Cottage food rules
Does Oregon Have Cottage Food Laws?
A clear look at Oregon's Cottage Food Exemption, what you can sell, and when you need a license.
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What to remember
- Oregon’s Cottage Food Exemption lets some homemade food sell without a license.
- Baked goods and confectionery items can qualify if they are not time/temperature controlled for safety.
- A gross sales cap applies.
- Acidified and lacto-fermented foods are not covered.
- Food that does not meet the exemption needs a domestic kitchen bakery or food processing license.
Oregon’s Cottage Food Exemption is meant to expand opportunities and remove barriers for small-scale food establishments. It also gives rural communities access to locally produced food. In 2023 the Oregon Legislature passed a law creating new small-business opportunities for bakers, chefs, and local food producers through the exemption.
What Oregon’s Cottage Food Exemption covers
Oregon’s rules say cottage foods may be exempt if the producer makes baked goods, confectionery items, or other foods that are not time/temperature controlled for safety, as described in OAR 603-025-0311. That is the line to check first. A cake, a tray of cookies, or a box of fudge may fit if it does not need refrigeration. A food that needs time or temperature control does not.
The exemption is not a free pass for every homemade food. Acidified and lacto-fermented foods such as pickles, salsa, sauerkraut, and kimchi are not covered by Oregon’s Cottage Food Exemption and are reserved for a separate farm direct pathway. If you want to sell those foods, do not assume the cottage food route applies.
When you need a license instead
Anyone who wants to sell food made in their home kitchen that does not meet the Cottage Food Exemptions must obtain and meet the requirements for a domestic kitchen bakery or food processing license. That is the key fork in the road. The exemption is for foods that fit the cottage food rules. The license path is for foods that do not.
ORS 616.723 sets an exemption from ORS 616.695 to 616.755 for certain food establishments, including rules on selling foods from a food establishment located in a residential dwelling such as a licensed domestic kitchen. The State Department of Agriculture enforces ORS 616.775 to 616.790 and 616.992 and has all powers conferred and imposed on it by law in connection with those statutes.
The practical result is simple. If your bake fits the cottage food list and stays under the cap, you can sell it without a license. If it does not fit, the license path is the one to follow. Do not use the exemption as a shortcut for a food that needs temperature control.
What to check before you sell
Start with the official Oregon Department of Agriculture materials, not a social media post. The ODA publishes a Cottage Food Exemption guide and an FAQ. Read both before you print labels or take a deposit. The rules include a gross sales cap, so know where you stand before your sales grow.
Keep your records simple. Track what you sell and when, so you can see your gross sales against the cap. If you are close to the cap, get clear on the next step before you cross it. The State Department of Agriculture enforces the Oregon statutes cited above. If you are comparing how other states handle homemade food, see Does Nevada Have Cottage Food Laws? and Does Montana Have Cottage Food Laws?. If you are also weighing tools for taking orders, Cottage CMS App is a fair look at one option.
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Common questions
Can I sell homemade baked goods in Oregon without a license?
Yes, if your baked goods fit the Cottage Food Exemption. The exemption can cover baked goods that are not time/temperature controlled for safety, as long as you stay under the gross sales cap. If your food does not meet the exemption, you need a domestic kitchen bakery or food processing license.
What foods are not covered by Oregon's Cottage Food Exemption?
Acidified and lacto-fermented foods such as pickles, salsa, sauerkraut, and kimchi are not covered. They are reserved for a separate farm direct pathway.
Is there a sales limit?
Yes. Oregon's Cottage Food Exemption applies only if you stay under a gross sales cap. Check the official ODA materials for the current cap.
Do I need a license for a home kitchen bakery in Oregon?
Anyone who wants to sell food made in their home kitchen that does not meet the Cottage Food Exemptions must obtain and meet the requirements for a domestic kitchen bakery or food processing license.
Did Oregon change its cottage food rules in 2023?
In 2023 the Oregon Legislature passed a law creating new small-business opportunities for bakers, chefs, and local food producers through Oregon's Cottage Food Exemption.
Sources
This is general information about Oregon cottage food rules, not legal advice. Check the current official rules and ask the Oregon Department of Agriculture before you sell.