Alabama

Tiers and Types of Cottage Food Producers

Alabama has two tiers of cottage food production: Cottage Foods and Home Processed Products. Anyone can become either a type of producer.

Types of Cottage Food Products Allowed

Cottage Foods: Cottage foods are limited to baked goods, canned jam or jelly, dried herbs or herb mix, or candy.

Home Processed Products: Home processed products are those that do not have to be time or temperature controlled for safety (excluding low acid foods). Examples include baked goods; fudge; double-crust fruit pies; traditional fruit jams; jellies; marmalades; pickles; relishes; candy; spices; herbs; and snack items such as popcorn, caramel corn, and peanut brittle.

Limits on Where Cottage Food Products Can Be Sold

Cottage Foods: Food may be sold directly to consumers only and cannot be sold over the internet.

Home Processed Products: Food can be sold only at state-sanctioned farmers markets.

Registration, Inspection, Licensure & Permit Required

Cottage Foods: Cottage food operators must attend and pass a food safety course approved by the Alabama Department of Public Health.

Home Processed Products: None

 

Sales Limit

Cottage Foods: Annual gross income must not exceed $20,000.

Home Processed Products: None

Required Labeling

Cottage Foods: Labels must include the following information: (1) Name and address of the cottage food production operation; and (2) a statement that the food product is not inspected by the Alabama Department of Public Health.

Home Processed Products: Labels must include the following information: (1) the name and place of business of the manufacturer, packer, or distributor and (2) the statement “This item(s) was prepared in a kitchen that is NOT inspected by a regulatory agency.” In addition, the consumer must be informed by a clearly visible label, tag, or placard at the sales or service location that

the food is prepared in a kitchen that is not inspected by a regulatory agency, i.e. County or State Health Department.

http://www.fma.alabama.gov/pdfs/Brochure_HomeProcessed-CottageFoodLaw.pdf

 

Alaska

Tiers and Types of Cottage Food Producers

Alaska has one category of cottage food production. Anyone can become a cottage food producer.

 

Types of Cottage Food Products Allowed

Cottage food products are non-potentially hazardous foods. Examples include jams, jellies, pickled vegetables, bread, kettle popcorn, confections, trail mix, granola, tortillas, fry bread, fermented fruit and vegetable products, pastries, and waffle cones. For each food product, cottage food operators must provide to the Alaska Department of Environmental Conservation the formulation or recipe, pH value, and water activity value.

Limits on Where Cottage Food Products Can Be Sold

 

Producers may sell directly to consumers only.

Registration, Inspection, Licensure & Permit Required

 

None

Sales Limit

Annual gross sales must not exceed $25,000.

 

Required Labeling

All food must be labeled with the statement “THESE PRODUCTS ARE NOT SUBJECT TO STATE INSPECTION.” This label can be either (A) set out on a card, placard, or sign that is conspicuously posted at the point of sale, or (B) conspicuously displayed on the label of each food product

that is packaged. In addition, the label must include either (1) name, (2) physical address, and (3) telephone number of the cottage food production operation; or (1) The operation’s Alaska business license number.

https://dec.alaska.gov/eh/fss/food/cottage-food/

 

Arizona

Tiers and Types of Cottage Food Producers

Arizona has one category of cottage food production. Anyone can become a cottage food producer.

Types of Cottage Food Products Allowed

Baked and confectionery goods that are not potentially hazardous may be sold.

Limits on Where Cottage Food Products Can Be Sold

 

None

Registration, Inspection, Licensure & Permit Required

All operators must register with the online registry established by the Arizona Department of Health Services and must obtain a food handler’s card if required by the county in which the individual resides.

Sales Limit

None

 

Required Labeling

Labels must include the following information: (1) the name, physical address, and telephone number of the registered cottage food producer; (2) a list of ingredients in the product; (3) a statement that the product was prepared in a private home; and, (4) if applicable, a statement that the product was made in a facility for individuals with developmental disabilities.

https://www.azdhs.gov/preparedness/epidemiology-disease-control/food-safety-environmental-services/index.php


Arkansas

Tiers and Types of Cottage Food Producers

Arkansas has one category of cottage food production. Anyone can become a cottage food producer.

Types of Cottage Food Products Allowed

Allowed cottage foods are non-potentially hazardous foods, limited to bakery products, candy, fruit butter, jams, jellies, chocolate-covered fruit and berries that are not cut, and any other products identified by Department of Health regulations. As of 2018, no other products are identified.

Limits on Where Cottage Food Products Can Be Sold

Cottage foods may be sold direct to consumers only and may be sold only from the site where the products are produced, a physical or online farmers market, a county fair, or a special event.

Registration, Inspection, Licensure & Permit Required

Registration and permits are not required, but upon request, each cottage food offered for sale must be made available to the Department of Health for sampling.

Sales Limit

None

 

Required Labeling

Labels must include the following information: (1) name, (2) the physical address of the cottage food operation, (3) the name of the food product, (4) the ingredients in the food product; and (5) the following statement in 10-point type, “This Product is Home-Produced.” The label shall not make any nutritional claims.

https://www.healthy.arkansas.gov/programs-services/topics/FAQ-Food-Protection

 

California

Tiers and Types of Cottage Food Producers

California has a two-tiered cottage food system: Class A Food Operations and Class B Food Operations. The different requirements for each tier are broken out in the table below. Anyone can become either a class of cottage food producers.

 

Types of Cottage Food Products Allowed

Non-potentially hazardous foods, defined as not requiring time/temperature control to limit pathogenic microorganism growth or toxin formation, are allowed. The California Department of Public Health maintains the list of approved foods on its website and has the authority to add or delete from the list of approved foods; only foods on the approved list may be sold.

As of July 1, 2018, the list of approved cottage foods are: (1) baked goods, without cream, custard, or meat fillings, such as breads, biscuits, churros, cookies, pastries, and tortillas; (2) candy, such as brittle and toffee; (3) chocolate-covered nonperishable foods, such as nuts and dried fruits;

(4) dried fruit; (5) dried pasta; (6) dry baking mixes; (7) fruit pies, fruit empanadas, and fruit tamales; (8) granola, cereals, and trail mixes; (9) herb blends and dried mole paste; (10) honey and sweet sorghum syrup; (11) jams, jellies, preserves, and fruit butter that comply with the standard described in Part 150 of Title 21 of the Code of Federal Regulations; (12) nut mixes and nut butters;

(13) popcorn; (14) vinegar and mustard; (15) roasted coffee and dried tea; (16) waffle cones and pizzelle; (17) cotton candy; (18) candied apples; (19) confections such as salted caramel, fudge, marshmallow bars, chocolate covered marshmallow, nuts, and hard candy, or any combination thereof; (20) buttercream frosting, buttercream icing, buttercream fondant, and gum paste that does not contain eggs, cream, or cream cheese; (21) dried or dehydrated vegetables; (22) dried vegetarian-based soup mixes; (23) vegetable and potato chips; (24) ground chocolate; (25) seasoning salt; (26) flat icing; (27) marshmallows that do not contain eggs; (28) popcorn balls;

(29) dried grain mixes; (30) fried or baked donuts and waffles; (31) dried hot chocolate (dried powdered mixes or molded hardened cocoa pieces); (32) fruit-infused vinegar (containing only high-acid fruits such as apple, crabapple, nectarine, peach, plum, quince, blackberry, blueberry, cherry, cranberry, grape, huckleberry, gooseberry, loganberry, pomegranate, pineapple, raspberry, strawberry, tomatillo, youngberry, grapefruit, kumquat, lemon, lime, orange); (33) dried fruit powders; and (34) dried spiced sugars.

 

Limits on Where Cottage Food Products Can Be Sold

Class A Cottage Food Operations: Foods may be sold directly to consumers only. Cottage foods can be sold only from the producer’s home, at a holiday bazaar or temporary event, at a bake sale or food swap, at a farm stand or farmers market, or through a community-supported agriculture subscription. Internet sales are allowed, but the products must be delivered in person. Additionally, operations can only sell cottage foods outside their county of residence only when the local environmental health agency of the outside county allows it.

Class B Cottage Food Operations: Direct or indirect sales are allowed. Direct sales to consumers allowed in the same venues as are allowed for a Class A Cottage Food Operation. Indirect sales to consumers are allowed within the county in which the operation is permitted for offsite events

and from any third-party retailer that holds a valid business permit, including retail shops and retail food facilities where food is consumed on the premises. In counties where the operation is not permitted, the operation must seek approval from that county before engaging in indirect sales.

Registration, Inspection, Licensure & Permit Required

All cottage food operators must (1) register with the local health agency and submit a self- certification checklist ensuring compliance with various health requirements and (2) complete a food processor training course within three months of registering and have sanitary operations. In addition, all cottage food operators may be subject to inspection if, based on a consumer complaint, the local environmental health agency has reason to suspect that unsafe food is being produced by the operation. A copy of the registration must be retained by the operator onsite at the time of sale.

In addition to these requirements, Class B cottage food operators may be subject to inspection by the local environmental health agency prior to receiving their Class B permit (even if there are no reports of unsafe operations).

Sales Limit

Annual gross sales may not exceed $50,000.

Required Labeling

Both Class A and Class B Cottage Food Operations: Label must include: (1) name of the cottage food product located on the primary display panel; (2) name, city, and zip code of the cottage food operation which produced the product. If the operation is not listed in a current telephone directory, then a street address must also be included on the label; (3) The words “Made in a Home Kitchen” or “Repackaged in a Home Kitchen”, in 12-point type on the principal display panel; (4) registration or permit number of the cottage food operation and the name of the county of the local enforcement agency that issued the permit number; (5) ingredients of the cottage food product, in descending order of predominance by weight, if the product contains two or more ingredients; (6) net quantity of the food product; (7) a declaration on the food if it contains any major allergens; and (8) if the food label makes any nutrient content or health claims then a Nutrition Facts Panel is required to be incorporated into the label.

Class B Cottage Food Operations Only: If the product is served by a food facility without labeling or packaging, the product shall be identified to the consumer as homemade on the menu, menu board, or other location that would reasonably inform a consumer of its homemade status.

www.cdph.ca.gov/Programs/CEH/DFDCS/Pages/FDBPrograms/FoodSafetyProgram/CottageFoodOperations.aspx


Colorado

Tiers and Types of Cottage Food Producers

Colorado has one category of cottage food production. Anyone can become a cottage food producer.

Types of Cottage Food Products Allowed

Non-potentially hazardous foods may be sold. Allowed foods include but are not limited to pickled fruits and vegetables, spices, teas, dehydrated produce, nuts, seeds, honey, jams, jellies, preserves, fruit butter, flour, and baked goods, including candies, fruit empanadas, and tortillas.

Limits on Where Cottage Food Products Can Be Sold

Food may be sold directly to consumers only. Products may be sold only in the state. Internet sales are allowed.

Registration, Inspection, Licensure & Permit Required

Producer must take a food safety course that includes basic food handling training and is comparable to, or is a course given by, the Colorado state university extension service or a state, county, or district public health agency, and must maintain a status of good standing in accordance with the course requirements, including attending any additional classes as necessary. In the case of consumer complaint or misbranded food, food products are subject to food sampling and inspection.

 

Sales Limit

Annual net revenue is limited to $10,000 or less from the sale of each eligible food product. For example, different types of muffins are different food products, and the sales limit would be

$10,000 for each type.

 

 

 

Required Labeling

Labels must include the following information: (1) identification of the product; (2) the producer’s name, the address at which the food was prepared, and the producer’s current telephone number or electronic mail address; (3) the date on which the food was produced; (4) a complete list of ingredients; and (5) The following disclaimer: “This product was produced in a home kitchen that is not subject to state licensure or inspection and that may also process common food allergens such as tree nuts, peanuts, eggs, soy, wheat, milk, fish, and crustacean shellfish. This product is not intended for resale.”

https://www.colorado.gov/pacific/cdphe/cottage-foods-starting-business


Connecticut

Tiers and Types of Cottage Food Producers

Connecticut has two tiers of cottage food production. The Cottage Foods tier (goes into effect October 1, 2018) applies to anyone producing foods in a home kitchen. The Residential Farmers tier applies to farmers who live and produce the processed food items on the farm, and the items must be made with ingredients grown on the farm. Anyone can become a Cottage Food producer, but only farmers living on-farm can become a Residential Farmer producer.

