Research Your State's Cottage Food Laws

On this page

1. Start with a list that covers every state
2. What your own state’s page will tell you
3. Confirm the parts that cost money to get wrong

You do not need to read every state’s law. You need yours, written in plain words on one page you can look at while you bake. The good news is that the research is mostly a matter of knowing which questions to ask in which order. If labeling is part of what worries you, Oregon’s label requirements show how much of your answer ends up printed on a sticker.

Start with a list that covers every state

The fastest starting point is a comparison that puts every state side by side. One 51-jurisdiction table covers cottage food rules for all 50 states plus DC, including registration, inspection, training, the annual sales cap, the allowed-foods model, and online selling. A separate 50-state directory lists license requirements, income limits, allowed foods, shipping rules, and labeling requirements for each state. Read your row first, then read the rows of two nearby states so you can see which details actually vary.

1. 1

   Find your state's row

   Open the comparison table and read only your state. Do not skim the whole country, it will only confuse you.

2. 2

   Note the allowed-foods model

   Write down which foods your state permits. Some states name categories like baked goods, candies, jams, jellies, and preserves.

3. 3

   Check registration, inspection, and training

   Seventeen jurisdictions require no state registration. Note whether yours is one of them, and whether inspection or a training course applies.

4. 4

   Write down the annual sales cap

   Put the number at the top of your page. It decides how big you can grow before anything else changes.

5. 5

   Check online selling and shipping

   If you plan to take orders online or mail boxes, confirm that your state allows it before you advertise it.

6. 6

   Open your state agency's own page

   Use the list to know what to look for, then read the agency page for the final word.

7. 7

   Print it and keep it in the kitchen

   One page, dated, with the name of the page you read. Update it when you hear something has changed.

What your own state’s page will tell you

State pages are written for inspectors, not for bakers, so go in knowing the four things you want out of them. In Washington, a Cottage Food Permit allows a state resident to make food that is not potentially hazardous, such as baked goods, candies, jams, jellies, and preserves. Florida allows individuals to use unlicensed home kitchens to produce for sale certain foods that present a low risk of foodborne illness. Both pages answer the same question in different words, and both tell you what you may make.

Watch for the difference between permission and exemption. Section 3.2-5130 of the Code of Virginia allows certain low-risk foods, acidified vegetables, and honey to be made from a private home without VDACS inspection, subject to certain restrictions. But Virginia food establishments, including private homes, that manufacture, process, pack, or hold food for sale are still subject to the Virginia Food and Drink Law and related regulations. That pattern repeats across the country, so read the exemptions and the general rule together. Virginia’s newer rules are a good example of how to read both at once.

Confirm the parts that cost money to get wrong

The expensive mistakes are rarely about flour. They are about selling a food your state does not allow, printing a label without the required wording, or passing a sales cap you did not know existed. If you are moving from a home kitchen into something more formal, New York’s home bakery license shows what a license track looks like compared with a cottage food exemption. In states where the rules were recently redone, Texas is one to read closely, the date on the page matters as much as the page itself.

Common questions

Do I need a license to sell baked goods from my home?

It depends on your state. Some states require registration, some require a permit, and seventeen jurisdictions require no state registration for cottage food operations at all. Check your own state's row in a comparison table, then confirm on your state agency's page.

Where do I find rules for all 50 states in one place?

A 51-jurisdiction comparison table covers all 50 states plus DC, including registration, inspection, training, the annual sales cap, the allowed-foods model, and online selling. A separate 50-state directory lists license requirements, income limits, allowed foods, shipping rules, and labeling requirements.

Can I sell online or ship my bakes?

That is set by your state. The 51-jurisdiction comparison table includes online selling, and the 50-state directory lists shipping rules, so check your state's entry for both before you advertise either.

How do I know the page I am reading is current?

Look for a date and compare it with anything you have heard about a recent change. Rules do get updated, as West Virginia's 2018 farmers market registration shows, so check again before each season rather than relying on an old note.

What should I write down first?

The allowed foods and the annual sales cap. Those two decide what you can bake and how much you can sell before anything else about your business has to change.

Sources

1. Cottage Food Laws by State: 51-jurisdiction comparison
2. Cottage Food License: 50-state directory
3. Washington State Department of Agriculture: Cottage Food
4. Florida Department of Agriculture: Cottage Foods
5. Virginia Kitchen Bill FAQ
6. Virginia food and drink businesses
7. West Virginia Department of Agriculture: Farmers Market

This is general information, not legal advice. Cottage food rules differ by state and change over time. Confirm the current requirements with your own state agency before you sell.