Cottage food rules
Oregon Cottage Food Law: What Home Bakers Need to Know
Know when Oregon's Cottage Food Exemption covers you, and when you need a license instead.
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What to remember
- The rules are called the Cottage Food Exemption, and the state describes them as a way to remove barriers for small food businesses.
- All food vendors in Oregon need a food license unless they qualify for an exemption.
- Cottage foods must be stored and displayed separately from other foods, with a sign saying they are homemade.
- Selling food that does not meet the exemption means a domestic kitchen bakery or food processing license.
The rules sit in OAR 603-025-0320, titled Cottage Food Establishment Exemption, and the Oregon Department of Agriculture publishes a plain language summary alongside it. The state describes the exemption as a way to expand opportunities and remove barriers for small scale food establishments, and to give rural communities access to locally produced food. If you are still working out whether selling from home is for you, start with Oregon cottage food laws for the wider picture.
Who needs a license and who does not
In Oregon, all food vendors need a food license unless they qualify for an exemption. That is the whole logic of the cottage food rules. ORS 616.723 sets up an exemption from licensure and routine inspection for cottage food establishments that keep their food processing to the activities the rules allow. Stay inside those activities and the license requirement does not apply to you.
The exemption is a defined category rather than a loophole. The rule lists the activities a cottage food establishment may do, and the exemption applies to the establishments that limit themselves to those activities. Adding one product or one process that is not on the list can move you out of it.
Step outside them and licensing applies. The state is direct about this: anyone who wants to sell food made in their home kitchen that does not meet the Cottage Food Exemptions has to get and meet the requirements for a domestic kitchen bakery license or a food processing license. The Oregon Department of Agriculture issues several food safety licenses depending on the type of establishment and the product, so the right one depends on what you make.
At the market: keep it separate and sign it
The display rules are short and easy to get wrong. Cottage foods have to be stored and displayed separately from other foods. In the display area you need signage that clearly says the cottage foods are homemade and not prepared in an inspected food establishment. That sign is not a nice extra, it is part of the rule. Our guide to Oregon cottage food labels covers what to print and where to put it.
What to do before you take your first order
Read the state’s own documents rather than a summary, the Cottage Food Exemption document and the FAQ, and match what you plan to sell against the allowed activities. If it fits, you are exempt. If it does not, plan for the domestic kitchen bakery or food processing license before you take money. Write down what you sell and how you display it, so a busy Saturday does not turn into a scramble at the table.
It also helps to look at the licensing side even when you think you are exempt, so you know what the next step would be if your baking grows. The Oregon Department of Agriculture lists the food safety licenses it offers by type of establishment and product, which is the quickest way to see which route would apply to you.
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Common questions
Do I need a license to sell baked goods from my home in Oregon?
All food vendors in Oregon need a food license unless they qualify for an exemption. If your home kitchen stays inside the Cottage Food Exemption, you are exempt from licensure and routine inspection. If it does not, you need a domestic kitchen bakery license or a food processing license.
What is Oregon's cottage food law actually called?
It is the Cottage Food Exemption, written as OAR 603-025-0320 and titled Cottage Food Establishment Exemption. The state also publishes a plain language document and an FAQ explaining it.
What happens if my food does not meet the exemption?
Anyone who wants to sell food made in their home kitchen that does not meet the Cottage Food Exemptions must obtain and meet the requirements for a domestic kitchen bakery license or a food processing license.
Do I need a sign at my market table?
Yes. Cottage foods must be stored and displayed separately from other foods, and the display area needs signage clearly indicating that the cottage foods are homemade and not prepared in an inspected food establishment.
Where can I read the rules for myself?
Start with the Oregon Department of Agriculture's Cottage Food Exemption document and its FAQ, then the rule text itself at OAR 603-025-0320. The document also lists the substantial changes made since the 2016 version.
Sources
- Oregon Department of Agriculture: Cottage Food Exemption
- Oregon Department of Agriculture: Selling food without a license
- Oregon Department of Agriculture: Cottage Food Exemption FAQ
- OAR 603-025-0320: Cottage Food Establishment Exemption
- ORS 616.723: Cottage food establishments exemption
- Oregon Department of Agriculture: Food safety licensing
This is general information, not legal advice. Cottage food rules can change. Confirm the current requirements with the Oregon Department of Agriculture before you sell.