Types of Cottage Food Products Allowed

Cottage Foods (goes into effect October 1, 2018): Non-potentially hazardous baked goods, jams, jellies, and other non-potentially hazardous foods are allowed. Acidified foods are not allowed.

Residential Farmers: Residential farmers may produce jams, jellies, preserves, and acidified food products (meaning a food item with a pH value of 4.6 or less, including pickles, salsa, and hot sauce), so long as the products are prepared with fruit and vegetables grown on the residential farm. For all acidified foods, a laboratory must perform a pH test for the food product after the product recipe is completed.

Limits on Where Cottage Food Products Can Be Sold

Cottage Foods (goes into effect October 1, 2018): Sales may be direct to consumer only, and may occur only at the point of production, farmers markets, local fairs and festivals, and charitable functions. Advertising and sales by internet, mail, and phone is allowed so long as the product is delivered in person to the buyer within the state of Connecticut.

Residential Farmers: Sales may be direct to consumers at the point of production only.

Registration, Inspection, Licensure & Permit Required

Cottage Foods (goes into effect October 1, 2018): All cottage food producers must be licensed annually by the Commissioner of Consumer Protection and may sell only the foods indicated on the license. They must also have completed a food safety training program that includes training in food processing and packaging. The Commissioner may also inspect the cottage food operations prior to licensing. Any cottage food producer with a private water supply must have the supply tested prior to operations to make sure it is potable.

Residential Farmers: The food processor must successfully complete a safe food handling course administered by an organization approved by the Department of Public Health or the Department of Consumer Protection and make that documentation available to the local health department or the Department of Consumer Protection upon request. In addition, if the residential farm is making acidified foods, the residential farm’s water supply must come from a public water supply system or a private well and must be tested and tests negative for coliform bacteria annually.

Sales Limit

 Cottage Foods (goes into effect October 1, 2018): Gross annual sales must not exceed $25,000. RESIDENTIAL Farmers: None

 

Required Labeling

Residential Farmers: Each container must include in 10-point font on its label the following phrase “Not prepared in a government inspected kitchen”.

Cottage Foods (goes into effect October 1, 2018): Each container must include: (1) the name and address of the cottage food operation; (2) the common or usual name of the cottage food

product; (3) the ingredients of the cottage food product, in descending order of predominance by weight or volume; (4) allergen information, as specified by federal labeling requirements, such as milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat and soybeans; and (5) the following statement printed in at least ten-point type in a clear and conspicuous manner that provides contrast to the background label: “Made in a Cottage Food Operation that is not Subject to Routine Government Food Safety Inspection.”

https://portal.ct.gov/DCP/Food-and-Standards-Division/Cottage-Food/Cottage-Food-Home


Delaware

Tiers and Types of Cottage Food Producers

Delaware has two tiers of cottage food production. The Cottage Foods tier applies to anyone using a residential-style kitchen. The On-Farm Home Processing tier applies to farmers who produce processed food items on their own farms.

 

Types of Cottage Food Products Allowed

Cottage Foods: A producer in a residential-style kitchen may produce foods that are not subject to time or temperature control for safety. Approved cottage foods include, but are not limited to baked goods such as cakes, breads, cookies, rolls, muffins, brownies, fruit pies and pastries; jams, jellies, and other fruit preserves; and candy products such as fudge, lollipops, chocolates,

tortes, hard candy, and rock candy. Bakery items that contain components that require time and/ or temperature control (such as cream filling, meat, etc.) are not allowed. Acidified foods are not allowed.

On-Farm Home Processing: A person on the person’s own farm may produce food items that are not potentially hazardous foods, which are limited to (1) baked breads, cakes, muffins, or cookies with a water activity of .85 or less; (2) candy (non-chocolate); (3) containerized fruit preparations consisting of jellies, jams, preserves, marmalades, and fruit butters with an equilibrated pH of 4.6 or less or a water activity of 0.85 or less; (4) fruit pies with an equilibrated pH of 4.6 or less; (5) herbs in vinegar with an equilibrated pH of 4.6 or less; (6) honey and herb mixtures; (7) dried fruit and vegetables; (8) spices or herbs; (9) maple syrup and sorghum; (10) snack items such as popcorn, caramel corn, and peanut brittle; and (11) roasted nuts.

Limits on Where Cottage Food Products Can Be Sold

Cottage Foods: Sales may be made directly to consumers only. Sales may occur at a farmer’s market, craft fair, charitable organization function, and any other venue approved by the Division of Public Health in the cottage food establishment’s registration. No online sales are allowed.

On-Farm Home Processing: Sales may be made only at farmers’ markets, roadside produce stands, or the processor’s farm.

Registration, Inspection, Licensure & Permit Required

Cottage Foods: Cottage food establishments must apply and register with the Department of Health and Social Services’ (DHSS) Division of Public Health annually. The Division of Public Health may conduct inspections at its discretion, either before the operation opens or in response to food safety complaints, but it will not always do so. At least one employee working during hours of operation must be able to show they passed a food safety test administered by DHSS’ Office of Food Protection.

On-Farm Home Processing: On-farm home processors must register the premises where the foods are produced with the Department of Agriculture (DA) and obtain a license, and the premises may be inspected. The processor must also complete a safe food handling course approved by the DA.

 

Sales Limit

Cottage Foods: Gross annual sales must not exceed $25,000.

On-Farm Home Processing: Gross annual sales must not exceed $50,000.

 

 

 

 

Required Labeling

Cottage Foods: Label must include the following information: (1) name, address, phone number and email of the Cottage Food Establishment; (2) name of the product; (3) net weight or unit count; (4) date of production/lot number; (5) list of ingredients in decreasing order by weight (if the product label is too small to allow for printing of ingredients, the list shall be available at the request of the consumer), and (6) the label shall include the following statement in at least 10-point type in a color that provides a clear contrast to the background label: “This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections.”

On-Farm Home Processing: Label must include the following information: (1) name of product;

(2) name and address of manufacturer; (3) ingredients listed in decreasing order by weight; (4) net weight or unit count; (5) the following statement in ten-point type: “This product is home-produced and processed;” and (6) the date the product was processed.

https://www.dhss.delaware.gov/dhss/dph/hsp/ofpcfe.html


District of Columbia

Tiers and Types of Cottage Food Producers

The District of Columbia has one category of cottage food production. Anyone can become a cottage food producer.

 

 

 

 

 

Types of Cottage Food Products Allowed

As of June 2018, allowed products are limited to the following foods: (1) baked goods, without cream, custard, cheese, or meat fillings, such as breads, biscuits, churros, muffins, rolls, scones, and sweetbreads; (2) unfilled, baked donuts; (3) waffle cones; (4) pizzellas; (5) roasted coffee, whole beans or ground; (6) cakes, including celebration cakes (birthday, anniversary, and wedding); (7) cereals, trail mixes, and granola; (8) candies, such as brittles, toffee, chocolates, cotton candy, fudge, truffles, and confections; (9) pastries, pies, brownies, cookies, and tortillas; (10) snacks

such as caramel corn, chocolate-covered nonperishable foods, nuts and dried fruits, crackers, pretzels, seeds, popcorn, or popcorn balls; (11) fruit pies, fruit empanadas, and fruit tamales; (12) jams, jellies, syrups, marmalades and other preserves; (13) honey and honeycomb that comply with the “Sustainable Urban Agriculture Apiculture Act of 2012” and provide proof they are registered with the District’s Department of Energy and Environment; (14) dried pasta; (15) dry herbs, herb blends, and seasonings blends; (16) dry tea blends; (17) dry baking mixes; and (18) vinegar and flavored vinegars. The Department of Health updates this list each quarter, as necessary, through rulemaking.

Limits on Where Cottage Food Products Can Be Sold

 

Foods maybe offered for sale only at a farmer’s market or a public event.

 

 

Registration, Inspection, Licensure & Permit Required

Cottage food businesses must obtain a home occupancy permit from the Department of Consumer and Regulatory Affairs (DCRA) and register with the Cottage Food Business Registry within the Department of Health (DOH) before beginning operations. The registry application must include the original DCRA permit; for food sold by weight, proof of calibrated scales; proof of passing a Certified Food Protection Manager Course; a District-issued Certified Food Protection Manager Certificate; a list of all food products the cottage food business intends to sell; packaging labels that comply with DOH requirements; and a registration fee. The Department will perform

an inspection, and if the business passes, DOH shall issue a cottage food business identification number and certificate that is valid for 2 years.

Sales Limit

Annual revenue is limited to $25,000 or less.

 

 

 

Required Labeling

Labels must include the following information: (1) the cottage food business identification number;

(2) the name of the cottage food product; (3) the ingredients of the cottage food product in descending order of the amount of each ingredient by weight; (4) the net weight or net volume of the cottage food product; (5) allergen information as specified by federal labeling requirements;

(6) the following statement in 10-point or larger type in a color that provides a clear contrast to the background of the label, “Made by a cottage food business that is not subject to the District of Columbia’s food safety regulations”; and (7) if any nutritional claim is made, nutritional information as specified by federal labeling requirements must also be included. The cottage food business must conspicuously display its registration certificate issued by DOH at each event.

https://dchealth.dc.gov/sites/default/files/dc/sites/doh/publication/attachments/Cottage%20Food%20FAQs-%20Apr%202018.pdf


Florida

Tiers and Types of Cottage Food Producers

Florida has one category of cottage food production. Anyone can become a cottage food producer.

 

 

Types of Cottage Food Products Allowed

Non-potentially hazardous foods, defined as not requiring time/temperature controls for safety, are allowed. Allowed foods include: breads, rolls, and biscuits; cakes, pastries, and cookies; candies and confections; honey; jams, jellies, and preserves; fruit pies and dried fruits; dry herbs, seasonings, and mixtures; homemade pasta; cereals, trail mixes, and granola; coated or uncoated nuts; vinegar and flavored vinegars; and, popcorn and popcorn balls. Canned acidified foods are not allowed.

Limits on Where Cottage Food Products Can Be Sold

Cottage food must be sold directly to the consumer and may be sold at the operation’s premises, farmer's markets, roadside stands, or online. Internet sales are allowed, but the product must be delivered in person directly to the consumer or to a specific event venue. Mail order and wholesale sales are prohibited.

Registration, Inspection, Licensure & Permit Required

Cottage food operations require no license or permit from the Florida Department of Agriculture and Consumer Services. However, the Department may investigate any complaint that alleges that a cottage food operation has violated an applicable law, which may involve entering and inspecting the premises of the cottage food operation.

Sales Limit

Annual gross sales must not exceed $50,000.

 

Required Labeling

Labels must include the following information: (1) the name and address of the cottage food operation; (2) the name of the cottage food product; (3) the ingredients of the cottage food product, in descending order of predominance by weight; (4) the net weight or net volume of the cottage food product; (5) allergen information as specified by federal labeling requirements; (6) the following statement in at least 10-point type in a color that clearly contrasts to the background of the label, “Made in a cottage food operation that is not subject to Florida’s food safety regulations;” and (7) if any nutritional claim is made, appropriate nutritional information as specified by federal labeling requirements must be included.

https://www.freshfromflorida.com/%20content/download/70108/1634054/Cottage_Food_Guidance.pdf


Georgia

Tiers and Types of Cottage Food Producers

Georgia has one category of cottage food production. Anyone can become a cottage food producer.

 

Types of Cottage Food Products Allowed

Non-potentially hazardous foods are allowed. Allowed foods include but are not limited to: (1) loaf breads, rolls, and biscuits; (2) cakes (except those that require refrigeration due to cream cheese icing, fillings, or high moisture content such as trees leche); (3) pastries and cookies; (4) candies and confections; (5) fruit pies; jams, jellies, and preserves (not to include fruit butters whose commercial sterility may be affected by reduced sugar/pectin levels); (6) dried fruits; (7) dry herbs, seasonings, and mixtures; (8) cereals, trail mixes, and granola; (9) coated or uncoated nuts; (10) vinegar and flavored vinegar; and (11) popcorn, popcorn balls, and cotton candy. Canned acidified foods are not allowed, and home-canned produce cannot be used as an ingredient in cottage food products, except for jams and jellies.

Limits on Where Cottage Food Products Can Be Sold

Sales maybe made directly to consumers only. Internet sales allowed if the sale is direct from the producer to an end consumer in Georgia. Distribution and wholesale are prohibited.

