Current Law Details
One of few states allowing interstate cottage food sales (must comply with receiving state laws). No formal cottage food statute - rules set by Kansas Department of Agriculture through regulatory exemptions (KSA 65-689(d)). No licensing, inspection, training, or sales cap. Some foods require lab testing (frostings <65% sugar, macarons, baked goods with cheese, homemade chocolate, pepper jellies, pecan pies, low-acid items). Limited perishable foods allowed at events up to 6 times/year.
Registration & Training
📋Registration
- Required
- No
🎓Training
- Required
- No
Labeling Requirements
Required Statement
"Not required (no specific disclaimer mandated)"
Additional Label Elements
- ✓Common name of product
- ✓Name of producer
- ✓Physical address of producer or seller
- ✓Ingredient list (descending order by weight)
- ✓Net weight or volume (recommended)
- ✓Allergen warnings (recommended)
- ✓'Made in a home kitchen' statement (recommended)
Allowed Sales Venues
Direct-to-consumer sales at farmers markets, roadside stands, craft fairs/bazaars, home pickup, home delivery, online sales (in-state and interstate). No wholesale to retail stores or restaurants. No consignment or third-party sales. Perishable foods allowed at events up to 6 times per year under KSA 65-689(d)(6) and KAR 4-28-33.
Shipping & Delivery
Shipping Options
- In-State
- Allowed
- Out-of-State
- Allowed
Delivery Methods
- Commercial Carriers
- Allowed
- Third-Party Delivery
- Allowed
UNIQUE: Kansas allows interstate shipping (one of few states). Must comply with BOTH Kansas rules AND receiving state's cottage food laws. In-state shipping via mail/delivery fully permitted. Out-of-state shipping requires verifying receiving state permits cottage food imports. Personal delivery by producer allowed.
Allowed Foods
Non-TCS foods without testing: bagels, breads, brownies, cakes, cookies, cupcakes, donuts, muffins, candies, caramel corn, chocolate-covered items (not homemade chocolate), crackers, pretzels, fruit leathers, granola, kettle corn, marshmallows, nuts, jams/jellies/preserves (high-acid only), dried fruit/vegetables, herbs, spices, pasta, honey, nut butters, whole eggs, fudge. REQUIRE LAB TESTING: frostings <65% sugar, baked goods with cheese, macarons, homemade chocolate (except fudge), mustards, pecan pies, pepper jellies (unless specific ingredients), low-acid jams/jellies, syrups with herbs, low/sugar-free items. PROHIBITED: perishable baked goods (cream/custard pies, cheesecakes), cream-filled items, pumpkin pie, acidified foods (pickles, fermented foods), low-acid canned foods, ketchup, oils, salsas/sauces, kombucha, jerky, pet food.
Recent Legislative Updates
No legislative changes
Effective: N/A
No cottage food legislation in 2023-2025. Kansas continues operating under existing KDA regulatory framework (KSA 65-689(d) and KAR 4-28-33) without statutory changes. Regulatory approach provides flexibility through ag department rules rather than legislative statute.
Important Warnings & Notes
- ⚠️UNIQUE: Interstate sales allowed but must comply with BOTH Kansas and receiving state laws
- ⚠️Receiving state must also permit cottage food imports from out-of-state
- ⚠️Lab testing required for specific foods (frostings <65% sugar, macarons, baked goods with cheese, homemade chocolate, pepper jellies, pecan pies, low-acid items) - use USDA or state-approved lab
- ⚠️Acidified foods (pickles, fermented foods) NOT allowed
- ⚠️Must obtain Kansas Retail Sales Tax certificate from Kansas Department of Revenue
- ⚠️Direct-to-consumer sales only - no wholesale, consignment, or third-party sales
- ⚠️Animals prohibited in food preparation areas (KAR 4-28-33(c))
- ⚠️Perishable foods at events limited to 6 times per calendar year (separate exemption)
- ⚠️No formal cottage food statute - operates through regulatory exemptions
Research Sources
This information was compiled from the following sources (Last updated: 2025-10-06):
- •Kansas Department of Agriculture - Food Safety & Lodging
- •Kansas Statutes Annotated (KSA) 65-689
- •Kansas Administrative Regulations (KAR) 4-28-33
- •Kansas State University Extension - MF3138
- •Institute for Justice - Kansas
- •Forrager.com - Kansas
- •Castiron - Kansas Cottage Food Law
Important Legal Disclaimer
This information is for educational purposes only and should not be considered legal advice. Cottage food laws change frequently and vary by local jurisdiction. Always verify current regulations with your state and local health departments before starting your business.
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