Cottage food rules
New Massachusetts Cottage Food Laws: What Home Bakers Need
A clear read on the Massachusetts cottage food rules, the local permit step, and what to check before you sell.
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What to remember
- Your home kitchen must be in your primary domestic residence, and sales must be direct to the consumer.
- You need approval and a valid permit from your local board of health unless the 105 CMR 590.010(F)(1) exception applies.
- Cottage food operations must comply with all applicable municipal law under 105 CMR 590.
- If you sell in another state, check federal law and the law of the state where you are selling.
The rules are layered. State code sets the definition and the permit rule, your local board of health handles approval, and municipal law still applies. If you have seen a post about a brand new Massachusetts cottage food law, compare it with the regulation text and the official FAQ before you change how you sell. Our guide to New Maryland Cottage Food Laws is a useful example of how another state lays out its rules, but do not assume another state’s rules carry over to Massachusetts.
What Massachusetts means by a cottage food operation
Massachusetts defines a cottage food operation by two limits: the food must be produced in the home kitchen of the person’s primary domestic residence, and it must be sold only directly to the consumer. The definition is in 105 CMR 590, the State Sanitary Code Chapter X. The state also publishes a Residential Kitchen Questions and Answers FAQ to help people comply with the rules for making and selling food from a kitchen in a residence. Read the FAQ with your own bakes in mind, then ask your board of health about anything that is not clear.
The permit and local approval step
Except as specified in 105 CMR 590.010(F)(1), a cottage food operation shall not sell or serve food unless it has been approved and has obtained a valid permit from the board of health. That makes your local board of health the first place to check before you take orders. 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.
What the permit rule does not cover
Massachusetts has a separate guidance for farms and agricultural businesses. The March 8, 2022 guidance says 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 that are stored and maintained in accordance with that guidance. That guidance is written for farms and agricultural businesses. If your home bakery is not a farm selling those items, do not treat the farm guidance as your permit.
Massachusetts also says that anyone who makes food in a residential kitchen and wants to sell it in another state should confirm compliance with both federal law and the state laws where they are selling. If you sell to a customer across state lines, check that state’s rules before you accept the order. Our guide to New California Cottage Food Laws is one example of the questions to ask, and our look at NC cottage food laws on Reddit shows why a comment thread is not a substitute for the code.
Where to check before you bake for sale
The Massachusetts regulation text is available as a downloadable regulation: 105 CMR 590.00, State Sanitary Code Chapter X, Minimum Sanitation Standards for Food Establishments. The state also publishes the Residential Kitchen Questions and Answers FAQ. Use those two sources together, then confirm your town’s process with your local board of health. If a social post says the rules changed, check the regulation and the FAQ before you change your labels, your prices, or your order form.
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Once you have your approval and permit, keep the business side simple. Write down what you sell, what you charge, and when you can bake. Keep your permit and your board of health contact where you can find them. If you are comparing apps for taking orders, our guide to the Home Bakery App is a fair place to start. The legal rules still come from 105 CMR 590 and your local board of health.
Common questions
Do I need a permit to sell baked goods from my home in Massachusetts?
Yes, unless the 105 CMR 590.010(F)(1) exception applies. A cottage food operation shall not sell or serve food unless it has been approved and has a valid permit from the board of health.
What counts as a cottage food operation in Massachusetts?
A person who produces cottage food products only in the home kitchen of their primary domestic residence and only for sale directly to the consumer.
Can I sell my home baked goods in another state?
Before you do, confirm that you comply with federal law and the state laws where you are selling. Massachusetts says anyone making food in a residential kitchen and selling it in another state should check both.
Does a farm exemption cover my home bakery?
The March 8, 2022 guidance says 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 stored and maintained under that guidance. That guidance is for farms and agricultural businesses, so check your own operation with the board of health.
Where can I read the Massachusetts rules?
The state publishes a Residential Kitchen Questions and Answers FAQ and the full text of 105 CMR 590.00 as a downloadable regulation.
Sources
- 105 CMR 590.00 State Sanitary Code Chapter X
- 105 CMR 590 State Sanitary Code Chapter X (download)
- Retail Food Code standards for permitted residential kitchens
- Residential Kitchen Questions and Answers
- Residential Kitchen Questions and Answers (download)
- Guidance for farms and agricultural businesses on cottage food and other food sales, March 8, 2022
This is general information, not legal advice. Confirm your own situation with your local board of health and, if needed, a Massachusetts lawyer.