Registration, Inspection, Licensure & Permit Require

Prior to manufacturing cottage food products, the cottage food operation must register and obtain a license from the Georgia Department of Agriculture’s Food Safety Division. For operators using a private water supply, water analysis for coliform bacteria and nitrates shall be required annually, and a copy of the results shall be attached to the registration form. Upon registering, the operator must obtain a license from the Department of Agriculture. Cottage food operators must also attend and pass a food safety training class accredited by the American National Standards Institute prior to registering.

The Georgia Department of Agriculture’s Food Safety Division may inspect the cottage food operator’s home kitchen prior to ensuring a license and may conduct inspections in response to consumer complaints or foodborne disease outbreaks. These inspections may be unannounced or commence within 1 hour of receiving notice of intent to conduct an inspection.


Hawaii

Tiers and Types of Cottage Food Producers

Hawaii has one category of cottage food production, called Homemade Foods in the state. Anyone can become a Homemade Food producer.

Types of Cottage Food Products Allowed

Producers may sell foods that are not potentially hazardous, including bread, rolls, mochi; cakes, cookies, and pastries; candies and confections; jams, jellies, and preserves; cereals, trail mixes, and granola; popcorn. Canned acidified foods are not allowed.

Limits on Where Cottage Food Products Can Be Sold

 

Food may be sold directly to consumers only. Food may be sold at any venue.

Registration, Inspection, Licensure & Permit Required

Homemade Food operators are required to obtain food safety training from the Department of Health or from a program approved by the Department of Health. No license is required, although some sales venues such as farmers markets may require a Special Event Permit.

Sales Limit

None

 

 

Required Labeling

Products must be labeled with the following information: (1) a statement that reads “Made in a home kitchen not routinely inspected by the Department of Health;” (2) common name of the product or descriptive name: (3) ingredient list if made from 2+ ingredients, listed in descending order of predominance by weight; and (4) name and contact information of the homemade food product operator.

https://health.hawaii.gov/san/files/2017/09/HMF-handout.pdf


Idaho

Tiers and Types of Cottage Food Producers

 

Idaho has one category of cottage food production. Anyone can become a cottage food producer.

 

Types of Cottage Food Products Allowed

Foods that does not require time/temperature control for safety are allowed. Examples of cottage, foods may include but are not limited to baked goods, fruit jams and jellies, fruit pies, breads, cakes, pastries and cookies, candies and confections, dried fruits, dry herbs, seasonings and mixtures, cereals, trail mixes and granola, nuts, vinegar, popcorn, and popcorn balls, and cotton candy.

Limits on Where Cottage Food Products Can Be Sold

Food may be sold directly to consumers only. Food may be sold at any venue. Possible venues include internet and mail order.

Registration, Inspection, Licensure & Permit Required

 

None

Sales Limit

None

 

Required Labeling

The product must include a clearly legible label on the packaging or a clearly visible placard at the sales or service location that states (1) the cottage food operation’s contact information; (2) that the food was prepared in a home kitchen that is not subject to regulation and inspection by the Idaho Department of Health and Welfare; and (3) that the food may contain allergens.

http://healthandwelfare.idaho.gov/Health/%20FoodProtection/tabid/96/Default.aspx





Sales Limit

None

Direct sale labels (for custom products sold to an individual consumer) must include: (1) the operator’s business name and address; and (2) the following statement in Times New Roman or Arial font, in at least 10-point type, and in a color that contrasts to the background-color of the label, “MADE IN A COTTAGE FOOD OPERATION THAT IS NOT SUBJECT TO STATE FOOD SAFETY INSPECTIONS.”

Pre-packaged food labels must include: (1) the operator’s business name and address; (2) the common name of the cottage food product; (3) the ingredients in descending order of

predominance by weight; (4) the net weight or volume of the product; (5) allergen labeling as specified by FDA labeling requirements; (6) if a nutritional claim is made, appropriate nutritional information as specified by FDA labeling requirements; and (7) the following statement in Times New Roman or Arial font, in at least 10-point type, and in a color that contrasts to the background color of the label, “MADE IN A COTTAGE FOOD OPERATION THAT IS NOT SUBJECT TO STATE FOOD SAFETY INSPECTIONS.”

Bulk sale labels (for products offered for sale from bulk food containers) to be made available to the consumer by way of a card, sign, loose-leaf booklet, or other method of notification at the point of sale must include: (1) the operator’s business name and address; (2) the common name for each cottage food product offered for sale in the bulk food containers; (3) the ingredients

in descending order of predominance by weight for each cottage food product offered for sale in the bulk food containers; (4) allergen labeling as specified by FDA labeling requirements; (5) if a nutritional claim is made, appropriate nutritional information as specified by FDA labeling requirements, and (6) the following statement in Times New Roman or Arial font, in at least

10-point type, in a color, that contrasts to the background color of the label, and to be affixed to the bulk food container so that it is conspicuously displayed, “MADE IN A COTTAGE FOOD OPERATION THAT IS NOT SUBJECT TO STATE FOOD SAFETY INSPECTIONS.”

 

 

 

 

 

 

 

 

 

Required Labeling

http://agr.georgia.gov/cottage-foods.aspx



Illinois

Tiers and Types of Cottage Food Producers

Illinois has a two-tiered cottage food system: Cottage Food and Home Kitchen. The different requirements for each tier are broken out in the table below. Anyone can become either type of producer; however, the Home Kitchen tier is not available in every county. A county must opt in to authorize Home Kitchen operations.

Types of Cottage Food Products Allowed

Cottage Food: Any food or drink made in a residential or commercial kitchen is allowed, except for products made of the following ingredients: (A) meat, poultry, fish, seafood, or shellfish;

(B) dairy, except as an ingredient in a non-potentially hazardous baked good or candy, such as caramel; (C) eggs, except as an ingredient in a non-potentially hazardous baked good or in dry noodles; (D) pumpkin pies, sweet potato pies, cheesecakes, custard pies, creme pies, and pastries with potentially hazardous fillings or toppings; (E) garlic in oil; (F) canned foods, except for fruit jams, fruit jellies, fruit preserves, fruit butters, and acidified vegetables; (G) sprouts; (H) cut leafy greens, except for leafy greens that are dehydrated or blanched and frozen; (I) cut fresh tomato or melon; (J) dehydrated tomato or melon; (K) frozen cut melon; (L) wild-harvested, non-cultivated mushrooms; or (M) alcoholic beverages.

Home Kitchen: In counties that have opted in, only baked goods made in the producer’s primary residence is permitted. Allowed baked goods include but are not limited to breads, cookies, cakes, pies, and pastries. Only high-acid fruit pies that use the following fruits are allowed: apple, apricot, grape, peach, plum, quince, orange, nectarine, tangerine, blackberry, raspberry,

blueberry, boysenberry, cherry, cranberry, strawberry, red currants or a combination of these fruits. Pumpkin pie, sweet potato pie, cheesecake, custard pies, creme pies and pastries with potentially hazardous fillings or toppings are not allowed.

 

Limits on Where Cottage Food Products Can Be Sold

 

Cottage Food: Most cottage food products may be sold only at a farmer’s market. Cottage food products that have a locally grown agricultural product as the main ingredient may also be sold on the farm where the agricultural product is grown or delivered directly to the consumer.

Home Kitchen: Direct sales to consumers.

 

Registration, Inspection, Licensure & Permit Required

Cottage Food: The name and residence of the person preparing and selling cottage food products must be registered each year with the health department of a unit of local government where the cottage food operation resides. The person preparing or packaging cottage food products must obtain a Department of Public Health-approved Food Service Sanitation Management Certificate, which requires a course.

Home Kitchen: Registration or permits are not required under state law. However, counties may have additional requirements. The Department of Public Health reserves the right to inspect home kitchens in the case of complaint or illness.

 

Sales Limit

Cottage Food: No limit.

Home Kitchen: Monthly gross sales must not exceed $1,000.

 

Required Labeling

Cottage Food: The food packaging conforms to the labeling requirements of the Illinois Food, Drug and Cosmetic Act and includes the following information on the label of each of its products:

(1) the name and address of the cottage food operation; (2) the common or usual name of the food product; (3) all ingredients of the food product, including any colors, artificial flavors, and preservatives, listed in descending order by predominance of weight shown with common or usual names; (4) the following phrase: “This product was produced in a home kitchen not subject to public health inspection that may also process common food allergens;”(5) the date the product was processed; and (6) allergen labeling as specified in federal labeling requirements. At the point of sale, a placard must be displayed in a prominent location that states the following: “This product was produced in a home kitchen not subject to public health inspection that may also process common food allergens.”

Home Kitchen: The food package must have a label listing the common name of the food product and allergen labeling in accordance with FDA labeling requirements. Consumers must also be provided with notice that the product was made in a home kitchen.

www.ilstewards.org/wp-content/uploads/2013/06/Cottage-Food-Guide-2018.pdf

 


Indiana

Tiers and Types of Cottage Food Producers

Indiana has one category of cottage food production. Anyone can become a cottage food producer called a HOME-BASED Vendor in Indiana.

 

Types of Cottage Food Products Allowed

Non-potentially hazardous foods and some meats may be sold. Examples of non-potentially hazardous foods include baked goods; candy and confections; whole, uncut produce; tree nuts and legumes; honey, molasses, sorghum, and maple syrup; jams, jellies, and preserves (high acid fruit in sugar); and traditional fermented pickles not in an oxygen sealed container. Canned acidified foods are not allowed. The law also allows for some rabbit and poultry.

Limits on Where Cottage Food Products Can Be Sold

Sales are restricted to farmers market, farms, or roadside stands. Cottage food products must be sold directly to the end consumer and cannot be resold.

Registration, Inspection, Licensure & Permit Required

Registration and permits are not required. However, an individual vendor is subject to food sampling and inspection if the state department determines that the individual vendor’s food product is misbranded or adulterated or if the state department has received a consumer complaint.

Sales Limit

None

Required Labeling

Labels for most products must include the following information: (1) the name and address of the producer of the food product; (2) the common or usual name of the food product; (3) the ingredients of the food product, in descending order by predominance by weight; (4) the net weight and volume of the food product by standard measure or numerical count; (5) the date on which the food product was processed, and (6) the following statement in at least 10 point type: “This product is home-produced and processed and the production area has not been inspected by the state department of health.”

www.in.gov/isdh/files/hbv-presentation-3-8-2017.pdf
www.in.gov/isdh/files/HEA_1309_guidance_final_6_11_09.pdf
 
www.in.gov/isdh/files/hbv-presentation-3-8-2017.pdf


Iowa

Tiers and Types of Cottage Food Producers

Iowa has a two-tiered cottage food system: Cottage Food and Home Bakery. The different requirements for each tier are broken out in the table below. Anyone can become either a type of producer.

 

Types of Cottage Food Products Allowed

Cottage Food: Non-potentially hazardous food products are allowed. This does not include canned acidified foods.

Home Bakery: Home bakeries may make higher-risk prepared foods, defined as “soft pies, bakery products with a custard or cream filling, or baked goods that are a time/temperature control for safety food.”

 

Limits on Where Cottage Food Products Can Be Sold

Cottage Food: Sales may be made only at the producer’s home or at farmer's markets.

Home Bakery: Baked goods can be sold directly to the consumer or sold for resale to other businesses including restaurants, grocery stores, and other retailers. Online sales are also acceptable.

 

Registration, Inspection, Licensure & Permit Required

Cottage Food: None

Home Bakery: A license from the department of inspections and appeals is required. The license is valid for one year. The department may periodically inspect the home bakery and the inspector may enter the home bakery at any reasonable hour to make the inspection.

 

Sales Limit

Cottage Food: None

Home Bakery: Annual gross sales must not exceed $35,000.

 

Required Labeling

Cottage Food: Labels for non-potentially hazardous foods must include (1) the name and address of the person(s) preparing the food; and (2) the common name of the food.

Home Bakery: Labels for prepared foods must contain the following information: (1) name and address of the person(s) preparing the food; (2) common name of the food; (3) the names of all ingredients in the food, beginning with the one present in the largest proportion and continuing in descending order of predominance; and (4) the quantity of the contents in terms of weight, measure or numerical count.

file:///C:/Users/16692/Downloads/HS72.pdf


Kansas

Tiers and Types of Cottage Food Producers

Kansas has one category of cottage food production. Anyone can become a cottage food producer.

