Cottage food rules
Cottage Food License in Ohio: What Home Bakers Need
No license and no inspection, but there are still rules on what you bake, how you label it, and where it can go.
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What to remember
- No license to apply for and no kitchen inspection from the Ohio Department of Agriculture.
- Your bakes have to be on the approved list, and bakery products have to be non-potentially hazardous.
- Every food product you sell needs a label.
- Cottage food products may only be sold in Ohio.
- The state can sample your products.
Most home bakers start with the same question: where do I send the application? In Ohio there is no license to apply for, because cottage food operations are exempt from licensing. That does not mean anything goes. The rules that do apply are about what you make, what goes on the label, and where the food can go. If you bake in another state, or you are comparing notes with a friend elsewhere, our guides to Massachusetts and Georgia walk through how those states handle it.
What a cottage food operation means in Ohio
Ohio law uses a specific name for what you are doing. A cottage food production operation is defined in Chapter 3715 of the Ohio Revised Code, and it is exempt from inspection and licensing by the Ohio Department of Agriculture. That same operation still has to comply with Chapter 901:3-20 of the Ohio Administrative Code. In plain terms, the state is not going to inspect your kitchen before you sell your first loaf, but the food you sell is still covered by rules, and those rules are the part worth reading twice.
Which bakes you can sell
The approved list lives in rule 901:3-20-04. It covers non-potentially hazardous bakery products, jams, jellies, and candy. Bakery products have to be non-potentially hazardous to count, so check your product against that wording before you build a menu around it. Jams and jellies are named separately, and candy is named too, with one carve out that catches people out.
Labels, and staying inside Ohio
Every cottage food product has to be labeled. Chapter 3715 of the Ohio Revised Code requires a cottage food production operation to label each of its food products, and the Ohio Department of Agriculture notes that properly identified and labeled products may be sold directly. The same fact sheet is clear about reach: cottage food products may only be sold in Ohio. So a labeled box handed straight to a customer in your town is the shape of the thing, and a box shipped over the state line is not.
With no inspection to schedule and no license to renew, the work that is left is the work of running a small baking business. Choosing what to make, costing it properly, and getting orders to people takes more of your week than the paperwork ever will.
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Your first steps
Check your product against the list
Rule 901:3-20-04 covers non-potentially hazardous bakery products, jams, jellies, and candy, without fresh fruit dipped in chocolate or other coatings.
Label every product
Chapter 3715 of the Ohio Revised Code requires a cottage food production operation to label each of its food products.
Sell in Ohio, and sell directly
Cottage food products may only be sold in Ohio, and properly identified and labeled products may be sold directly.
Expect sampling
Your products are subject to food sampling by the director of agriculture or the director’s representative under rule 901:3-20-03.
Stay current with the code
Your operation must comply with Chapter 901:3-20 of the Ohio Administrative Code, so check the rule text before you add a new product.
If you are baking for family in another state, or you just want to see how differently this can be set up, our guides to Connecticut and Arizona cover how those states handle it.
Common questions
Do I need a cottage food license in Ohio?
No. A cottage food production operation is exempt from inspection and licensing by the Ohio Department of Agriculture.
What foods can I sell as a cottage food operation in Ohio?
Rule 901:3-20-04 lists non-potentially hazardous bakery products, jams, jellies, and candy. Fresh fruit dipped in chocolate or other coatings is not included in the candy category.
Do I have to label my products?
Yes. Chapter 3715 of the Ohio Revised Code requires a cottage food production operation to label each of its food products, and properly identified and labeled products may be sold directly.
Can I sell my bakes outside Ohio?
No. Cottage food products may only be sold in Ohio.
Can the state check my food?
Yes. All cottage food products covered by rule 901:3-20-04 are subject to food sampling conducted by the director of agriculture or the director's representative.
Will my kitchen be inspected?
No. A cottage food production operation is exempt from inspection and licensing by the Ohio Department of Agriculture, though it still must comply with Chapter 901:3-20 of the Ohio Administrative Code.
Sources
This is general information, not legal advice. Rules can change, so confirm the current requirements with the Ohio Department of Agriculture before you sell.