a cottage food law the same in every state?
No. Every state and DC has one, but requirements, licenses, sales limits, and the foods allowed all vary. Check your own state's rule.
What kinds of food does a cottage food law usually allow?
Low-risk, shelf-stable foods such as baked goods, jams, and candy are the typical examples. Your state publishes the list that applies to you.
Do I still have to label my bakes?
State cottage food guidance covers labeling requirements, so yes, expect to label. Confirm the exact wording and details with your state or local health department.
Is there a limit on how much I can sell?
Often, yes. Sales limits vary by state, so find your cap before you plan a big order.
Sources
This is general information about cottage food laws, not legal advice. Rules differ by state and by locality, and they change. Confirm what applies to you with your state agriculture or health department and your local health department before you sell.