 

Types of Cottage Food Products Allowed

Food that does not require time and temperature control for safety or specialized processing is allowed. Allowed foods include: (1) baked goods made in a home kitchen; (2) dry baking mixes;

(3) fresh or dried uncut fruits, vegetables, or herbs; (4) intact salad greens; (5) certain cut produce and cut herbs (other than cut tomatoes, melons, or leafy greens; (6) nuts; (7) honey; (8) eggs from producers with less than 250 hens; (9) poultry from producers that slaughters fewer than 20,000 birds/year; (10) home-canned jams and jellies made with fruit, pepper-flavored vinegar, or small amounts of pepper powder; (11) canned, shelf-stable naturally high acid foods; (12) juice and cider; (13) candies made in a home kitchen; (14) cultivated mushrooms (culinary and medicinal);

(15) fish and seafood, sold whole on ice; (16) foods and beverages prepared off site, sold ready for consumption (6 or fewer times a year); (17) foods and beverages sold ready for immediate consumption by community groups for fundraising purposes; (18) homemade dried pasta; (19) vanilla extract; (20) spices; (21) lard; (22) pepper vinegars; (23) herb-flavored vinegars; (24) grain products i.e. cornmeal, popcorn home-ground flour; and (25) fruit leathers. Canned acidified products are not allowed.

Limits on Where Cottage Food Products Can Be Sold

Foods may be sold directly to the end consumer only. Internet sales are permitted if the foods are shipped to the customer’s home or delivered by the producer directly to the end consumer.

Registration, Inspection, Licensure & Permit Required

 

None

Sales Limit

None

 

Required Labeling

Packaged products must include the following labeling information: (1) the common name of the product; (2) the name and physical address of the producer; (3) the product ingredients in

descending order of predominance; and (4) the quantity. Meat and eggs are subject to additional labeling requirements.

https://www.agriculture.ks.gov/docs/default-source/ag-marketing/home-kitchen-for-retail-food-sales.pdf?sfvrsn=0


Kentucky

 

Tiers and Types of Cottage Food Producers

Kentucky has a two-tiered cottage food system: Home-Based Processor and Home-Based Microprocessor. The different requirements for each tier are broken out in the table below. For both tiers, only farmers may produce cottage foods, and the final product must contain a primary or predominant ingredient which is a fruit, vegetable, nut, or herb that is grown by the farmer in Kentucky.

 

Types of Cottage Food Products Allowed

Home based Processor: A farmer may produce/process for sale in the farmer’s home low-risk products made with a primary or predominant ingredient grown by the farmer. Allowed foods are limited to whole fruit and vegetables, mixed-greens, jams, jellies, sweet sorghum syrup, preserves, fruit butter, bread, fruit pies, cakes, or cookies. A home-based processor is prohibited from producing or processing for sale acid foods, acidified food products, formulated acid food products, or low-acid canned foods.

Home-based Microprocessor: In the farmer’s certified or permitted home kitchen, a farmer may produce acid foods, formulated acid food products, acidified food products, or low acid

canned foods. All foods must contain a primary or predominant ingredient grown by the farmer. Microprocessors must submit recipes for all products to the University of Kentucky.

Limits on Where Cottage Food Products Can Be Sold

 

Sales may only be made directly to the consumer within the state. Online direct sales are allowed.

 

 

Registration, Inspection, Licensure & Permit Required

Home-based processors: Home-based processors must register annually with the Kentucky Cabinet for Health and Family Services/Food Safety Branch and submit verification of an approved water source. A home-based processor may also be subject to food sampling and inspection if it is determined that its food product is misbranded, adulterated, or if a consumer complaint has been received.

Home-based microprocessors: Farmers must apply and receive certification from the Cabinet for Health and Family Services/Food Safety Branch. Prior to applying for certification, a farmer must attend a Home-based Microprocessor Workshop hosted by the University of Kentucky.

 

Sales Limit

Home-based Processor: None

Home-based Microprocessors: Annual sales must not exceed $35,000.

 

 

Required Labeling

Labels must include: (1) the name and address of the home-based processing operation; (2) the common or usual name of the food product; (3) the ingredients of the food product, in descending order of predominance, by weight; (4) the net weight and volume of the food product by standard measure, or numerical count; (5) the following statement in ten-point type: “This product is home-produced and processed”; and (6) the date the product was processed.

http://kentuckyhomebakers.com/home-based-processing/labeling-and-allergens/
https://chfs.ky.gov/agencies/dph/dphps/fsb/Pages/default.aspx


Louisiana

Tiers and Types of Cottage Food Producers

Louisiana has one category of cottage food production. Anyone can become a cottage food producer; however, a producer of baked goods may not employ anyone to assist in the operation.

 

 

Types of Cottage Food Products Allowed

Allowed foods are: (1) baked goods, including breads, cakes, cookies, and pies (custard or cream-filled bakery products are allowed, but only if made from pasteurized milk and custards and cream-filled mixtures are cooked to a temperature of one hundred forty-five degrees Fahrenheit for a period of not less than thirty minutes); (2) candies; (3) cane syrup; (4) dried mixes; (5) honey and honeycomb products; (6) jams, jellies, and preserves; (7) pickles and acidified foods; (8) sauces and syrups; (9) and spices.

Limits on Where Cottage Food Products Can Be Sold

Baked goods cannot be sold to retail businesses and cannot be resold by individuals. There are no limits on where other products may be sold.

Registration, Inspection, Licensure & Permit Required

 

None

Sales Limit

Gross annual sales must not exceed $20,000.

Required Labeling

The label must clearly indicate that the food was not produced in a licensed or regulated facility.

http://www.legis.la.gov/legis/ViewDocument.aspx?d=913658&n=HB1270%20Act%20542

http://www.rustonfarmersmarket.org/uploads/2/7/3/1/27317865/cottage_food_guidelines_hb_1270_simplified.pdf


Maine

 

 

Tiers and Types of Cottage Food Producers

Maine state law has one category of cottage food production (called Home Food Manufacturing). Anyone can become a home food manufacturer, and home food manufacturers who comply with Maine’s requirements can sell food throughout  the state at a variety of venues.

In addition, under Maine’s Food Sovereignty legislation passed in 2017, cities and towns within the state can “declare food sovereignty” and develop their own ordinances for local food producers engaged in direct-to-consumer sales at the point of production within the city or town. As of March 2018, 21 towns in Maine had declared food sovereignty.

 

 

Types of Cottage Food Products Allowed

Home Food Manufacturing: Only shelf-stable foods are allowed. Examples include: (1) bakery items; (2) fruit jams and jellies; (3) acidified foods (pickles, relish, etc.); (4) herbs; (5); chocolates and confections; and (6) honey. Testing is required for some cottage food products.

Food Sovereignty: Municipalities may develop their own food ordinances that can eliminate state-level restrictions.

Limits on Where Cottage Food Products Can Be Sold

Home Food Manufacturing: None

Food Sovereignty: Municipalities’ food sovereignty ordinances are limited to addressing foods sold

(1) within the municipality, (2) direct to consumers, and (3) at the point of production.

 

 

Registration, Inspection, Licensure & Permit Required

Home Food Manufacturing: A food producer must apply for a Home Food Processor license from the Department of Agriculture, Conservation and Forestry annually and the producer’s premises will be inspected by the Department before a license is issued or renewed. A Mobile Vendor license is also required to sell products at a farmer’s market.

Food Sovereignty: Municipal ordinances related to meat and poultry licensing and inspection must comply with state and federal food safety laws and regulations. Otherwise, municipalities may pass food sovereignty ordinances that allow for sales of any other food products without registration, inspection, licensure, or permits.

Sales Limit

None

Required Labeling

Home Food Manufacturing: All packaged food must be labeled with the following information:

(1) the common or usual name of the product; (2) ingredients in order of predominance; (3) net weight or numerical count; and; (4) the name and address of the producer, manufacturer or distributor and zip code. Unpackaged products sold directly from the producer’s home to a consumer do not require a label.

Food Sovereignty: Local food sovereignty ordinances may eliminate labeling requirements.

http://www.mainefarmersmarkets.org/food-%20sovereignty/

 

Maryland

Tiers and Types of Cottage Food Producers

Maryland has one category of cottage food production. Anyone can become a cottage food producer.

 

Types of Cottage Food Products Allowed

The following products are allowed: (1) non-potentially hazardous hot-filled canned acid fruit jellies, jams, preserves, and butters that are unadulterated and packaged to maintain food safety and integrity; (2) fruit butter made only from apples, apricots, grapes, peaches, plums, prunes, quince, or another fruit or fruit mixture that will produce an acid canned food; (3) jam, preserve, or jelly made only from apples, apricots, grapes, peaches, plums, prunes, quince, oranges, nectarines, tangerines, blackberries, raspberries, blueberries, boysenberries, cherries, cranberries, strawberries, red currants, or another fruit or fruit mixture that will produce an acid canned food;

(4) non-potentially hazardous baked goods; (5) foods manufactured on a farm by a licensed food processor in accordance with MD. Code Regs. § 10.15.04.19; (6) non-potentially hazardous candy; and (7) all other non-potentially hazardous foods produced by a licensed entity.

Limits on Where Cottage Food Products Can Be Sold

Sales maybe made only at a farmer’s market, bake sale or public event. Internet sales are prohibited.

Registration, Inspection, Licensure & Permit Required

No license or registration is required. However, upon receipt of a complaint or outbreak of illness, the Department of Health and Mental Hygiene may send a representative to enter and inspect the premises of a cottage food business and collect samples of a cottage food product or its ingredients to determine if the cottage food product is misbranded or adulterated.

Sales Limit

Gross annual revenue is limited to $25,000.

 

Required Labeling

Labels must contain the following information: (1) the name and address of the cottage food business; (2) the name of the cottage food product; (3) the ingredients of the cottage food product in descending order of the amount of each ingredient by weight; (4) the net weight or net volume of the cottage food product; (5) allergen information as specified by federal labeling requirements; (6) nutritional information as specified by federal labeling requirements, if any nutritional information claim is made; and (7) printed in 10 point or larger type in a color that provides a clear contrast to the background of the label: “Made by a cottage food business that is not subject to Maryland’s food safety regulations.”

https://extension.umd.edu/mredc/specialty-modules/cottage-food-business-law-md

https://phpa.health.maryland.gov/OEHFP/OFPCHS/Pages/CottageFoods.aspx


Massachusetts

Tiers and Types of Cottage Food Producers

Massachusetts has one category of cottage food production. Anyone can become a cottage food producer.

 

Types of Cottage Food Products Allowed

Non-potentially hazardous foods are allowed. Ingredients that are potentially hazardous foods, such as milk, cream, and eggs, may be used in food preparation for the public provided that the final product is a non-potentially hazardous food. Canned acidified foods are not allowed.

Limits on Where Cottage Food Products Can Be Sold

 

Sales maybe made direct to consumers only. Mail order and wholesale sales are prohibited.

Registration, Inspection, Licensure & Permit Required

 

All residential kitchens must be inspected and licensed by the local board of health.

Sales Limit

None

 

Required Labeling

Labels must include: (1) the product name; (2) ingredients listed in descending order of predominance by weight and a complete listing of sub-ingredients in a composite food ingredient;

(3) total net weight (in ounces, pounds, pints, etc.); (4) dual declaration of net weight if the product weighs one pound or more; (5) keep refrigerated or keep frozen if applicable; (6) recommended storage conditions; (7) open date and recommended storage conditions; and (8) name/address of manufacturer, packer, or distributor (and name if the company is not in the local phone book).

www.mass.gov/files/documents/2016/07/vt/food-label-brochure.pdf
https://concordma.gov/661/Starting-a-Food-Business


Michigan

Tiers and Types of Cottage Food Producers

Michigan has one category of cottage food production. Anyone can become a cottage food producer.

 

 

 

Types of Cottage Food Products Allowed

Non-potentially hazardous foods that do not require time and/or temperature control for safety is allowed. Examples include bread; baked goods; cookies; cakes; quick breads and muffins; cooked fruit pies; fruit jams and jellies; confections and candies (made without alcohol); granola; dry herbs and dry herb mixtures; dry baking mixes; dry dip mixes; dry soup mixes; dehydrated vegetables

or fruits; popcorn; cotton candy; non-potentially hazardous dry bulk mixes sold wholesale and repackaged into a Cottage Food product; chocolate-covered pretzels, marshmallows, graham crackers, Rice Krispies treats, strawberries, pineapple, bananas, or other non-TCS foods; coated or uncoated nuts; dried pasta made with or without eggs; roasted coffee beans or ground roasted coffee; and vinegar and flavored vinegars. Canned acidified foods are not allowed.

