Cottage food rules
Kansas City Cottage Food Laws: Missouri and Kansas
Know which state's rules cover your kitchen before you sell your first bake.
On this page
What to remember
- Kansas City runs across two states, and each state writes its own food rules.
- Missouri does not treat a cottage food operation as a food service establishment.
- Kansas allows direct sales of shelf stable foods at farmers markets and similar spots without a food establishment license.
- Only food facilities located in Kansas need a Kansas food safety license.
- In Missouri, local public health agencies still have authority under Chapter 192, RSMo.
Most people searching for Kansas City cottage food laws are standing in their own kitchen wondering what they are allowed to do. The answer changes depending on whether that kitchen is in Missouri or Kansas. If you are in the Missouri part of the metro, Jackson County cottage food laws are the next thing to read after this page.
Start with the state where your kitchen is
In Missouri, a cottage food production operation is not a food service establishment and is not subject to health or food code laws. That is the sentence that makes home baking possible on the Missouri side of the line. The Missouri Department of Health and Senior Services also publishes Home-Based Kitchen Food Production Guidance, which was developed to give standards, guidelines, and consistent information to people who provide safe, quality food to consumers.
That does not mean nobody is watching. The Missouri food safety standard is built on the model food code developed by the FDA, and local public health agencies in Missouri are granted authority under Chapter 192, RSMo. So the county or city health office near you can still have a say in how food is handled and sold.
The Kansas side of the line
Kansas adopted a new food code that took effect on June 2, 2023. If your kitchen is in Kansas, that is the code you are working against. For home bakers, the useful part is this: in Kansas, the direct-to-consumer sale of foods that do not require temperature control for safety or specialized processing is allowed at farmers markets and similar locations without a food establishment license.
Licensing follows the location of the kitchen. Only food facilities located in Kansas are required to have a Kansas food safety license, though all food businesses must still comply with federal and state regulations. If you bake in Kansas and drive your cakes across the line to a Missouri market, you have two sets of rules in the same car.
Before you take your first order
Work out which state your kitchen sits in, then which state each market or customer sits in, and write both down. If you are weighing a move or a second location, home bakery licenses and permits walks through the general landscape, and Joplin, Missouri cottage food laws covers another Missouri market a couple of hours down the road.
Once you know what you can sell and where, the rest is the everyday work of costing your bakes, planning a week of orders, and getting paid without chasing people for cash. Brevl handles recipes with real costing, ingredient inventory, and a weekly planner, and a real person answers when you get stuck, usually within minutes. You can try it free for 14 days.
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Common questions
Do I follow Missouri rules or Kansas rules in Kansas City?
Follow the rules of the state where your kitchen is. Then check the rules of the state where you actually sell, because a market across the line can bring a second set of requirements.
Do I need a food establishment license to sell bakes from home in Kansas?
In Kansas, direct-to-consumer sales of foods that do not require temperature control for safety or specialized processing are allowed at farmers markets and similar locations without a food establishment license. Foods outside that description are a different question, so check the state guidance for what you plan to make.
Is a cottage food operation in Missouri treated as a food service establishment?
No. Under Missouri law a cottage food production operation is not a food service establishment and is not subject to health or food code laws.
Does my local health department still have a say in Missouri?
Yes. Local public health agencies in Missouri are granted authority under Chapter 192, RSMo, and the state food safety standard is based on the FDA model food code.
Do I need a Kansas food safety license if I bake in Missouri?
Only food facilities located in Kansas are required to have a Kansas food safety license. All food businesses must still comply with federal and state regulations.
Sources
- Missouri Revised Statutes, Section 196.298
- Missouri Home-Based Kitchen Food Production Guidance
- Missouri food safety authority and regulation
- Missouri Department of Health and Senior Services food safety FAQ
- Kansas food safety laws, regulations, and code
- Kansas farmers markets and similar locations
- Kansas Department of Agriculture food safety FAQ
This is general information about cottage food rules in the Kansas City area, not legal advice. Rules change and local offices vary, so confirm the details with your state and local health authority before you sell.