Cottage food rules
How to Get a License to Sell Cakes: 2026 Rules by State
Which paperwork your state actually requires before you sell a cake, and the order to do it in.
On this page
What to remember
- Your state may call it a registration or a permit, not a license.
- Direct sales and store sales can sit in different tiers.
- Food safety certification can apply to both tiers.
- Your cake has to be on your state approved food list.
- Register before your first paid order, not after.
Knowing how to get a license to sell cakes is really a question about your state, and sometimes your county. The path is short once you know which office to call. This guide gives you the order to do things in, so you do not pay for a course or a permit you did not need.
What your state calls it
Search for cottage food in your state, not for a cake license. California runs its program under that name, and the county handles the registration. Your state page will tell you whether you register, apply for a permit, or need a full home bakery license.
If you are still deciding whether you need anything at all, start with Do I Need a License to Sell Baked Goods From Home. It walks through the cases where a registration is required and the narrow ones where it is not.
The steps, in order
Find your state page
Search your state department of agriculture or health site for cottage food. In California the program sits with the California Department of Public Health, and your county handles the registration.
Decide direct or indirect
Direct means you hand the cake to the customer. Indirect means a store or restaurant resells it. California Class A is direct only, and Class B adds indirect sales.
Take the food safety course
California requires food safety certification for cottage food operations, and it applies to Class A and Class B alike.
Check your cake against the approved list
California cottage food products must be non potentially hazardous and must comply with the Approved Cottage Food List.
Register with your county
File the county registration, keep a copy where you bake, and confirm your labeling and renewal dates with the same office.
Why the food safety course comes early
California requires food safety certification for cottage food operations, and it applies to Class A and Class B alike, according to foodhandlercert.org. That means the course is not optional for one tier and required for the other. Take it before you start taking orders so you are not selling while you wait.
Your cake also has to be allowed. Cottage food products in California must be non potentially hazardous and must comply with the Approved Cottage Food List, according to the California Department of Public Health. Check your frosting and filling against that list before you promise a flavor. Our guide to the CA cottage food approved list shows how to check it.
Class A or Class B
California cottage food tiers.
| Class A | Class B |
|---|---|
| Direct sales to customers only | Direct plus indirect sales |
| County registration | County registration |
| Food safety certification required | Food safety certification required |
California allows homemade food sales under two tiers, according to the Cottage Food Law Library. Class A covers direct to consumer sales only. Class B adds indirect sales through stores and restaurants. If every cake goes straight to a customer, Class A is the smaller step.
What one cake has to earn
Registration is only one cost. The other is the cake itself, and you cannot price it until you count ingredients, your time, and overhead together. Run your own numbers like this.
Say one cake uses $9 of ingredients. You pay yourself $15 an hour for two hours, which is $30. Your Brevl plan is $20 a month, and if you sell 10 cakes a month that is $2 a cake. Total cost is $41. At $60 a cake you keep $19, a margin of about 32 percent. At $45 you keep $4, and one wasted cake wipes out the profit on several orders.
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Mistakes that cost you money
The second mistake is buying the wrong tier. Class B adds indirect sales, so you only need it if a store or restaurant will resell your cakes. If every cake goes to a customer, you are paying for something you will not use.
The third is guessing at the rules from a group chat. A comment from a few years ago can send you to the wrong office. Read the state page, then call the county and confirm. The cottage food rules by state collect the state pages in one place.
Check these before you commit
Before you pay for anything, write down four things: which office handles your registration, which tier you need, whether food safety certification applies to you, and whether your cake is on the approved list. Then check what the whole thing costs. Our guide to how much a home bakery license costs covers the fees and the extras.
If your state does not offer a cottage food path, or your cake is not on the approved list, a full home bakery license may be the route instead. How to get a home bakery license explains when that bigger step is the only option.
Common questions
Do I need a license to sell cakes from home?
The answer depends on your state, and the paperwork may be called a registration or a permit instead of a license. California uses a county registration with Class A and Class B tiers. Check your state agriculture or health department page, then call your county office.
What is the difference between Class A and Class B in California?
Class A covers direct sales to customers only, such as markets and orders you hand over yourself. Class B adds indirect sales, which means a store or restaurant can resell your cakes. Both tiers need food safety certification, according to foodhandlercert.org.
Can I sell a cake that is not on the approved food list?
California cottage food products must be non potentially hazardous and must comply with the Approved Cottage Food List, according to the California Department of Public Health. If your cake or frosting is not on that list, the cottage food program is not the right path for it. Ask your county what your options are.
Do I need food safety certification?
California requires food safety certification for cottage food operations, and it applies to Class A and Class B alike, according to foodhandlercert.org. Other states set their own training rules, so confirm with your state or county before you pay for a course.
Where do I file the paperwork?
In California the registration goes through your county, not the state, according to the Cottage Food Law Library. Call your county office and ask who handles cottage food registration. Outside California, begin with your state department of agriculture or health and ask which office issues the registration for a home kitchen.
Sources
General information, not legal or tax advice. Rules differ by state and county, so confirm with your state or county office before you sell.