Limits on Where Cottage Food Products Can Be Sold

Products maybe sold direct to customers only. The products cannot be sold to retail stores, restaurants, over the Internet, by mail order, by consignment, or to wholesalers, brokers or other food distributors who resell foods.

Registration, Inspection, Licensure & Permit Required

 

None

Sales Limit

Gross annual sales must not exceed $25,000.

 

Required Labeling

Labels must include the following information: (1) name and physical address of the cottage food operation; (2) name of the cottage food product; (3) the ingredients of the cottage food product, in descending order of predominance by weight (if you use a prepared item in your recipe, you must list the sub ingredients as well); (4) the net weight or net volume of the cottage food product; (5) allergen labeling as specified in federal labeling requirements; (6) federal labeling requirements

that apply to any nutritional claims, and (7) the following statement in at least 11 point font and in a color that provides a clear contrast to the background: “Made in a home kitchen that has not been inspected by the Michigan Department of Agriculture & Rural Development”.

http://www.michigan.gov/mdard/0,4610,7-125-50772_45851-240577--,00.html


Minnesota

Tiers and Types of Cottage Food Producers

Minnesota has one category of cottage food production. Anyone can become a cottage food producer.

 

 

 

 

Types of Cottage Food Products Allowed

Non-potentially hazardous foods are allowed. Non-potentially hazardous foods are defined as: (1) an air-cooled hard-boiled egg with shell intact; (2) a food with an aw value of 0.85 or less; (3) a portion of food with a pH level of 4.6 or below when measured at 24 degrees C (75 degrees F); (4) a food, in an unopened hermetically sealed container, that is commercially processed to achieve and maintain commercial sterility under conditions of nonrefrigerated storage and distribution; (5) a food for which laboratory evidence demonstrates that the rapid and progressive growth of infectious and toxigenic microorganisms or the growth of Salmonella enteritidis in eggs or Clostridium botulinum

cannot occur, including a food that has an aw and a pH that is above the levels specified in subitem

(2) or (3) and that may contain a preservative, another barrier to the growth of microorganisms, or a

combination of barriers that inhibit the growth of microorganisms; or (6) a food that may contain an infectious or toxigenic microorganism or chemical or physical contaminant at a level sufficient to cause illness, but that does not support the growth of microorganisms.

 

Limits on Where Cottage Food Products Can Be Sold

Cottage food products may be sold only directly to the ultimate consumer at the producer’s home, farmers markets, community events, or through donation to a community event with the purpose of fund-raising for an individual, or an educational, charitable, or religious organization. Cottage food products may be sold over the Internet as long as the producer directly delivers the products to the ultimate consumer.

 

Registration, Inspection, Licensure & Permit Required

All cottage food producers must register with the Minnesota Department of Agriculture annually and must complete food safety education before selling exempt food. Producers making between

$5,000 and $18,000 must pay a registration fee and take an in-person approved food safety course prior to registration. Producers making less than $5,000 in receipts do not need to pay a registration fee and may complete food safety education via an online course and exam provided by the Minnesota Department of Agriculture.

Sales Limit

Annual gross sales must not exceed $18,000.

 

 

Required Labeling

Labels must include the following information: (1) producer’s name and address; (2) the date produced; (3) and the ingredients, including potential allergens. Producer must also display a sign that says, “these products are homemade and not subject to state inspection” (for canned

goods, “These canned goods are homemade and not subject to state inspection”); if selling on the Internet, producer must post the same disclaimer on the webpage.

https://www.mda.state.mn.us/food-feed/cottage-food-law-guidance


Mississippi

Tiers and Types of Cottage Food Producers

Mississippi has one category of cottage food production. Anyone can become a cottage food producer.

 

 

 

Types of Cottage Food Products Allowed

Non-potentially hazardous foods that do not require time and/or temperature controls for safety is allowed. Allowed foods include: (1) baked goods without cream, custard, or meat fillings, such as breads, biscuits, cookies, pastries, and tortillas; (2) candy; (3) chocolate-covered nonperishable foods, such as pretzels, nuts, and fruit (except for melons); (4) dried fruit (except for melons); (5) dried pasta; (6) dried spices; (7) dry baking mixes; (8) granola, cereal, and trail mixes; (9) dry rubs;

(10) fruit pies; (11) jams, jellies, and preserves that comply with the standard described in part 150 of Title 21 of the code of Federal Regulations; (12) nut mixes; (13) popcorn; (14) vinegar and

mustard; (15) waffle cones; (16) acidified products which meet the definition as stated in part 114 of Title 21 of the Code of Federal Regulations.

Limits on Where Cottage Food Products Can Be Sold

Sales maybe made direct to consumers only. Internet sales, sales by mail order, and sales at wholesale or to a retail establishment are not permitted.

Registration, Inspection, Licensure & Permit Required

 

None

Sales Limit

Annual gross sales must not exceed $20,000.

Required Labeling

All cottage food products must be prepackaged with a label including the following information:

(1) the name and address of the cottage food operation; (2) the name of the cottage food product;

(3) the ingredients of the cottage food product, in descending order of predominance of weight;

(3) the net weight or volume of the cottage food product; (4) allergen information as specified by federal labeling requirements; (5) if any nutritional claim is made, appropriate nutritional information as specified by federal labeling requirements; and (6) the following statement printed in at least ten-point type in a color that provides a clear contrast to the background of the label: “Made in a cottage food operation that is not subject to Mississippi’s food safety regulations.”

http://msdh.ms.gov/msdhsite/_static/resources/5375.pdf

http://www.msices.org/cottage-law-in-mississippi.html


Missouri

Tiers and Types of Cottage Food Producers

Missouri has one category of cottage food production. Anyone can become a cottage food producer.

Types of Cottage Food Products Allowed

Cottage foods are limited to non-potentially hazardous baked goods (includes cookies, cakes, breads, Danish, donuts, pastries, pies, and other items prepared by baking the item in an oven); canned jams and jellies; and dried herbs or herb mixes.

Limits on Where Cottage Food Products Can Be Sold

 

Sales may be made directly to consumers only. Internet sales are prohibited.

Registration, Inspection, Licensure & Permit Required

 

None

Sales Limit

Annual gross income must not exceed $50,000.

 

Required Labeling

Labels must include: (1) name and address of the cottage food operation; (2) common name of the food; (3) all the ingredients in the food in order of predominance; (4) the net weight of the food in English or metric units; and (5) a statement that the food is not inspected by the local or state health department.

https://agrimissouri.com/pdf/fmhandbook.pdf

http://www.pulaskicountyhealth.com/eph/documents/HB1508ICottageFood.pdf


Montana

Tiers and Types of Cottage Food Producers

Montana has one category of cottage food production. Anyone can become a cottage food producer.

 

 

 

 

 

Types of Cottage Food Products Allowed

A cottage food operator is allowed to produce only the following food items as long as they are non-potentially hazardous foods: (1) products that may be cooked in an oven (including loaf bread, rolls, biscuits, quick breads, and muffins; cakes including celebration cakes such as birthday, anniversary, and wedding cakes; pastries and scones; cookies and bars; crackers; cereals, trail mixes, and granola; pies, except that custard-style pies, pies with fresh fruit that is unbaked, or pies that require refrigeration after baking are not approved; nuts and nut mixes; and snack mixes; (2) standardized jams, jellies, preserves, and fruit butters as identified under 21 CFR, Part 150, subject to certain requirements; (3) dried fruit made from fresh fruits that have a natural pH below 4.6

(see regulations for list) and follow certain methods; (4) dry herb combining and packaging, and seasoning and mixture combining; examples of which are dry bean soup mixes, dry teas and coffees, and spice seasonings; (5) popcorn, popcorn balls, cotton candy; (6) fudge, candies, and confections that require a cook step; (7) molded chocolate using commercial chocolate melts; and (8) honey.

Other products may be approved on a case-by-case basis by the department in consultation with the local health department of the county in which the cottage food operator is registered.

Limits on Where Cottage Food Products Can Be Sold

Sales maybe made directly to consumers only. The direct sale must be a face-to-face purchase or exchange between the cottage food producer and a consumer. The direct sale may not be by consignment or involve shipping or internet sales.

Registration, Inspection, Licensure & Permit Required

Cottage food producers must register with the local health authority in the county in which the person’s domestic residence is located and pay a registration fee.

Sales Limit

None

 

 

 

Required Labeling

Cottage foods must be packaged and include a label with the following information: (1) the name, address, city, state, and zip code of the cottage food operation; (2) the name of the cottage food product; (3) the ingredients of the cottage food product, in descending order of predominance

by weight; (4) the net quantity, weight, count, or volume of the cottage food product; (5) allergen labeling as specified by federal and state labeling requirements; (6) if a nutritional claim is made, an appropriate label if required by federal law; and (7) the following statement, printed in at least the equivalent of 11-point font size in a color that provides a clear contrast to the background and is conspicuously placed on the principal label: “Made in a home kitchen that is not subject to retail food establishment regulations or inspections.”

https://dphhs.mt.gov/publichealth/FCSS/cottagefood


Nebraska

Tiers and Types of Cottage Food Producers

Nebraska has one category of cottage food production. Anyone can become a cottage food producer.

Types of Cottage Food Products Allowed

Products that are not time/temperature controlled for food safety are allowed. Canned acidified foods are not allowed.

Limits on Where Cottage Food Products Can Be Sold

 

Food may be sold only directly to the consumer and only at a farmer’s market.

Registration, Inspection, Licensure & Permit Required

 

None

Sales Limit

None

 

Required Labeling

 

No label is required; however, the consumer must be informed by a clearly visible placard at the sale location that the food was prepared in a kitchen that is not subject to regulation and inspection by the regulatory authority.

https://nebraskalegislature.gov/laws/statutes.php?statute=81-2,245.01


Nevada

Tiers and Types of Cottage Food Producers

Nevada has one category of cottage food production. Anyone can become a cottage food producer.

 

 

Types of Cottage Food Products Allowed

Allowed products are limited to (1) nuts and nut mixes; (2) candies; (3) jams, jellies and preserves;

(4) vinegar and flavored vinegar; (5) dry herbs and seasoning mixes; (6) dried fruits; (7) cereals, trail mixes, and granola; (8) popcorn and popcorn balls; and (9) baked goods that are not potentially hazardous foods, do not contain cream, uncooked egg, custard, meringue or cream cheese frosting or garnishes, and do not require time-temperature control for food safety.

Limits on Where Cottage Food Products Can Be Sold

Sales maybe made only directly to the consumer at the producer’s home, farmers market, garage sale, flea market, swap meet, church bazaar, or craft fair. Telephone and internet sales are prohibited.

 

Registration, Inspection, Licensure & Permit Required

Cottage food operators must register with the local health authority. The state does not accept permits from local health authorities in certain counties; producers from those counties must register with the Division of Public and Behavioral Health. The local health authority may inspect a cottage food operation to investigate a food item that may be adulterated.

Sales Limit

Annual gross sales must not exceed $35,000.

 

 

Required Labeling

Products must be affixed with a label that includes the following statement: “Made in A Cottage Food Operation That Is Not Subject to Government Food Safety Inspection.” Label must also include the following information: (1) name of the product; (2) net quantity; (3) list of ingredients;

(4) name and physical address where the product was manufactured, packaged or distributed; and (5) declaration of allergens.

http://dpbh.nv.gov/Reg/Cottage/Cottage_Food_Registration_-_Home/


New Hampshire

Tiers and Types of Cottage Food Producers

New Hampshire has a two-tiered cottage food system. Producers will be either Exempt or Licensed, depending on their scale and sales venues. The different requirements for each tier are broken out in the table below. Anyone can become either a type of producer.

 

 

Types of Cottage Food Products Allowed

Allowed “homestead food products” means foods which are not potentially hazardous food, limited to the following: (1) baked items, including, but not limited to, breads, rolls, muffins, cookies, brownies, and cakes; (2) double-crusted fruit pies; (3) candy and fudge; (4) packaged dry products, which include, but are not limited to, spices and herbs; (5) acid foods, including, but not limited to, vinegars and mustards; and (6) jams and jellies.

 

Limits on Where Cottage Food Products Can Be Sold

Exempt: Homestead food operations with annual sales under $20,000 can sell cottage food products only at the producer’s residence, producer’s farm stand, farmer's markets or retail food stores.

Licensed: Licensed homestead food operations can sell cottage food products to restaurants or other retail food establishments, over the Internet, by mail order, and to wholesalers, brokers, or other food distributors.

