Cottage food rules
How to Get a Home Bakery License
What to sort out before you bake for paying customers, state by state.
On this page
What to remember
- Your state sets the rule, not a single national form.
- Some states license and inspect a home bakery, and some allow certain low-risk foods to be made at home without that inspection.
- What you bake matters. Food that is not potentially hazardous is treated differently from other food.
- Licenses or permits sit on top of federal requirements, not instead of them.
If you are still working out which route applies to you, start with the wider picture in cottage food laws in the United States before you fill in anything.
Your state decides what you need
In Ohio, a Home Bakery must be licensed and inspected by the Ohio Department of Agriculture, Division of Food Safety. That same Home Bakery is permitted to manufacture non-potentially hazardous bakery products such as cookies, breads, brownies, cakes, and fruit pies. So the license comes with a limit on what comes out of your oven.
Virginia goes at it from the other direction. Food establishments, including private homes that manufacture, process, pack, or hold food for sale, are subject to the Virginia Food and Drink Law and related regulations. It is unlawful in Virginia to operate as a food manufacturer, food storage warehouse, or retail food establishment until the operation has been inspected and issued a permit. Washington sits somewhere in between, with a Cottage Food Permit that allows a resident to make food that is not potentially hazardous, such as baked goods, candies, jams, jellies, preserves, fruit butters, and dry spice blends.
What the application usually asks for
Call your state food office first
Ask which permit covers what you actually bake. In Ohio that is the Ohio Department of Agriculture, Division of Food Safety. In Virginia it is VDACS. Get the name of the office and the person you spoke to.
Describe your bakes honestly
Say what you make now and what you plan to make next year. Ohio’s Home Bakery covers non-potentially hazardous bakery products such as cookies, breads, brownies, cakes, and fruit pies, and anything outside that may need a different permit.
Check the kitchen before the inspector does
Ask for the checklist they will use and walk your own kitchen against it. Fix what you can before the visit rather than after.
Send the application and the fee
Fees are set locally, so confirm the amount and how they want it paid. Our guide to how much a home bakery license costs covers what to ask.
Book the inspection
In Virginia you cannot operate until the inspection has happened and the permit has been issued, so do not take orders on a promise.
File the permit where you can find it
Keep the permit, the inspection sheet, and your label wording together in one folder, on paper and on your phone.
Paperwork is only half of it. Once you know what you are allowed to sell, you still have to price it so the baking pays. Start with how to apply for cottage food law if your state uses that route instead.
Once you are allowed to sell
The permission is the start line, not the finish. Set up how you take orders and how you get paid before the first customer asks, because a home baker who cannot take a card loses the sale to someone who can. Brevl takes card payments through your own Stripe or Square account, plus Venmo, Cash App, Zelle, and cash, and it works on a computer and on a phone. Recipes with real costing, ingredient inventory, and a weekly planner help you price and plan. We also set it up with you and move your old shop over, products, photos, reviews, and dates.
Try the free bake costing calculator
Free, no signup.
Before you spend on a permit, know what your bakes actually earn. Our guide to what you can sell from home under cottage food law helps you narrow the list. Keep in mind that in addition to FDA requirements, a food business is subject to other federal, state, and local requirements such as licenses or permits.
Common questions
Do I need a license to sell cakes from my home?
It depends on your state. Some states license and inspect a home bakery, and some allow certain low-risk foods to be made in a private home without that inspection. Confirm your state rule before you take a paid order.
What is the difference between a cottage food permit and a home bakery license?
A cottage food permit generally covers food that is not potentially hazardous. Washington's Cottage Food Permit, for example, allows a resident to make baked goods, candies, jams, jellies, preserves, fruit butters, and dry spice blends. A home bakery license is the fuller route some states use, with licensing and inspection.
Does a home bakery license cover everything I want to bake?
Not always. Ohio's Home Bakery is permitted to manufacture non-potentially hazardous bakery products such as cookies, breads, brownies, cakes, and fruit pies. If you want to make something outside that list, ask which permit covers it.
Who inspects a home bakery?
In Ohio it is the Ohio Department of Agriculture, Division of Food Safety. In Virginia, a private home that manufactures, processes, packs, or holds food for sale is subject to the Virginia Food and Drink Law and related regulations, and a permit is required before operating unless the food falls under the low-risk exemption.
How much does it cost?
Fees are set by your state or county and are not the same everywhere, so there is no single number. Ask the office that handles your application for the current fee before you budget for it.
Sources
- Ohio Department of Agriculture, Division of Food Safety, Home Bakery
- Ohio Home Bakery Fact Sheet
- Virginia Dairy and Kitchen Food Services Businesses, VDACS
- Virginia Food and Drink Law permit requirement, VDACS
- Virginia Kitchen Bill FAQ, Section 3.2-5130
- Washington State Cottage Food Permit, WSDA
- How to Start a Food Business, FDA
This is general information, not legal or tax advice. Rules differ by state and can change. Confirm with your state or local food authority before you sell.