Cottage food rules
Does Massachusetts Have Cottage Food Laws?
What Massachusetts asks of you before you sell your first bake from home.
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What to remember
- You need a license to sell cottage food from your Massachusetts kitchen.
- The food has to be made in the home kitchen of the place where you actually live.
- Sales are direct to the consumer.
- There is no cap on how much you can earn.
- Your city or town still gets a say on top of the state rules.
Every state draws its own lines, and the lines decide what goes on your menu and who you can sell to. If you bake in a neighboring state or you are comparing what other home bakers deal with, the guides for Maine and Maryland show how differently two nearby states handle the same questions.
What Massachusetts counts as a cottage food operation
The definition in 105 CMR 590 is narrow in two ways. The food has to come out of the home kitchen of your primary domestic residence, and it has to be sold directly to the consumer. Massachusetts groups cottage food operations with non-exempted bed and breakfast operations as permitted retail residential kitchens, and those kitchens must comply with all applicable municipal law. In plain terms, your city or town still has a say in how you run things.
What you can sell, and what sits outside the rules
Massachusetts cottage food rules allow baked goods such as breads, cakes, and cookies that are non-TCS, along with jams, jellies, and confections and candies. Those are the categories to build your menu around. Anything you cannot place in one of them is worth a question to your board of health before you take an order for it.
There is a separate exemption you may hear about, and it is easy to misread. A Retail Food Code permit is not required for farms selling whole, uncut fresh fruits and vegetables, unprocessed honey, pure maple products, or farm fresh eggs that are stored and managed properly. That language is written for farms, so do not assume it covers a loaf or a cake baked in your kitchen.
Getting ready before your first order
Read the state's own answers
Massachusetts publishes a Residential Kitchen Questions and Answers FAQ to help people comply with the rules for food made in a kitchen in a residence. Start there so your questions are specific when you call.
Call your town
Because cottage food operations must comply with all applicable municipal law, your local board of health is the place to confirm what your city or town asks for.
Check the kitchen you bake in
The definition covers the home kitchen of your primary domestic residence. Make sure the kitchen you plan to bake in is the one the state is describing.
Match your menu to the allowed list
Breads, cakes, and cookies that are non-TCS, plus jams, jellies, confections, and candies. Build your opening menu inside those categories.
Ask about selling over state lines
If you plan to sell outside Massachusetts, confirm your setup before you take the order, not after.
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Selling beyond Massachusetts
Anyone who makes food in a residential kitchen in Massachusetts and wants to sell it in another state should confirm they are in compliance with both federal law and the state laws where they are selling. That is two sets of rules, not one, and it is worth sorting out before a customer in another state sends you money. Once you are clear on what you can sell, the next job is knowing what each bake costs you, and a fair look at home bakery apps can help you decide what to run your shop on.
- Does Maine Have Cottage Food Laws? What Home Bakers Can Sell
- Does Maryland Have Cottage Food Laws? What You Can Sell
- Home Bakery App: A Fair Roundup for Home Bakers
Common questions
Do I need a license to sell baked goods from my Massachusetts home kitchen?
Yes. Massachusetts cottage food rules require a license for a cottage food operation, which is food produced in the home kitchen of your primary domestic residence and sold directly to the consumer.
Is there a limit on how much I can earn?
No. Massachusetts cottage food rules have no income limit, so there is no earnings ceiling written into the rules.
What foods can I sell?
Baked goods such as breads, cakes, and cookies that are non-TCS, along with jams, jellies, and confections and candies.
Do my city or town rules still apply?
Yes. Cottage food operations, as permitted retail residential kitchens, must comply with all applicable municipal law, so check with your local board of health as well as the state.
Can I sell my bakes in another state?
Massachusetts says anyone making food in a residential kitchen who wants to sell in another state should confirm they comply with both federal law and the state laws where they are selling.
Where can I read the state's own explanation?
Massachusetts publishes a Residential Kitchen Questions and Answers FAQ to help individuals comply with state regulations for food made in a kitchen in a residence.
Sources
- 105 CMR 590 State Sanitary Code Chapter X, Minimum Sanitation Standards for Food Establishments
- Retail Food Code Standards for Permitted Residential Kitchens
- Guidance for Farms and Agricultural Businesses on Cottage Food and Other Food Sales
- Residential Kitchen Questions and Answers
- Residential Kitchen Questions and Answers (PDF)
- Massachusetts Cottage Food License Requirements
This is general information about state rules, not legal advice. Rules change and your city or town may add its own requirements, so confirm the details with the Massachusetts Department of Public Health and your local board of health before you sell.