Registration, Inspection, Licensure & Permit Required

Exempt: None

Licensed: Producers must apply for and obtain a license from the New Hampshire Department of Health and Human Services.

 

     Sales Limit

Exempt: Annual gross sales must not exceed $20,000 for non-licensed homestead food operations.

Licensed: None

 

 

 

 

 

 

Required Labeling

Exempt and Licensed: All products must be sold in packages with individual labels on each package containing the following information: (1) name of the homestead food operation; (2) address of the homestead food operation; (3) phone number of the homestead food operation;

(4) name of the homestead food product; (5) all ingredients of the homestead food product in descending order of predominance by weight; (6) the name of each major food allergen contained in the homestead food product unless it is already part of the common or usual name of the respective ingredient already disclosed in the ingredient statement in (5) above; and (7) additional requirements below based on the type of operation.

Exempt only: Products made by non-licensed homestead food operations shall be labeled with the following statement: “This product is exempt from New Hampshire licensing and inspection” in at least the equivalent of 10 point font and a color that provides a clear contrast to the background and a product code that identifies the product with a batch number or a date of manufacture to aid in a recall of the product in case of an imminent health hazard.

Licensed only: Products made by licensed homestead food operations shall also be clearly labeled with the following statement: “This product is made in a residential kitchen licensed by the New Hampshire Department of Health and Human Services.”

https://www.dhhs.nh.gov/dphs/fp/homestead.htm


New Jersey

As of publication of this report, New Jersey does not allow to produce cottage food products.


New Mexico

Tiers and Types of Cottage Food Producers

New Mexico has one category of cottage food production. Anyone can become a cottage food producer.

Types of Cottage Food Products Allowed

The following non-potentially hazardous food products are allowed: high sugar-containing jam/ jellies; non-cream filled baked goods (yeast and quick breads, cookies, cakes, fruit pies, etc.); tortillas; candy/fudge; and dry mixes (made with commercially processed ingredients).

Limits on Where Cottage Food Products Can Be Sold

Sales maybe made directly to the consumer only. Products cannot be sold in retail food establishments, such as restaurants, grocery stores, and convenience stores, by internet sales, or sold in interstate commerce.

Registration, Inspection, Licensure & Permit Required

Individuals must obtain a permit from the New Mexico Environment Department and attend an approved food safety course within the last five years of applying for the permit. In addition, home-based food processing operations must keep a sample of each processed food batch for fourteen days. The samples shall be labeled with the production date and time.

Sales Limit

None

 

 

 

Required Labeling

All packaged food shall be labeled in accordance with the applicable state and federal laws and must include the following information: (1) the name, street address, city, state and zip code

of either the manufacturer, packer, or distributor; (2) an accurate statement of the net amount of food in the package, in terms of weight measure, volume measure (listed in both “English” and metric units) or numerical count; (3) the common or usual name of the food contained

in the package; (4) ingredients of the food, listed by their common names, in order of their predominance by weight; (5) the following statement in bold conspicuous 12-point type on the principal display panel: “home produced.”

https://www.env.nm.gov/foodprogram/home-based-food-processor/


New York

 Tiers and Types of Cottage Food Producers

New York has one category of cottage food production. Anyone can become a cottage food producer.

 

 

 

 

 

Types of Cottage Food Products Allowed

As of 2018, only the following non-potentially hazardous foods are allowed: bread (excluding those containing fruits and/or vegetables); rolls (including cinnamon rolls); biscuits; bagels; muffins; doughnuts; cookies; baklava; biscotti (no chocolate or candy melts allowed for topping); cakes; cake pops (no chocolate or candy melts allowed for topping); cupcakes; brownies;

double-crust fruit pies; scones; fruit jams, jellies, and marmalades made with high acid/low pH fruits; repacked/blended commercially dried spices or herbs; repackaged dried or dehydrated vegetables, dried soup mixes, dried fruit, dried pasta, or dry baking mixes; seasoning salt; fudge; popcorn/caramel corn; peanut brittle; Rice Krispies Treats; granola and trail mix (using commercially roasted nuts); granola bars (using commercially roasted nuts); candy (excluding

chocolate; melting of chocolate or chocolate-like candies is not allowed); waffle cones and pizzelle; toffee/caramel apples (no candy melts); confections (toffees, caramels, hard candies); vegetable chips; crackers; pretzels. Custom bakery items such as wedding cakes are prohibited. This list is reviewed and updated annually.

Limits on Where Cottage Food Products Can Be Sold

None. Products may be sold wholesale and/or retail, including agricultural venues such as farms, farm stands, farmers markets, green markets, craft fairs, and flea markets and community-supported agriculture subscriptions in person, via home delivery or via the internet. Shipping is allowed within New York State.

Registration, Inspection, Licensure & Permit Required

Cottage food businesses must complete a Home Processor Registration Request and become registered before beginning operation.

Sales Limit

None

 

Required Labeling

All finished product containers must be labeled with the following information: (1) common/usual name of the product; (2) ingredient list in predominance by weight; (3) net quantity of contents; and (4) processor name and full address. All allergens (eggs, milk, fish, shellfish, soybeans, peanuts, tree nuts) must be clearly identified in the product ingredient statement.

https://www.health.ny.gov/environmental/indoors/food_safety/regs.htm
https://www.agriculture.ny.gov/FS/consumer/FSI-898D_Home_Processor.pdf


North Carolina

Tiers and Types of Cottage Food Producers

North Carolina has one category of cottage food production. Anyone can become a cottage food producer.

Types of Cottage Food Products Allowed

Low risk packaged food products are allowed. Allowed foods can include baked goods; jams and jellies; candies; dried mixes; spices; some shelf-stable sauces and liquids (laboratory testing required); and pickles and acidified foods (laboratory testing required).

Limits on Where Cottage Food Products Can Be Sold

 

None

Registration, Inspection, Licensure & Permit Required

Producers must complete an application for a Home Processing Inspection and be inspected by a Food Regulatory Specialist from the NC Department of Agriculture and Consumer Services.

Sales Limit

None

 

Required Labeling

 

The following information must be included on the label: (1) product name; (2) manufacturer’s name and address; (3) net weight of the product in ounces/pounds and the gram weight equivalent; (4) complete list of ingredients in order of predominance by weight.

https://www.ncagr.gov/fooddrug/food/homebiz.htm

https://www.ncagr.gov/fooddrug/food/documents/HomeProcessorHandout.pdf


North Dakota

Tiers and Types of Cottage Food Producers

 

North Dakota has one category of cottage food production. Anyone can become a cottage food producer.

 

 

 

 

 

 

Types of Cottage Food Products Allowed

Per interim guidance, low-risk food and drink products that are highly acidic in nature (pH < 4.6) and do not require time and temperature control for food safety is allowed. Examples include: baked goods (including baked goods requiring time and temperature controls for safety, which must be maintained frozen and specially labeled); candy (including brittle, caramels, chocolate, chocolate-dipped pretzels, chocolate-dipped Oreos, cotton candy, sugar art fudge; excluding candy or chocolates with cream-based fillings); coated and uncoated nuts; home-canned jams, jellies, and preserves including apples, cherries, grapes, plums, peaches, strawberries and other berries; chutney containing fruit as the main ingredient; fruit butter; fruit pies (including pecan pie) and fruit empanadas; dehydrated fruits and vegetables, including dry, edible beans; popcorn and popcorn balls; cereal, including granola; flour; honey; dry herbs, seasonings, and herb mixes; vinegar, cider vinegar, and flavored vinegar; roasted coffee or dry tea; farm flock eggs (subject to additional requirements); pickled vegetables, dill or sweet pickles, salsa, tomato products, and

other acidified foods, such as barbeque sauces, taco sauce, ketchup and/or mustards, where the equilibrium pH level has been reduced to 4.6 or less and verified using a calibrated pH meter; and naturally fermented foods such as sauerkraut and kimchi where the equilibrium pH level has been reduced to 4.6 or less and verified using a calibrated pH meter.

 

 

Limits on Where Cottage Food Products Can Be Sold

Sales must be directly between the cottage food operator and an informed end consumer (meaning an individual who is the last person to purchase the product and has been informed that the product is not licensed, regulated, or inspected). Direct sales may occur at a farm, ranch, farmers market, farm stand, home-based kitchen, or any other venue not otherwise prohibited by law or through delivery. Sales may not involve interstate commerce or be conducted over the internet or phone, through the mail, or by consignment. Additionally, cottage foods cannot be

sold or used in any food establishment, food-processing plant, or food store, except for whole, unprocessed fruits, and vegetables. Cottage foods may be sold for home consumption only.

Registration, Inspection, Licensure & Permit Required

 

None

Sales Limit

None

 

 

Required Labeling

A cottage food operator must label a cottage food product with the following statement or display a consumer advisory sign at the point of sale: “This product is made in a home kitchen that is

not inspected by the state or local health department.” Furthermore, the cottage food operator shall inform the end consumer that any cottage food product or food sold under this section

is not certified, labeled, licensed, packaged, regulated, or inspected. In addition, baked goods that require refrigeration shall be labeled with safe handling instructions and include a product disclosure statement indicating the product was maintained frozen since its production date.

https://www.ndhealth.gov/FoodLodging/CottageFood.asp


Ohio

Tiers and Types of Cottage Food Producers

Ohio has a two-tiered cottage food system: Cottage Food and Home Bakery. The different requirements for each tier are broken out in the table below. Anyone can become either a type of producer.

 

 

 

 

 

 

Types of Cottage Food Products Allowed

Cottage Food: The following non-potentially hazardous foods are allowed: (1) non-potentially hazardous bakery products (2) jams; (3) jellies; (4) candy, not including fresh fruit dipped, covered, or otherwise incorporated with candy; (5) flavored honey which has been produced by a beekeeper exempt under division (A) of section 3715.021 of the Revised Code; (6) fruit

chutneys; (7) fruit butters; (8) granola, granola bars, granola bars dipped in candy, if fruit is used in any of these products it must be commercially dried; (9) maple sugar produced by a maple syrup producer exempt under division (A) of section 3715.021 of the Revised Code; (10) popcorn, flavored popcorn, kettle corn, popcorn balls, caramel corn, not including popping corn; (11) unfilled baked donuts; (12) waffle cones and waffle cones dipped in candy; (13) pizzellas; (14) dry cereal and nut snack mixes with seasonings; (15) roasted coffee, whole beans or ground; (16) dry baking mixes in a jar, including cookie mix in a jar; (17) dry herbs and herb blends; (18) dry soup mixes containing commercially dried vegetables, beans, grains, and seasonings; (19) dry seasoning blends; and (20) dry tea blends.

Home Bakery: Home producers may sell potentially hazardous baked goods that require refrigeration, such as cheesecakes, cream pies, custard pies, and pumpkin pies, and non- hazardous baked goods, such as cookies, breads, brownies, cakes, fruit pies, etc.

 

Limits on Where Cottage Food Products Can Be Sold

Cottage Food: Cottage food products may be sold directly to the consumer from the home where the products are produced. They may also be sold through grocery stores, farm markets, farmer's markets, and sold and/or used in preparing food in a restaurant. The products may only be sold within Ohio.

Home Bakery: Products may be sold from the home baker’s residence, grocery stores, convenience stores, farm markets, farmer's markets, and other retail outlets.

 

Registration, Inspection, Licensure & Permit Required

Cottage Food: License and registration are not required. However, all cottage food products are subject to sampling by the Department of Agriculture.

Home Bakery: Home bakeries must be licensed and inspected by the Food Safety Division at the Ohio Department of Agriculture.

Sales Limit

None

 

 

 

 

Required Labeling

Cottage Food: All cottage food products must contain a label indicating: (1) name and address of the cottage food business; (2) name of the food product; (3) ingredients of the food product in descending order of predominance by weight; (4) net weight and volume of the food product; and

(5) the following statement in 10-point type: “This product is home produced.”

Home Bakery: All home bakery products must include the following information on a label: (1) the name of the food product; (2) net weight and volume of contents; (3) ingredients of the food product, listed in descending order of predominance by weight; (4) the name and address of the business; (5) the following statement or a similar statement if the bakery item required

refrigeration: “Keep Refrigerated;” and (6) if nutrient content claims or health claims are made, the product must bear all required nutritional information in the form of the Nutrition Facts panel.

https://agri.ohio.gov/wps/portal/gov/oda/divisions/food-safety/resources/cottage-food


Oklahoma

Tiers and Types of Cottage Food Producers

Oklahoma has one category of cottage food production. Anyone can become a cottage food producer.

