State-by-State Cottage Food Laws
Navigate the complex landscape of cottage food regulations with our comprehensive state-by-state reference guide. Updated regularly to reflect the latest law changes.
Important Legal Disclaimer: This information is for educational purposes only and should not be considered legal advice. Cottage food laws change frequently. Always verify current regulations with your state and local health departments before starting your business.
Understanding Cottage Food Laws
Key factors that vary by state
Income Limits
Range from $15,000 to $50,000+ annually, or unlimited in some states
Sales Locations
From home-only to farmers markets, retail stores, and online sales
Allowed Foods
Typically non-potentially hazardous foods like baked goods and preserves
Requirements
Permits, training, labeling, and kitchen inspection requirements
Select Your State
Click on your state to view specific cottage food laws and requirements
Alabama
PermissiveAllows acidified foods with pH testing. In-state shipping and delivery allowed. Must complete ANSI food safety course every 5 years. County health dept registration required. SB 160 (2021) removed previous $20,000 cap.
Read more →Alaska
Food FreedomMajor transformation in 2024 - HB 251 replaced cottage food law with food freedom law (effective August 2024). Allows almost any homemade food including perishables and certain meat products. Previously had $25,000 cap.
Read more →Arizona
Food FreedomHB 2042 passed March 2024 expanding to food freedom law. Allows perishable and meat products. Requires ANSI food safety course ($10) and free registration renewed every 3 years. ~10,000 registered businesses.
Read more →Arkansas
Food FreedomFood Freedom Act since 2021 (SB 248). One of most permissive laws nationally. Interstate sales explicitly allowed. No permits, licenses, or inspections required. State prohibits local restrictions.
Read more →California
PermissiveTwo-class system with limits increasing annually with inflation. Class B allows indirect sales with kitchen inspection. Microenterprise home kitchen operations (MEHKO) available in select counties for restaurant-style operations.
Read more →Colorado
ModerateUnique per-product sales limit rather than total cap. Allows pickled items with pH testing. Food safety course required. Direct sales only within Colorado. Free pH testing offered by state lab.
Read more →Connecticut
ModerateSales cap increased from $25,000 in 2022. Online sales allowed but no shipping - must deliver in person. Requires $50 annual license, home inspection, and ServSafe training. Private well testing if applicable.
Read more →Delaware
RestrictiveAmong most restrictive nationally despite removing $25,000 cap in Dec 2023. Complex application process with mandatory inspection and comprehensive training. Direct sales only at home or farmers markets.
Read more →District of Columbia
ModerateRemoved $25,000 cap in 2020. Requires $50 registration (2 years), CFPM certification, and pre-operational inspection. Most complex application process. Direct sales within DC only.
Read more →Florida
PermissiveOne of highest sales caps nationally. No license or training required. Direct sales only - cannot sell wholesale. Special exemptions for boiled peanuts and sorghum syrup. Limited to one stove/oven.
Read more →Georgia
ModerateMAJOR CHANGE July 1, 2025: HB 398 removes state licensing requirement, allows retail/restaurant sales. Currently requires business license, cottage food license, ANSI training, and inspection.
Read more →Hawaii
ModerateHB 2144 signed July 2024 expands to online sales and fermented/acidified foods, but implementation delayed past Dec 31, 2024 deadline. Specifically allows traditional hand-pounded poi.
Read more →Idaho
ModerateNo license required but Risk Assessment Form recommended. Direct sales including mail order allowed. Minimal regulations philosophy. Private water testing recommended every 3 months.
Read more →Illinois
Permissive2024 changes: SB 2617 allows registration in adjacent counties if no local health dept. SB 3544 added mobile farmers markets as venues. Requires $50 registration and food manager training.
Read more →Indiana
PermissiveGreatly improved with HB 1149 (2022). In-state shipping allowed. ANSI food handler certificate required ($8). Law prohibits local governments from adding restrictions.
Read more →Iowa
PermissivePossibly best cottage food laws nationally with two-tier system. No requirements for cottage food tier. HFPE tier ($50 license, $50K cap) allows any venue including wholesale.
Read more →Kansas
ModerateOne of few states allowing interstate cottage food sales. Rules set by ag dept rather than statute. Some foods require lab testing. Limited perishable foods allowed at events.
Read more →Kentucky
ModerateDual system: Processors vs Microprocessors with different rules. Microprocessors must grow primary ingredients. Pet food allowed with special registration. $50 annual registration required.
Read more →Louisiana
ModerateIncreased from $20,000 in 2022. Special restrictions on breads, cakes, cookies, pies (direct sales only). Online advertising allowed but products must be delivered directly, no shipping.
