Cottage food rules
Does Alaska Have Cottage Food Laws? What Home Bakers Can Sell
What Alaska's homemade food exemption allows, and what to check before you sell.
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What to remember
- Alaska’s exemption for homemade food is state law, AS 17.20.332.
- Food sold under the exemption does not need a state food permit or inspection.
- Cities and military installations in Alaska may add their own requirements.
- Alaska sets no dollar limit on cottage food sales.
If the whole idea is new to you, start with what cottage food laws are and how they work. The short version is that a state lets you make certain low risk foods in your own kitchen and sell them without a full food license. Alaska’s version has a name of its own, the Exemption for Homemade Food, and it lives in state law as AS 17.20.332.
What Alaska’s homemade food exemption covers
Alaska’s rules trace back to June 25, 2012, when new Alaska Food Code regulations were adopted to allow the sale of non-potentially-hazardous foods directly to the consumer without a permit, if certain conditions are met. Two phrases in that sentence carry most of the weight. The food has to be non-potentially-hazardous, and it has to be sold directly to the consumer. Read the conditions on the state page yourself rather than guessing at them.
The Alaska Department of Environmental Conservation keeps a cottage food page with the current cottage food definitions and regulations. That is the page to open before you print a single label, because it is where the state keeps the details current. The department has also conducted public scoping for cottage food regulation updates, which tells you the details are a moving target rather than a list carved in stone.
No dollar cap on Alaska cottage food sales
Alaska sets no dollar limit on cottage food sales. That is a real advantage for a home baker, because there is no statutory ceiling that forces you to stop taking orders once you hit a number. The ceiling is your kitchen and your time. That makes planning and pricing the actual constraint on your business, which is a much better problem to have than a cap you cannot cross.
Rules that may still change
In April 2022, Governor Dunleavy introduced HB 415, a bill relating to the Alaska Food Freedom Act. A bill being introduced is not the same as a law being passed. Before you rebuild your menu or your prices around a change, check whether it actually became law, then read the Department of Environmental Conservation cottage food page again for the current definitions.
If you have read about home bakery licensing in other states, it helps to know what that license actually covers. A Department of Agriculture home bakery license is a separate question from Alaska’s exemption, and it is worth ten minutes so you understand what you are and are not signing up for. For a sense of how much state rules vary, compare this with cottage food laws in South Dakota, where the limits look nothing alike.
Before your first sale
Work through the same short list every Alaska home baker should run. Read the state cottage food page for the current definitions. Confirm the food you plan to sell is non-potentially-hazardous and that you are selling directly to the consumer. Then check whether your city or installation adds anything on top. Keep a copy of what you found, so that if a customer or a market manager asks, you can answer in one minute instead of one week.
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- Cottage Food Laws: What They Are and How They Work
- Department of Agriculture Home Bakery License: What to Know
- Cottage Food Laws in South Dakota: What Home Bakers Can Sell
Common questions
Do I need a permit to sell baked goods from my home in Alaska?
Homemade food products sold under Alaska's homemade food exemption do not require a state food permit or inspection. Local jurisdictions, including cities and military installations, may have additional requirements, so confirm with yours before you sell.
Is there a sales limit on cottage food in Alaska?
No. Alaska sets no dollar limit on cottage food sales, so the limit on how much you sell is your kitchen and your time rather than a cap in the law.
What can I sell under Alaska's exemption?
The 2012 Alaska Food Code regulations allowed non-potentially-hazardous foods to be sold directly to the consumer without a permit if certain conditions are met. The Department of Environmental Conservation cottage food page carries the current definitions, so check it for your specific item.
Can my city add rules on top of the state exemption?
Yes. Local jurisdictions in Alaska, including cities and military installations, may have additional requirements for selling homemade food. A state exemption does not override a local rule.
Are Alaska's cottage food rules changing?
In April 2022, Governor Dunleavy introduced HB 415, a bill relating to the Alaska Food Freedom Act, and the Department of Environmental Conservation has conducted public scoping for cottage food regulation updates. A bill being introduced is not a law being passed, so confirm the current status before you change how you sell.
Sources
This is general information about Alaska's homemade food rules, not legal advice. Rules and pending bills can change. Confirm the current requirements with the Alaska Department of Environmental Conservation and your local jurisdiction before you sell.