Types of Cottage Food Products Allowed

Only baked goods are allowed. Any baked goods are allowed except for products that contain meat products or fresh fruit.

Limits on Where Cottage Food Products Can Be Sold

Sales maybe made at the producer’s home, at farmers markets, cooperatives, membership-based buying clubs, and by phone or internet with delivery occurring within Oklahoma.

Registration, Inspection, Licensure & Permit Required

 

None

Sales Limit

Gross annual sales must not exceed $20,000.

 

Required Labeling

All food must be labeled with the following information: (1) name and address of the home food establishment; (2) name of the prepared food; and (3) the following statement in 10-point font: “Made in a home food establishment that is not licensed by the State Department of Health.”

https://www.ok.gov/health/County_Health_Departments/Cleveland_County_Health_Department/Environmental_Health/Rules_and_Regulations.html


Oregon

 

Tiers and Types of Cottage Food Producers

Oregon has a three-tiered cottage food system. Home producers may prepare foods as a Cottage Food producer or Domestic Kitchen. Agricultural producers may sell producer-processed products as Farm Direct producers. The different requirements for each tier are broken out in the table below. Anyone can become a Cottage Food or Domestic Kitchen producer; only farmers can become Farm Direct Producers.

 

 

 

Types of Cottage Food Products Allowed

Cottage Food: Non-potentially hazardous baked goods and confectionary items are allowed.

Domestic Kitchen: Any food is allowed except food produced by low acid food canning, dairy processing (such as homemade ice cream or yogurt), and some meat processing.

Farm Direct: An agricultural producer may process and sell products made from principal ingredients grown by the producer. Producer-processed products are limited to (1) fruit-based syrups and fruit in syrup, preserves, (2) jams, jellies and preserves, (3) acidified fruits and vegetables, including pickles, chutneys and sauces, and (4) Lacto-fermented fruits and vegetables, all having a pH of 4.6 or lower.

 

Limits on Where Cottage Food Products Can Be Sold

Cottage Food: Sales must be direct to the end consumer. Sales over the internet, commercial entity or an institution including but not limited to a restaurant, grocery store, caterer, school, daycare center, hospital, nursing home or correctional facilities are prohibited.

Domestic Kitchen: None

Farm Direct: Sales must be direct to the end consumer.

 

Registration, Inspection, Licensure & Permit Required

Cottage Food: Producers must complete a state-approved food handler training program.

Domestic Kitchen: Producers must obtain a domestic kitchen license from the Oregon Department of Agriculture and may be subject to inspection prior to licensing.

Farm Direct: None

 

Sales Limit

Cottage Food: Annual gross sales from home bakery must not exceed $20,000.

Domestic Kitchen: None

Farm Direct: Annual gross sales of producer-processed foods must not exceed $20,000.

 

 

 

 

 

Required Labeling

Cottage Food: All products must be affixed with a label that includes: (1) the following statement: “This product is homemade and is not prepared in an inspected food establishment”; (2) name, phone number and address for the food establishment; (3) name of the product; (4) ingredients of the product in descending order by weight; (5) net weight or net volume of the product; (6) any applicable allergen warnings as specified under federal labeling requirements; and (7) if the label provides any nutrient content claim, health claim or other nutritional information, product nutritional information as described in federal labeling requirements.

Domestic Kitchen: All products must have a label with the following information: (1) business name; (2) business address; (3) ingredients of the product in descending order by weight; (4) net weight; and (5) product name.

Farm Direct: All producer-processed products must have a label with the following information:

(1) product identity; (2) net weight; (3) an ingredients statement (including any major allergens);

(4) the address of the agricultural producer; (5) “THIS PRODUCT IS HOMEMADE AND IS NOT PREPARED IN AN INSPECTED FOOD ESTABLISHMENT;” and (6) “NOT FOR RESALE.”

https://www.oregon.gov/oda/programs/foodsafety/fslicensing/pages/domestickitchen.aspx


Pennsylvania

Tiers and Types of Cottage Food Producers

Pennsylvania has one category of cottage food production. Anyone can become a cottage food producer.

Types of Cottage Food Products Allowed

Foods that are not time/temperature controlled for safety are allowed. Allowed foods include but are not limited to baked goods; jams and jellies; beverages; acidified/fermented foods; dried mixes; and candy. Canned foods that are not acid or acidified foods are not permitted.

Limits on Where Cottage Food Products Can Be Sold

 

None

Registration, Inspection, Licensure & Permit Required

Producers must fill out a required Application for Limited Food Establishment Registration and pass an on-site inspection. Annual registration with the Department of Agriculture is required.

Sales Limit

None

 

 

Required Labeling

All food items (except some baked goods; see below) must be affixed with a label indicating: (1) common name of the food product; (2) name and address of the manufacturer/processor; (3) ingredients listed in decreasing order by weight; (4) allergen declaration if needed; (5) net weight or unit count; and (6) nutritional information if a health claim is made. Bakery items sold directly to a consumer in Pennsylvania do not require any labeling information on the products or any formal display of ingredients; however, ingredient information must be available upon request.

https://www.agriculture.pa.gov/consumer_protection/FoodSafety/manufacturing-packing-holding-distribution/Pages/Limited-Food-Establishment-.aspx


Rhode Island

Tiers and Types of Cottage Food Producers

Rhode Island has one category of cottage food production. Only farm owners who generate a minimum of $2,500 in annual gross sales of agricultural products may become cottage food producers, and they must make products in an on-farm home kitchen that meets certain equipment requirements. For some products, ingredients must be locally grown.

 

 

Types of Cottage Food Products Allowed

Allowed products are non-potentially hazardous products that do not require refrigeration and are made in a home kitchen located on a farm. Allowed products include: (1) jams, jellies, preserves and acid foods, such as vinegars, that are prepared using fruits, vegetables and/or herbs that have been grown locally; (2) double crust pies that are made with fruit grown locally; (3) yeast breads;

(4) maple syrup from the sap of trees on the farm or of trees within a twenty-mile radius of the farm; (5) candies and fudges; and (6) dried herbs and spices.

Limits on Where Cottage Food Products Can Be Sold

Products can be sold only at farmers markets, farm stands, and other markets and stores operated by farmers for the purpose of the retail sale of products of Rhode Island farms.

Registration, Inspection, Licensure & Permit Required

 

All farm home kitchens must be registered with the Department of Health.

Sales Limit

None

Required Labeling

All products must be labeled with a list of ingredients and the name, address and telephone number of the farm.

http://health.ri.gov/applications/FoodFarmHomeManufacturer.pdf
http://www.health.ri.gov/publications/guidance/FoodProcessing.pdf


South Carolina

Tiers and Types of Cottage Food Producers

South Carolina has one category of cottage food production. Anyone can become a cottage food producer.

Types of Cottage Food Products Allowed

Only non-potentially hazardous baked goods and candy are allowed.

Limits on Where Cottage Food Products Can Be Sold

Products may be sold only from the producer’s home directly to the consumer; however, producers may apply for an exemption from inspection and label review by the South Carolina Department

of Agriculture in order to sell products at locations other than where the products were made. A home-based food operation may not sell or offer to sell food items at wholesale or resale.

Registration, Inspection, Licensure & Permit Required

 

None

Sales Limit

Annual gross sales may not exceed $15,000.

 

 

Required Labeling

Labels must include: (1) name and address of the home-based food operation; (2) name of the product being sold; (3) complete ingredient list (including all allergens); (4) the net weight in customary and metric measurements; (5) a conspicuous statement printed in all capital letters and in a color that provides a clear contrast to the background that reads “Not for Resale – Processed and prepared by a home-based food production operation that is not subject to South Carolina’s Food Safety Regulations.”

https://www.carolinafarmstewards.org/wp-content/uploads/2012/10/CFSA_RegGuide-SC2012_08-webres2.pdf

 

South Dakota

Tiers and Types of Cottage Food Producers

South Dakota has one category of cottage food production. Anyone can become a cottage food producer.

Types of Cottage Food Products Allowed

Non-temperature-controlled baked goods and home-pressed canned goods with a pH level of 4.6 or less or a water activity of .85 or less are allowed. The pH level of home-pressed canned goods must be officially verified in writing by a third-party processing authority.

Limits on Where Cottage Food Products Can Be Sold

Products may only be sold directly to consumers. Sales for most items may occur only at a farmer’s market, roadside stand, or similar venue. For baked goods only, items may be sold out of the producer’s primary residence.

Registration, Inspection, Licensure & Permit Required

 

No registration is required.

Sales Limit

Producers of baked goods selling out of their primary residence cannot exceed $5,000 in gross annual sales. There is no sales limit for other types of producers.

 

 

Required Labeling

Labels must include: (1) name of the product; (2) producer and contact information; (3) date the product was made or processed; (4) ingredients; and (5) a disclaimer saying “This product was not produced in a commercial kitchen. It has been home-processed in a kitchen that may also process common food allergens such as tree nuts, peanuts, eggs, soy, wheat, milk, fish, and crustacean shellfish.”

https://www.dakotarural.org/eatlocalfoods/home-processed-foods-law/


Tennessee

Tiers and Types of Cottage Food Producers

Tennessee has one category of cottage food production. Anyone can become a cottage food producer.

Types of Cottage Food Products Allowed

Non-potentially hazardous foods are allowed. Allowed foods include but are not limited to baked goods that do not require refrigeration; jams, jellies, and preserves; candy; and dried baking or spice blends. Canned acidified foods are not allowed.

Limits on Where Cottage Food Products Can Be Sold

 

Products may only be sold directly to end consumers in the state.

Registration, Inspection, Licensure & Permit Required

 

None

Sales Limit

None

 

 

Required Labeling

All food items packaged at the facility must be properly labeled prior to sale. The following, at a minimum, must be present on all food items: (1) the name, street address, city, state and zip code of the manufacturer, packer or distributor; (2) an accurate statement of the net amount of food in the package; (3) the common or usual name of the food; (4) the ingredients in the food; (5) lot dates or numbers shall be evident on each package or container of food.

https://www.tn.gov/news/2012/5/25/new-law-brings-changes-to-the-states-domestic-kitchen-program.html


Texas

Tiers and Types of Cottage Food Producers

 

Texas has one category of cottage food production. Anyone can become a cottage food producer.

 

Types of Cottage Food Products Allowed

Allowed products are limited to (1) non-potentially hazardous baked goods; (2) candy; (3) coated and uncoated nuts; (4) unroasted nut butters; (5) fruit butter; (6) canned jams or jellies; (7) fruit pies; (8) dehydrated fruits; (9) vegetables and beans; (10) popcorn and popcorn snacks; (11) cereal and granola; (11) dry mix; (12) vinegar; (13) pickled cucumbers; (14) mustard; (15) roasted coffee; and (16) dry tea, dried herbs, and herb mixes.

Limits on Where Cottage Food Products Can Be Sold

Products may only be sold directly to consumers at the producer’s home, a farm stand, or a municipal, county, or nonprofit fair, festival or event. Sales may not be made over the internet, by mail order, or at wholesale.

Registration, Inspection, Licensure & Permit Required

 

Producers must successfully complete a basic food safety education training approved by the state.

Sales Limit

Annual gross sales must not exceed $50,000.

 

 

Required Labeling

Labels must include: (1) the name and address of the cottage food production operation; (2) the common or usual name of the product; (3) if a food is made with a major food allergen, such as eggs, nuts, soy, peanuts, milk or wheat that ingredient must be listed on the label; and (4) the statement, “This food is made in a home kitchen and is not inspected by the Department of State Health Services or a local health department.”

https://dshs.texas.gov/foodestablishments/cottagefood/default.aspx


Utah

Tiers and Types of Cottage Food Producers

 

Utah has one category of cottage food production. Anyone can become a cottage food producer.

 

Types of Cottage Food Products Allowed

Non-potentially hazardous baked goods, jam, jelly, or other non-potentially hazardous food produced in a home kitchen are allowed; however, foods for sale must be approved by the Utah Department of Agriculture and Food and the operator must provide the Department with recipes for all foods intended to be sold.

Limits on Where Cottage Food Products Can Be Sold

Products maybe sold at farmers markets, roadside stands, and other places at which the operator sells food from a fixed structure that is permanent or temporary and which is owned, rented or leased by the operator of the cottage food production operation.

