Federal Cottage Food Laws: What Home Bakers Need to Know

On this page

1. Why there is no single federal cottage food law
2. What the federal rules do cover
3. Find the rules for your state
4. Before you take your first paid order

Why there is no single federal cottage food law

Local, state, tribal, and federal regulators use the FDA Food Code as a model to develop or update their own food safety rules and to stay consistent with national food regulatory policy. That is the thing to hold onto: the federal document is a model, and your state writes the rules you actually have to follow. The Association of Food and Drug Officials maintains a cottage food regulatory guidance page with detailed state specific laws and guidance for cottage food production. That page is where your real answers live.

State cottage food guidance covers topics like licensing, food safety regulations, labeling requirements, and which homemade foods are allowed. Those four things decide most of what you can and cannot do. Whether you need a permit, what you may bake and sell, what has to be printed on your label, and how you handle food in your own kitchen. Two bakers with the same recipe can be working under very different rules depending on the state line they live behind.

What the federal rules do cover

The federal side is not empty. The FDA publishes a section of guidance and regulatory information for food and dietary supplements that links to Federal Register documents and food safety program information. Separately, the Code of Federal Regulations Title 21 Part 150 contains federal standards for fruit butters, jellies, and preserves. If you make and sell those kinds of products, those standards are worth reading, and your state rules sit on top of them.

Find the rules for your state

Start with the Association of Food and Drug Officials cottage food resource page, which collects laws, state regulations, and other information about cottage foods. Then read the guidance for your own state end to end, because the details are where people get caught. We have plain language walkthroughs for several states, including Connecticut cottage food law, cottage food regulations in Georgia, and the cottage food license in PA. If your state is not covered yet, the AFDO pages are the place to go next.

Before you take your first paid order

1. 1

   Read your state guidance

   Confirm which homemade foods your state allows you to make and sell from home.

2. 2

   Check the licensing question

   Find out whether your state requires a license or permit for cottage food production, and what it involves.

3. 3

   Get your label right

   Write your label to match your state labeling requirements before you print a single sticker.

4. 4

   Set your food safety routine

   Follow the food safety rules your state sets out for home kitchens, every batch, not just the first one.

5. 5

   Keep your product list current

   Stay inside what your state allows, and revisit the list when the guidance changes.

Once you know what you can sell, the next question is what to charge. Brevl works out the real cost of each recipe so your prices hold up when your ingredient costs move.

Common questions

Is there a federal cottage food law?

There is no single federal cottage food law for home bakers. Cottage food rules are state specific, and the Association of Food and Drug Officials keeps a page collecting state laws and guidance.

Does the FDA Food Code apply to my home kitchen?

The FDA Food Code is a model that local, state, tribal, and federal regulators use to develop or update their own food safety rules. Your state rules are the ones you have to follow.

What do state cottage food rules usually cover?

State guidance covers licensing, food safety regulations, labeling requirements, and which homemade foods are allowed.

Are jellies and preserves covered by federal standards?

Yes. The Code of Federal Regulations Title 21 Part 150 contains federal standards for fruit butters, jellies, and preserves.

Where do I find my own state rules?

The Association of Food and Drug Officials maintains a cottage food regulatory guidance page with detailed state specific laws and guidance, plus a resource page collecting cottage food laws and regulations.

Sources

1. FDA Food Code
2. Cottage Foods Laws and Guidance (AFDO)
3. Cottage Foods Resource Page (AFDO)
4. FDA Guidance and Regulatory Information for Food and Dietary Supplements
5. 21 CFR Part 150: Fruit Butters, Jellies, and Preserves

This is general information, not legal advice. Cottage food rules are set state by state and can change. Confirm what applies to your kitchen with your own state's food program before you sell.