Cottage food rules
Massachusetts Cottage Food Laws: What Home Bakers Need
What Massachusetts asks of a home baker, in plain words.
On this page
What to remember
- You bake in the kitchen of the home where you actually live, and you sell straight to the person buying.
- The state Retail Food Code, 105 CMR 590, covers permitted residential kitchens, and your city or town rules apply on top of it.
- There is no state dollar limit on cottage food sales.
- Read the state’s Residential Kitchen Questions and Answers page before you take your first paid order.
If you bake from your own kitchen and hand the box straight to the person who ordered it, Massachusetts has a name for what you are doing. The rules are shorter than most bakers expect, but they live in a few different places, so it helps to know which page to read first. Bakers near a state line can compare notes in Maine cottage food laws.
Who counts as a cottage food operation
The state defines a cottage food operation as a person who produces cottage food products only in the home kitchen of that person’s primary domestic residence, and only for sale directly to the consumer. Two things carry the weight there: the kitchen has to be in the home where you live, and the sale has to go straight to the buyer. Under 105 CMR 590, the Retail Food Code, cottage food operations and non-exempted bed and breakfast operations, which the state calls permitted retail residential kitchens, must also comply with all applicable municipal law.
What the permit rules do not cover
A Retail Food Code permit is not required for farms selling whole, uncut fresh fruits and vegetables, unprocessed honey, pure maple products, or farm fresh eggs, as long as those items are stored and managed in line with the state guidance. If what you sell is mostly bread, cakes, or cookies, that exemption is not the one you are looking for, and the residential kitchen rules are the ones that apply to you.
Selling to someone in another state
If you make food in a Massachusetts residential kitchen and want to sell it in another state, the state says to confirm that you comply with both federal law and the laws of the state where you are selling. That is two checks, not one. A baker near the border may find that Maine’s cottage food license application asks for things Massachusetts does not, and the reverse is also true.
No dollar cap, so the limit is your week
Massachusetts sets no dollar limit on cottage food sales. The ceiling on growth is your own kitchen and your own time rather than a number written into the statute. That changes how you plan: instead of watching a sales threshold, you watch your oven schedule and your ingredient costs. When you want to see what a bake actually earns, a free pricing calculator is a quick place to start.
Try the free bake pricing calculator
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Read the state pages before your first sale
Mass.gov publishes a Residential Kitchen Questions and Answers page written to help people comply with state rules on producing and selling food made in a kitchen in a residence. Start there, then check your town. If you want to see how another state lays out its label rules, Kentucky cottage food labels is a useful comparison, and if you are still deciding how to take orders, home bakery app walks through the options fairly.
Common questions
Do I need a permit to sell baked goods from my home in Massachusetts?
A Retail Food Code permit is not required for farms selling whole, uncut fresh fruits and vegetables, unprocessed honey, pure maple products, or farm fresh eggs handled per the state guidance. For home baking, read the state's Residential Kitchen Questions and Answers page and check with your city or town before you sell.
Is there a sales limit on Massachusetts cottage food sales?
No. The state sets no dollar limit on cottage food sales, so the real limit is your kitchen and your time.
Can I sell my bakes to someone in another state?
The state says anyone who makes food in a Massachusetts residential kitchen and wants to sell it in another state should confirm they comply with both federal law and the laws of the state where they are selling.
Where do I find the state rules for home kitchens?
Mass.gov publishes a Residential Kitchen Questions and Answers page to help individuals comply with state regulations on producing and selling food made in a kitchen in a residence.
Do town rules really matter?
Yes. Under 105 CMR 590, cottage food operations and non-exempted bed and breakfast operations, called permitted retail residential kitchens, must comply with all applicable municipal law.
Sources
- 105 CMR 590 State Sanitary Code Chapter X, Minimum Sanitation Standards for Food Establishments
- Retail Food Code Standards for Permitted Residential Kitchens
- Residential Kitchen Questions and Answers
- Guidance for Farms and Agricultural Businesses on Cottage Food and Other Food Sales
- Residential Kitchen Questions and Answers (PDF)
- Massachusetts cottage food law library
This is general information, not legal or tax advice. Rules change and town rules vary, so confirm the current requirements with the Massachusetts Department of Public Health and your local health department before you sell.