Cottage food rules
Cottage food laws: what you can sell from home
A plain way to find your own state's cottage food rules and know what to check before you sell.
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What to remember
- Cottage food rules are set state by state, not by one national law.
- They cover licensing, food safety, labeling, and which homemade foods are allowed.
- Some states let certain low-risk foods be made at home without inspection, with limits.
- Read your own state’s rules before you take your first paid order.
If you have been baking for neighbors and want to start charging, this is the first thing to sort out. Not the pricing, not the packaging. The rules. Get them wrong and a good month of orders can turn into a problem. Get them right and you can sell with a clear head. When you are ready to set prices, how to price your bakes walks you through it.
Start with your own state, not a blog post
The Association of Food and Drug Officials publishes state-specific cottage food laws and guidance. That guidance covers licensing, food safety regulations, labeling requirements, and permissible homemade foods. Use it to find your state, then read your state agency’s own page in full. A general guide like this one can tell you what to look for. It cannot tell you what your state allows.
What cottage food rules look like in practice
The details vary a lot. In Virginia, 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, with certain restrictions. Virginia also says that food establishments, including private homes, that manufacture, process, pack, or hold food for sale are subject to the Virginia Food and Drink Law and related regulations. Those two statements sit side by side, which is exactly why reading the whole page matters. If you are weighing a full license, how to get a home bakery license explains the path.
In Georgia, the Retail Food section of the Georgia Department of Agriculture regulates cottage food producers, also known as home-kitchen food producers. The full breakdown is in Georgia cottage food law requirements.
In Florida, cottage food operators can serve free samples for tasting, but the samples must be prepackaged. Florida also requires a cottage food operation to comply with all state or federal tax laws, rules, regulations, or certifications. In South Carolina, the Home-based Food Production Law guidance document was developed to provide clear and consistent information about the law for home-based food producers.
What to check before your first paid order
Find your state's page
Start with the state-specific cottage food guidance, then open your state agency’s own page and read it top to bottom.
Check the food list
Look at which homemade foods are permissible in your state. If your bake is not on the list, do not sell it.
Check licensing and inspection
Find out whether your state asks for a license, an inspection, or neither for the foods you plan to make.
Check labeling
Read the labeling requirements for your state before you print a single sticker.
Check the tax and sampling details
Some states have their own rules on tax compliance and on samples, so read those sections too.
While you wait on answers from your state, you can still get your house in order. Write down your recipes, work out what each one costs you, and decide what you would charge. That way the day your rules are clear, you can start taking orders instead of starting from scratch.
Try the free bake pricing calculator
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Common questions
Do I need a license to sell baked goods from my home?
It depends on your state and on what you are making. Some states allow certain low-risk foods to be made from a private home without inspection, with restrictions. Others ask for more. Check your own state's rules before you sell.
Where do I find my state's cottage food law?
The Association of Food and Drug Officials publishes state-specific cottage food laws and guidance covering licensing, food safety regulations, labeling requirements, and permissible homemade foods. Start there, then read your state agency's own page.
Who regulates cottage food producers in Georgia?
The Retail Food section of the Georgia Department of Agriculture regulates cottage food producers, also known as home-kitchen food producers.
Can I give out samples in Florida?
Florida cottage food operators can serve free samples for tasting, but the samples must be prepackaged. Florida also requires a cottage food operation to comply with all state or federal tax laws, rules, regulations, or certifications.
Is there one national cottage food law?
No. Cottage food rules are set state by state, so the rules that apply to you are the ones written for the state where you bake.
Sources
- Florida Department of Agriculture and Consumer Services: Cottage Foods
- Georgia Department of Agriculture: Cottage Food
- Virginia Department of Agriculture and Consumer Services: Kitchen Bill FAQ
- Virginia Department of Agriculture and Consumer Services: Dairy and Kitchen Food Services Businesses
- South Carolina Department of Agriculture: Home-based Food Production Law Guidance
- Association of Food and Drug Officials: Cottage Foods Laws and Guidance
General information, not legal or tax advice. Confirm the rules with your own state's agency before you sell.