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October 12, 2023Basics

What Is Cottage Food Law? A Beginner's Guide

Understanding the basics of selling homemade food legally without a commercial kitchen.

If you've ever dreamed of turning your famous chocolate chip cookies or artisan bread into a profitable business, cottage food laws are the key to making that dream a reality—without the need for an expensive commercial kitchen.

What Are Cottage Food Laws?

Cottage food laws are state-level regulations that allow individuals to prepare and sell certain types of low-risk food products from their home kitchens. These laws were created to support small-scale food entrepreneurs who want to start a home-based food business without the significant overhead costs of renting commercial kitchen space. The term "cottage food" refers to non-potentially hazardous foods—typically baked goods, jams, dried herbs, and other shelf-stable products—that pose minimal food safety risks when prepared in a home kitchen environment.

Why Do Cottage Food Laws Exist?

Traditional food safety regulations require commercial kitchens for anyone selling food to the public. While these regulations are essential for protecting public health, they create a significant barrier to entry for aspiring food entrepreneurs. Cottage food laws recognize that certain foods pose minimal safety risks and can be safely produced in home kitchens. By allowing home-based production of these low-risk items, states support local economies, encourage entrepreneurship, and give consumers access to locally-made artisan products.

What Foods Can You Sell Under Cottage Food Laws?

While specific allowed foods vary by state, most cottage food laws permit the sale of:

Commonly Allowed Cottage Foods

• Baked goods (bread, cookies, cakes, pastries) • Jams, jellies, and preserves • Dried herbs and herb blends • Granola and cereal products • Candy and confections • Dried fruit • Popcorn and kettle corn • Nut butters (in some states)

Prohibited Foods

Foods typically NOT allowed include items that require refrigeration, contain meat or dairy (with some exceptions), or are considered potentially hazardous. This means fresh pasta, cream-filled pastries, fresh salsa, and canned vegetables are generally prohibited.

Understanding Your State's Requirements

Every state has different cottage food regulations. Some states have very permissive laws allowing direct sales to restaurants and stores, while others restrict sales to direct-to-consumer transactions only.

Common Requirements Across States

Annual Sales Caps

Many states limit cottage food operations to a specific annual gross sales amount, ranging from $15,000 to $50,000 or more.

Labeling Requirements

Products typically must include specific label information such as the business name and address, ingredients list, allergen warnings, and a disclosure statement indicating the product was made in a home kitchen.

Permitted Sales Channels

States may restrict where you can sell—some allow farmers markets and online sales, while others limit sales to direct transactions only.

Food Safety Training

Several states require cottage food operators to complete a food handler's course or cottage food operation training.

Registration or Licensing

Depending on your state, you may need to register your business, obtain a permit, or simply comply with the law without formal registration.

Getting Started with Your Cottage Food Business

Before you start selling, research your specific state's cottage food laws thoroughly. Each state's Department of Health or Agriculture website provides detailed information about requirements, allowed foods, and application processes. Understanding cottage food laws is your first step toward building a successful home-based food business. These regulations exist to protect both you and your customers while making entrepreneurship accessible to passionate home cooks and bakers. Ready to turn your kitchen creations into a thriving business? Start by verifying your state's specific requirements and ensuring your products comply with local cottage food regulations.

Key Takeaways

  • 01. Cottage food laws allow home-based food production without commercial kitchens
  • 02. Each state has unique regulations regarding allowed foods and sales limits
  • 03. Research your state's specific requirements before starting your business