Read more →Maine
PermissiveFood sovereignty law allows municipalities to remove restrictions - 16+ towns have done so. Home Food Processor License required. Mobile vendor license needed for farmers markets.
Read more →Maryland
ModerateDoubled from $25,000 in 2022. Mail delivery within Maryland only. For retail sales must complete ANSI course. Can request state ID number to replace home address on labels.
Read more →Massachusetts
RestrictivePENDING MAJOR CHANGE: Bills H758, S484, S553 (consolidated as S2761) would eliminate licensing requirements. Currently treats home kitchens as commercial food establishments.
Read more →Michigan
RestrictiveOne of lower sales caps nationally. No online sales or shipping allowed. Direct sales only at farmers markets, roadside stands, home. Must use physical home address on labels.
Read more →Minnesota
ModerateTwo-tier system: Tier 1 ≤$7,665 (no fee), Tier 2 ≤$78,000 ($50 fee). Major 2025 change allows shipping starting August 2027. Currently delivery must be in-person only.
Read more →Mississippi
ModerateSB 2638 to increase cap to $50,000 died on calendar in 2024. Can advertise online but cannot sell online or mail order. Liberal food list compared to many states.
Read more →Missouri
ModerateTwo-tier system can be used simultaneously. Home sales law: home only. Individual Stands law: farmers markets/events. Online sales expanded in 2022 (HB 1697).
Read more →Montana
Food FreedomFood Freedom Act (SB 199, 2021) Grade A rating. Almost all foods allowed including perishables. Own poultry up to 1,000 birds/year allowed. No licenses or inspections required.
Read more →Nebraska
PermissiveLB 262 (2024) greatly expanded law. Very broad food categories including many perishables. Can ship non-perishable products. Free registration and $10 safety course required.
Read more →Nevada
ModerateMAJOR 2025 UPDATE: AB 352 increased cap from $35,000 to $100,000, added online sales and delivery platforms. Must register in each health district where selling.
Read more →New Hampshire
ModerateDual-tier system unique among states. Unlicensed: no online sales, limited venues. Licensed ($150 Homestead): all venues including shipping. HB 1565 (2024) expanded acidified foods.
Read more →New Jersey
ModerateLast state to adopt cottage food law (Oct 2021) after 12-year legislative battle. Online sales allowed but no shipping - must hand directly to customer. $100 permit renewed every 2 years.
Read more →New Mexico
ModerateHomemade Food Act (HB 177, 2021) simplified complex law and prevents city restrictions. $7 food safety training required. Overrode Albuquerque's previous prohibition.
Read more →New York
PermissiveVery entrepreneur-friendly with free registration only. In-state shipping allowed. Can sell wholesale. Unique restriction: chocolate and chocolate-covered items prohibited. 8,000+ registered.
Read more →North Carolina
ModerateNo formal cottage food law but has home processor program. STRICTEST PET POLICY: No pets allowed in home at ANY time. 8-12 week application processing. Online sales within state.
Read more →North Dakota
Food FreedomSB 2386 (effective Aug 1, 2025) allows interstate sales, online/phone orders, mail delivery - first state with true interstate cottage food sales. Broadest food freedom nationally.
Read more →Ohio
ModerateNo online sales under cottage food law. Limited venues - events must be government-organized and max 7 days. Can sell to restaurants as ingredients. Kitchen limited to one oven.
Read more →Oklahoma
Food FreedomFood Freedom state since 2021. Interstate sales allowed for non-perishables. HB 2975 (2024) allows registration numbers instead of home addresses on labels for privacy.
Read more →Oregon
ModerateSB 643 (2024) amended law - sales limit now adjusted annually for inflation starting 2025. Must complete $10 food handlers course. Can get ID number instead of home address.
Read more →Pennsylvania
ModerateOnly state allowing meat jerky under cottage food law. Interstate sales allowed. Complex setup with $35 registration, business plan, inspection. Pets completely prohibited.
Read more →Rhode Island
RestrictiveLast state to allow cottage food (Nov 2022). Very limited - only nonperishable baked goods. $65/year registration, mandatory training, notarized affidavit required.
Read more →South Carolina
PermissiveMajor 2022 reforms (S 506) removed sales cap, allowed retail/restaurant sales. Very broad food categories. One of best cottage food laws nationally. Online sales within state.
Read more →South Dakota
PermissiveOne of most permissive laws. Allows home canned goods and fermented foods (rare). Registration and training required for expanded categories. HB 1322 (2022) expanded significantly.
Read more →Tennessee
Food FreedomTennessee Food Freedom Act (HB 813, 2022) complete overhaul. Allows acidified and low-acid canned foods (rare). Can hire full-time employees. Prohibits municipal interference.
