Cottage food rules
Does Louisiana Have Cottage Food Laws? What You Can Sell
A plain answer on Louisiana cottage food rules, and what to check before you sell your first loaf.
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What to remember
- Louisiana’s cottage food rules are set out in state statute LRS 40:4.9.
- The law covers breads, cakes, cookies, and pies prepared in the home, with restrictions and conditions attached.
- Most home sellers start without a state license, but some foods or sales channels need a permit or registration.
- Food containing cannabidiol is not allowed unless the FDA approves CBD as a food additive.
- A bill, HB828, would raise the gross annual sales threshold for the law’s protections.
If you bake in your own kitchen in Louisiana and sell to neighbors, you are working inside a real law, not a gray area. The good news is that it is short and mostly sensible. It comes down to three things: what you make, where you make it, and how much you sell in a year. If the whole idea is new to you, start with cottage food laws: what they are and how they work before you read the statute itself.
What the Louisiana statute actually says
LRS 40:4.9 creates an exemption from certain Louisiana Department of Health food regulations for small, home-based operations. The statute sets restrictions, conditions, and requirements that apply to the preparation of breads, cakes, cookies, and pies in the home. That is the heart of it: a list of everyday bakes, made in your own kitchen, under conditions the law spells out. Read the statute text yourself at legis.la.gov rather than relying on a summary, including this one.
Do you need a license, a permit, or nothing at all
Most home food sellers in Louisiana can start without a state license. A permit or registration is reserved for certain foods or certain sales channels. That means the answer depends on what you bake and where you plan to sell it, so it is worth a phone call or an email to the Louisiana Department of Health before you take your first order. Our guide to a Department of Agriculture home bakery license explains how these permits usually work, so you know what questions to ask.
The sales cap, and what HB828 would change
The law is built around a gross annual sales threshold, and HB828 would increase the gross annual sales threshold under which a home-based preparer of low-risk foods may qualify for the protections of the statute commonly known as the cottage food law. Until a change like that passes, plan around the threshold as it is written today. Keep a simple running tally of what you take in across the year, not just what you keep after ingredients, because thresholds are usually written in gross sales.
One odd exception worth knowing
For preparation of cane syrup, the law treats the home as more than a dwelling. It also includes an open-sided structure on private property that shelters a cast iron kettle. If you make cane syrup, that sentence matters. If you bake cookies, it does not, but it is a good reminder that this statute was written for real Louisiana kitchens, not a generic template.
Read the statute text
Go to legis.la.gov and read LRS 40:4.9 yourself. It is short, and it is the version that counts.
Ask the health department about your foods
Confirm whether your bakes fall under the exemption or whether a permit or registration applies to your foods or your sales channel.
Track gross sales from day one
Start a running total the week you sell your first item, so you always know where you stand against the threshold.
Keep CBD out of your kitchen
Food containing cannabidiol cannot be sold under this Section unless the FDA approves CBD as a food additive.
Check before you scale up
If you add a new sales channel or a new kind of bake, check the rules again. What worked for a box of cookies may not cover everything.
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Louisiana bakers in neighboring states often ask how the rules compare, and the differences are smaller than people expect. Our look at Arkansas cottage food rules is a useful comparison if you sell across a state line or ship to family out of state.
Common questions
Can I sell cakes from my home kitchen in Louisiana?
The statute sets restrictions, conditions, and requirements for preparing breads, cakes, cookies, and pies in the home. Read LRS 40:4.9 and confirm with the Louisiana Department of Health that your specific bakes and sales channel are covered.
Do I need a license to sell home baked goods in Louisiana?
Most home food sellers can start without a state license. A permit or registration is reserved for certain foods or sales channels, so the answer depends on what you make and where you sell it.
Is there a sales limit under the Louisiana cottage food law?
The law works around a gross annual sales threshold. HB828 would increase the gross annual sales threshold under which a home-based preparer of low-risk foods may qualify for the statute's protections. Until that changes, plan around the threshold as written.
Can I sell baked goods made with CBD in Louisiana?
No. A preparer of low-risk foods under this Section may not sell any food containing cannabidiol unless the United States Food and Drug Administration approves cannabidiol as a food additive.
Where can I read the actual Louisiana cottage food law?
The text of LRS 40:4.9 is published on the Louisiana Legislature site at legis.la.gov. Read it there rather than relying on a blog summary, including this one.
Sources
General information, not legal advice. Rules change, so read the current statute at legis.la.gov and confirm with the Louisiana Department of Health before you sell from your own kitchen.