State-by-State Cottage Food Laws

Unique per-product sales limit ($10,000/year per product, not total cap). Allows pickled items with pH ≤4.6 and testing. Food safety course required. Direct sales only within Colorado. Free pH testing offered by state lab (limited funding, first-come first-served, up to 5 products). HB25-1190 to allow refrigerated foods defeated in 2025.

PA 22-8 (2022) increased sales cap from $25,000 to $50,000. Online sales allowed BUT no shipping - in-person delivery required. $50 annual license, home inspection required. ServSafe training required. Private well testing required if applicable. SB154 (2025) to allow farm store/cafe sales within 20-mile radius pending.

Removed $25,000 cap in 2020. Requires $50 registration (2 years), national CFPM certification + DC CFPM ID card ($35), Home Occupancy Permit ($122.60), and pre-operational kitchen inspection. Total initial costs ~$276.60. Complex application process (30-day review). Multiple sales venues allowed (direct, retail, online, wholesale) but limited to within DC only. Cannot sell to restaurants or grocery stores.

Act 195 (HB 2144) implemented August 24, 2025, expanding to fermented/acidified foods (pH ≤4.2 or aW ≤0.88), third-party and wholesale sales for non-TCS products. Hand-pounded poi explicitly protected. Free or ~$10 food safety training required (valid 3 years). Special provisions for culturally significant hand-pounded poi. Online sales status unclear - verify with Hawaii DOH.

Dual system: (1) Home-Based Processors - no growing required, $50/year, online orders with pickup/delivery only, NO shipping; (2) Home-Based Microprocessors - must grow predominant ingredient, $50 workshop + $5/recipe approval, inspection every 4 years, only 3 sales locations (farm/KY farmers market/certified roadside stand). NO shipping for either type. Pet food allowed with separate UK registration.

Unique two-tier system: (1) Breads, cakes, cookies, pies have NO sales cap but must be sold directly to consumers only - cannot sell to retail stores; (2) All other cottage foods have $30,000 cap but CAN be sold to retail stores/restaurants. Online advertising allowed but all products must be delivered in person - no shipping permitted. No state permit required but sales tax certificates mandatory. Increased from $20,000 in 2022 (HB 828).

No permit/fees/inspection required. Sales cap doubled from $25,000 in 2022 (HB178). Mail delivery within Maryland only - no interstate sales. ANAB-accredited food safety course required only for retail store sales. Can request state ID number to replace home address on labels (HB1017, 2020). Refrigerated baked goods (cheesecakes, cream pies) will be allowed starting Oct 1, 2025 (SB701).

Two tiers: Tier 1 ≤$7,665 (free), Tier 2 $7,666-$78,000 ($50). MAJOR CHANGE COMING: Starting August 1, 2027, shipping will be allowed, fees reduced to $30 for all, and tier system consolidated to single tier (HF 2446, 2025). Currently all delivery must be in-person. Online ordering allowed but fulfillment must be in-person until 2027. Pet treats can be shipped currently (exception).

SB 2638 (2024, $50k) and SB 2265 (2025, $59k) both failed. Online advertising allowed, online sales prohibited. No permit or registration required. Liberal food list: baked goods, jams/jellies, candy, acidified foods, dried products. No food safety training required. Can advertise on social media/websites but cannot sell online or ship products. Increased from $20,000 in 2020 (HB 326).

CURRENT LAW (until July 1, 2027): $35,000 cap, direct in-person sales only, must register in each health district where selling. AB 352 (signed June 2025) will increase cap to $100,000 and allow online sales/delivery on July 1, 2027, but is NOT YET IN EFFECT. Must register in each of 5 health districts where selling (Clark County $160+, most other counties free). Multi-district registration creates barriers for statewide sales.

Unique DUAL-TIER 'Homestead Food Operation' system. UNLICENSED: no sales cap, no online sales, limited to home/farm stand/farmers markets/retail stores, no registration fee. LICENSED ($150/year Class H): no sales cap, ALL venues including online sales, shipping, wholesale to restaurants/distributors. NO SALES CAPS for either tier (HB 119, 2023 removed $35k cap). HB 1565 (2024) added acidified foods (pickles, salsas). HB 304 (2025) allows QR codes for ingredient lists. Progressive legislation ongoing.

LAST STATE in the nation to adopt cottage food law (October 4, 2021) after 12-YEAR legislative battle (2009-2021). Unique DIRECT HANDOFF requirement: online sales allowed but NO SHIPPING - products must be transferred to customer in person. $100 permit renewed every 2 years. Food safety manager certification required (renewable every 5 years). Senator Joseph Vitale blocked bills for over a decade; finally passed through administrative rulemaking bypassing legislative gridlock.

Homemade Food Act (HB 177, April 6, 2021) dramatically simplified what was previously the most convoluted cottage food law in the country. NO state permit required, NO sales cap. STATE PREEMPTION prevents cities/counties from prohibiting or regulating cottage food operations (overrode Albuquerque's complete prohibition). ANAB-accredited food handler certification (~$7) required. Online sales and in-state shipping allowed. Direct sales only (no wholesale to restaurants/stores). Stable law with no changes since 2021.

No formal cottage food law - operates under Home Processor Program (no statutory protection). STRICTEST PET POLICY IN THE NATION: No pets allowed in home at ANY time (even at night) per 21 CFR 117 Subpart B Good Manufacturing Practices - indoor pets classified as pests. 8-12 week application processing. Online sales within state allowed. No sales cap. Free application/inspection. Acidified foods allowed with $400 course + $150/product testing. Must use main home kitchen only. Contact: homeprocessing@ncagr.gov | (984) 236-4820

ONLINE SALES ALLOWED (within state only) - can sell directly to consumers both online and in-person. No sales cap (unlimited revenue). No licensing/registration/inspection required. Can wholesale to restaurants (as ingredients) and grocery stores. Kitchen limited to ONE oven or double oven (strictly enforced per ORC 3715.01). Festivals must be government-organized and max 7 consecutive days. Non-potentially hazardous foods only. Low Risk Mobile Retail Food Establishment License (Feb 2024) created for farm vendors. Watch HB 134 (pending) - would massively expand to any homemade foods.

SB 643 (effective January 1, 2024) major update: sales limit $50,000/year with ANNUAL INFLATION ADJUSTMENT starting 2025 (adjusted by CPI, rounded to nearest $100). No license/permit/fees required. Must complete $10 food handler course (3 years valid). Can obtain ID number instead of listing home address on labels (privacy protection). Online orders ALLOWED but NO SHIPPING (in-person delivery required). Can sell through retail stores. All non-potentially hazardous (shelf-stable) foods allowed. Farm Direct alternative pathway for growers.

Only state allowing meat jerky under cottage food law. Interstate sales allowed (receiving state must accept). Complex setup: $35 annual registration, business plan required, home inspection, lab testing for some products. 60-day approval timeline. Pets prohibited in food areas (exceptions with physical separation or caged animals). No sales cap.

HB 759 (2024, eff. July 1) expanded venues to all events (≤14 days), increased acidified food cap from $3,000 to $9,000. Most cottage foods have NO sales cap - unique dual-cap system. Online advertising allowed but not transactions. Honey: 250 gal/year. No registration required. Direct-to-consumer only. Unique dual-cap system: general cottage foods (baked goods, jams, candies, etc.) have NO SALES CAP, acidified vegetables only capped at $9,000/year, honey capped at 250 gallons/year.