Read more →Texas
PermissiveMAJOR EXPANSION Sept 1, 2025 (SB 541): Sales cap triples to $150,000, wholesale through 'Cottage Food Vendors' allowed, refrigerated foods permitted, nonprofits can operate.
Read more →Utah
Food FreedomFood Freedom state Grade A-B. Two laws: Food Freedom (no requirements) and Cottage Food (more venues but inspection). Clarified 18+ age requirement in 2024. Allows poultry/rabbit meat.
Read more →Vermont
ModerateHB 401/Act 42 (July 2025) tripled cap from $10,000. First state with home baker laws (1976). Tiered system: under $125/week no license; over requires $100 license and inspection.
Read more →Virginia
ModerateHB 759 (2024) expanded venues to all events, increased acidified food cap from $3,000 to $9,000. Online advertising allowed but not sales. Honey has separate rules (250 gal/year).
Read more →Washington
RestrictiveOne of most difficult states to start cottage food operation. $355 permit (2 years), extensive requirements. Online orders allowed but no shipping. Major legislative changes being considered for 2026.
Read more →West Virginia
PermissiveOne of most liberal laws since 2019 expansion (SB 285). Can sell through retail establishments. Mail delivery allowed. No permits, licenses, or inspections required.
Read more →Wisconsin
RestrictiveMOST RESTRICTIVE STATE. Only allows baked goods through court rulings, not legislation. 2024 Supreme Court upheld ban on non-baked foods. Online sales within Wisconsin only.
Read more →Wyoming
Food FreedomMOST PERMISSIVE - only Grade A rating. Allows almost any food including perishables, dairy, ice cream. No permits, licenses, or inspections. 2023 added 'designated agents' for third-party handling.
Read more →Major Recent Changes (2024-2025)
Cottage food laws are rapidly evolving - here are the biggest updates
🚀 New Food Freedom States
- • Alaska (Aug 2024): HB 251 replaced cottage food with food freedom law
- • Arizona (Mar 2024): HB 2042 expanded to food freedom
- • North Dakota (Aug 2025): SB 2386 allows interstate sales
- • Tennessee (2022): Food Freedom Act complete overhaul
📈 Expanded Programs
- • Texas (Sept 2025): Cap increases to $150,000, wholesale allowed
- • Nevada (2025): Cap raised from $35K to $100K, online sales added
- • Georgia (July 2025): Removes licensing requirement
- • Hawaii (2024): Online sales and fermented foods added
Understanding the Law Categories
How we classify different types of cottage food regulations
Food Freedom
Most permissive laws allowing almost any food including perishables, dairy, and meat products.
Permissive
High income limits or no limits, online sales allowed, wide variety of venues.
Moderate
Some restrictions on income, venues, or online sales. Training often required.
Restrictive
Lower income limits, limited venues, complex requirements, or limited food categories.
Current Trends in Cottage Food Laws
How cottage food regulations are evolving nationwide
Rising Income Limits
- • Many states removing caps entirely
- • California: $80K+ with inflation adjustments
- • Texas: Expanding to $150K in 2025
- • Florida: Already at $250K
- • 15+ states have no income limits
Online Sales Expansion
- • Most states now allow online sales
- • In-state shipping increasingly common
- • North Dakota pioneering interstate sales
- • Kansas already allows interstate sales
- • Delivery platforms being approved
Food Freedom Movement
- • 8 states with food freedom laws
- • Allows perishables, dairy, meat
- • Minimal to no government oversight
- • Prohibits local government interference
- • Growing legislative momentum
Venue Expansion
- • Retail store sales increasingly allowed
- • Restaurant wholesale permitted
- • Mobile farmers markets approved
- • Event restrictions being lifted
- • Some states allow employees
Privacy Protections
- • State ID numbers replacing home addresses
- • Maryland, Oregon, Oklahoma leading
- • Protecting entrepreneur privacy
- • Professional labeling options
- • Enhanced safety for home-based businesses
Preemption Laws
- • States blocking local restrictions
- • Arkansas, Indiana leading the way
- • Uniform statewide regulations
- • Preventing municipal interference
- • Clearer rules for entrepreneurs
Additional Resources
Where to find official information and support
Official Government Sources
- • Find your state Department of Agriculture
- • Local health departments (contact your city/county)
- • FDA - How to Start a Food Business
- • FDA State Regulations Database
- • AFDO Cottage Food Guidance
Industry Organizations
- • Specialty Food Association
- • Institute of Food Technologists
- • SCORE Business Mentoring
- • Small Business Development Centers
- • Local farmers market associations
Professional Services
- • Food safety consultants
- • Small business attorneys
- • Insurance agents familiar with food businesses
- • Certified public accountants
- • FDA Food Labeling Guide
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