Registration, Inspection, Licensure & Permit Required

Cottage food operations must be inspected and registered with the Utah Department of Agriculture and Food before operating a cottage food business. The operator must also hold a valid food handler’s permit, which requires state-approved training. In addition, food producers must keep a sample of each food for 14 days. The samples shall be labeled with the production date and time.

Sales Limit

None

 

 

 

Required Labeling

Labels must include: (1) the name specified by regulation or, in the absence thereof, the name commonly used for that food or an adequately descriptive name; (2) a list of ingredients

in descending order of predominance by weight, when the food is made from two or more ingredients; (3) the name of the food source for each major food allergen contained in the food unless the food source is already part of the common or usual name of the respective ingredient;

(4) An accurate declaration of the net quantity of contents; (5) the name and place of business of the cottage food production operation; (6) the telephone number of the cottage food production operation; (7) nutritional labeling unless the product qualifies for an exemption; and (8) the words “Home Produced” in bold and conspicuous 12-point type on the principal display panel.

http://www.ag.utah.gov/cottage-food-production.html


Vermont

Tiers and Types of Cottage Food Producers

Vermont has three categories in its cottage food system: Home Bakery, Home Caterer, and Exempt Food Processor. The different requirements for each type of production are broken out in the table below. Anyone can become any type of producer.

 

 

Types of Cottage Food Products Allowed

Home Bakery: Bakery products, such as bread, cakes, pies, and other baked goods containing flour are allowed.

Home Caterer: Prepackaged or on-demand food items are allowed. However, meat or poultry products cannot be prepared in a home kitchen unless they are part of a meal sold directly to individual consumers.

Exempt Food Processor: Food processors may produce jarred and packaged products such as jams, jellies, candies, chocolates, salsa, sauces, salad dressings, etc.

 

Limits on Where Cottage Food Products Can Be Sold

Home Bakery: Sales may be made directly to consumers only.

Home Caterer: Sales may be made directly to consumers or to commercial establishments for resale.

Exempt Food Processor: None

 

 

Registration, Inspection, Licensure & Permit Required

Home Bakery: Home bakers that process less than $125 a week in gross sales are exempt from obtaining a license to operate a food establishment from the Vermont Department of Health. Home bakers with gross sales of more than $125 a week must apply and obtain a license from the Vermont Department of Health. An inspection is part of the licensing process.

Home Caterer: Home caterers must apply and obtain a license to operate a food establishment from the Vermont Department of Health. An inspection is part of the licensing process.

Exempt Food Processor: None

 

Sales Limit

Home Bakery: For home bakers operating without a license, weekly gross sales may not exceed

$125. There is not a sales limit on home bakers with a license.

Home Caterer: None

Exempt Food Processor: Annual gross sales must not exceed $10,000

 

Required Labeling

Labels must include: (1) name of the product; (2) name, address, and zip code of the manufacturer;

(3) quantity of contents; (4) ingredients (including allergens); and (5) nutrition labeling if the product makes a health claim.

http://www.healthvermont.gov/health-environment/food-lodging/home-based-food-establishments


Virginia

Tiers and Types of Cottage Food Producers

Virginia has one category of cottage food production. Anyone can become a cottage food producer.

 

 

Types of Cottage Food Products Allowed

Allowed products are: candies; jams and jellies not considered to be low-acid or acidified low-acid food products; dried fruits; dry herbs; dry seasonings; dry mixtures; coated and uncoated nuts; vinegars and flavored vinegars; popcorn; popcorn balls; cotton candy; dried pasta; dry baking mixes; roasted coffee; dried tea; cereals; trail mixes; granola; and baked goods that do not require time or temperature control after preparation. Pickles and other acidified vegetables that have an equilibrium pH value of 4.6 or lower are also permitted.

Limits on Where Cottage Food Products Can Be Sold

Products may only be sold directly to consumers from the producer’s home or a farmer’s market. Cottage food products cannot be resold. Products cannot be sold over the internet, in interstate commerce, or in retail food establishments.

Registration, Inspection, Licensure & Permit Required

 

None

     Sales Limit

Annual gross sales of pickles and other acidified vegetables may not exceed $3,000. There are no sales limits for other products.

 

 

Required Labeling

All products must be affixed with a label displaying the name, physical address, and telephone number of the person preparing the food product, the date the food product was processed, and the statement “NOT FOR RESALE--PROCESSED AND PREPARED WITHOUT STATE INSPECTION”

shall be placed on the principal display panel.

https://law.lis.virginia.gov/vacodefull/title3.2/chapter51/
http://www.vdacs.virginia.gov/dairy-kitchen-food-services-businesses.shtml
http://www.vdacs.virginia.gov/pdf/homefdapplication.pdf





 


Washington

Tiers and Types of Cottage Food Producers

Washington has one category of cottage food production. Anyone can become a cottage food producer.

 

 

 

 

Types of Cottage Food Products Allowed

Allowed products are: (1) non-potentially hazardous baked goods and fried products cooked in an oven, on a stovetop, or in or on an electric device designed for cooking food (including loaf

breads, rolls, biscuits, quick breads, and muffins; cakes including celebration cakes such as birthday, anniversary, and wedding cakes; pastries and scones; cookies and bars; crackers; cereals, trail mixes, and granola; pies, except that custard style pies, pies with fresh fruit that is unbaked or pies that require refrigeration after baking are not approved; nuts and nut mixes; snack mixes; and donuts, tortillas, pizzelles, krumkake, and similar products); (2) non-potentially hazardous candies cooked on a stovetop or in a microwave, provided the operator maintains proper temperature control through the use of a candy thermometer (including molded candies and chocolates; products dipped or coated with candy or chocolate coatings; fudge or fudge-like candies; caramels; nut brittles; and taffy and marshmallow-like candies); and (3) standardized jams, jellies, preserves and fruit butters as identified under 21 C.F.R. 150.

Limits on Where Cottage Food Products Can Be Sold

 

Products may be sold direct to consumers only.

Registration, Inspection, Licensure & Permit Required

Cottage food operators must apply for and obtain a permit from the Washington State Department of Agriculture annually. By obtaining a permit, the business owner consents to in-home inspections during business hours or at other reasonable times.

Sales Limit

Annual gross sales may not exceed $25,000.

 

 

 

Required Labeling

All products must be affixed with a label including (1) the name and address of the business of the cottage food operation; (2) the name of the cottage food product; (3) the ingredients of the cottage food product, in descending order of predominance by weight; (4) the net weight or net volume of the cottage food product; (5) Allergen labeling as specified by the director in rule; (6) if any nutritional claim is made, appropriate labeling as specified by the director in rule; and (7) the following statement printed in at least the equivalent of eleven-point font size in a color that

provides a clear contrast to the background: “Made in a home kitchen that has not been subject to standard inspection criteria.”

https://agr.wa.gov/foodanimal/cottagefoodoperation/

 


West Virginia

Tiers and Types of Cottage Food Producers

West Virginia has one category of cottage food production, with slightly varying requirements based on the type of food produced. Anyone can become a cottage food producer for most products; however, to make canned acidified foods, the producer must use products from the producer’s own West Virginia farm or garden.

Types of Cottage Food Products Allowed

(1) Allowed canned acidified foods include but are not limited to pickled products; sauces; and salsas. Acidified foods are low-acid foods to which acid or acid foods are added with a water activity of greater than .085 and a finished equilibrium of pH 4.6 or below. Most of the produce in canned acidified foods shall be sourced from the vendor’s West Virginia farm or garden, and records of the source of the product shall be maintained. (2) Allowed non-potentially hazardous foods include, but are not limited to Breads, cakes, and candies; honey, tree syrup, apple butter, and molasses; standardized, nondietary (i.e. made with real sugar) jams and jellies; and dehydrated fruits and vegetables. (3) Other allowed foods INCLUDE BUT are not limited to certain fermented products; certain exempted condiments; commercially harvested mushrooms; and canned, whole, or chopped tomatoes, tomato sauce, and tomato juice having a finished equilibrium of pH 4.6 or below.

Limits on Where Cottage Food Products Can Be Sold

Cottage foods maybe sold only at farmer's markets, including traditional farmers markets, on-farm farm stands, consignment farmers markets, and online farmers markets. Online farmers market sales must be delivered in person and may not be shipped.

Registration, Inspection, Licensure & Permit Required

Farmers market vendor permits are required for canned acidified foods. No permit is required for non-potentially hazardous foods or other allowed foods.

Sales Limit

None

Required Labeling

Labels for canned goods must include the words “MADE IN A WV               KITCHEN” in capital, bold, 10-point type or larger words, with the blank space to state whether the product was made in a home, farm, community, or commercial kitchen. In addition, per prior guidance, all products must be affixed with a label including the following information: (1) common name of product; (2) the name and address of processor; (3) an ingredient list with items in order from most to least; (4) net weight in US and Metric equivalency; (5) major allergens.

http://www.pickyourown.org/CottageFoodLaws-WestVirginia.php


Wisconsin

Tiers and Types of Cottage Food Producers

Wisconsin has a two-tiered cottage food system. Pickles and other canned vegetables and fruits are governed by state cottage food legislation. Baked Goods are governed by court rulings (see note). The different requirements for each tier are broken out in the table below. Anyone can become either a type of producer.

Types of Cottage Food Products Allowed

Pickles and other canned vegetables and fruits: Food products that are pickles or other processed canned vegetables or fruits with an equilibrium pH value of 4.6 or lower are allowed.

Baked Goods: Allowed foods are non-potentially hazardous baked goods.

Limits on Where Cottage Food Products Can Be Sold

 

Products may be sold only at community events, social events, or farmer's markets within the state.

Registration, Inspection, Licensure & Permit Required

 

Cottage food operators are not required to obtain a license.

Sales Limit

Pickles and other canned vegetables and fruits: Annual gross sales must not exceed $5,000.

Baked Goods: None

Required Labeling

Pickles and other canned vegetables and  fruits:  The products must be affixed with a label including (1) the name and address of the person who prepared and canned the food product; (2) the date on which the food product was canned; (3) the statement “This product was made in a private home not subject to state licensing or inspection; ” (4) a list of ingredients in descending order of prominence; and (5) if any ingredient originates from milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, or soybeans, the list of ingredients shall include the common name of the ingredient. At the place of sale, the operator must display a sign stating, “These canned goods are homemade and not subject to state inspection.”

Baked Goods: Please note that, because of the Judge’s ruling, we do not need a law to legally bake. We can start baking right now.  Our Wisconsin Legislative branch has the right to pass a reasonable law (check back for updates on that front), but in the meantime, again through the Judicial branch, we are free to bake.

https://www.wisconsincottagefood.com/bestpractices


Wyoming

Tiers and Types of Cottage Food Producers

Wyoming has two categories of cottage food production: Food Freedom and Cottage Foods. Anyone can become either type of producer under Wyoming’s Food Freedom or cottage food laws. Although the Food Freedom law makes the older cottage food law nearly irrelevant, the cottage food law would still apply to food consumed outside a home.

 

Types of Cottage Food Products Allowed

Food Freedom: Any food can be sold directly to consumers under the Food Freedom law except for some meat, poultry, and fish.

Cottage Food: Food that is not potentially hazardous is allowed.

 

Limits on Where Cottage Food Products Can Be Sold

Food Freedom: Sales must be made directly to an informed end consumer (meaning “a person who is the last person to purchase any product, who does not resell the product and who has been informed that the product is not licensed, regulated or inspected”) at farmer's markets, farms, ranches, the producer’s home or office, or any location in Wyoming the producer and the informed end consumer agree to. Internet sales are allowed so long as the food is delivered within Wyoming. All foods sold under the Food Freedom law must be for home consumption only.

Cottage Food: Sales must be made direct to the consumer and are allowed only at farmers markets, roadside stands, private homes, or functions.

Registration, Inspection, Licensure & Permit Required

 

None

Sales Limit

None

 

Required Labeling

Food Freedom: No labeling is required; however, the end consumer must be informed that the product is not licensed, regulated, or inspected.

Cottage Food: The food must be labeled with: name of the food; list of ingredients in descending order by weight; names of major allergens; net quantity; name and place of business of the cottage food business; nutritional labeling if a health claim is made; the words “Home Produced Without Inspection” in bold conspicuous 12-point type; and the date the food was produced.

http://wyagric.state.wy.us/divisions/chs/food-safety
http://wyagric.state.wy.us/divisions/chs