Current Law Details
HIGHLY RESTRICTIVE - Requires local health permit ($50-$100), mandatory home inspection, Food Safety Manager + Allergen Awareness certifications. Treats homes as commercial food establishments. PENDING REFORM: Bills from 193rd session (2023-24) failed. New bills H.114, H.140, S.69 introduced in 194th session (2025-26), currently in committee with H.114 hearing scheduled July 9, 2025. If passed, would eliminate licensing/inspection requirements.
Registration & Training
📋Registration
- Required
- Yes
- Type
- permit
- Cost
- $50-$100 annually (varies by municipality) - Retail Residential Kitchen permit
- Inspection Required
- Yes
🎓Training
- Required
- Yes
- Type
- Food Safety Manager Certification + Allergen Awareness Certification
- Cost
- Varies (ServSafe Manager Course typical)
- Validity Period
- 5 years
Labeling Requirements
Required Statement
"Made in a Home Kitchen"
Additional Label Elements
- ✓Product name
- ✓Complete ingredient list
- ✓Allergen information (including sesame as of 2023)
- ✓Producer's name and address
- ✓Disclosure regarding potential allergens or risk of foodborne illness
Allowed Sales Venues
Requirements vary across 351 local jurisdictions. Retail stores and restaurants status unclear from conflicting sources - verify with local board of health. Mail delivery status UNCLEAR - some sources say yes, others no. Contact MA DPH at 617-983-6712 for clarification before engaging in mail order.
Shipping & Delivery
Shipping Options
- In-State
- In-Person Only
- Out-of-State
- Not Allowed
Delivery Methods
- Commercial Carriers
- Not Allowed
- Third-Party Delivery
- Not Allowed
CONFLICTING INFORMATION on mail delivery. Some sources (Mass.gov Q&A) indicate mail delivery allowed. Other sources (Forrager) indicate prohibited. Due to conflicting information, in-person delivery recommended. RECOMMENDATION: Contact Massachusetts Department of Public Health Food Protection Program at 617-983-6712 or fpp.dph@state.ma.us to verify before shipping.
Allowed Foods
Non-TCS (non-time/temperature control for safety) foods only. Allowed: Loaf breads, rolls, biscuits, pastries (non-cream filled), cookies, cakes, candies, chocolate, marshmallows, caramel corn, popcorn, kettle corn, cereals, granola, crackers, pretzels, nuts/seeds, dried fruits, dried herbs/spices, pasta, jams/jellies (thermal-processed only). Prohibited: Cream-filled pastries, cheesecake, custard, cut fruits/vegetables, tomato sauce, BBQ sauce, pickles, relishes, salad dressings, acidification, vacuum packaging, curing/smoking.
Recent Legislative Updates
H.114, H.140, S.69
Effective: Pending
Proposed cottage food reform to eliminate licensing/inspection requirements and create uniform state standards. H.114 hearing scheduled July 9, 2025. Would create voluntary state registry ($25 max fee) and allow mail delivery explicitly.
S.2761 (consolidated H.758, S.484, S.553)
Effective: Failed
Cottage food reform bills from 193rd General Court - DID NOT PASS before session ended December 2024
Allergen Awareness Requirement
Effective: 2009
Massachusetts became first state to mandate allergen awareness training for food protection managers
Important Warnings & Notes
- ⚠️MOST RESTRICTIVE cottage food law in US - treats homes as commercial establishments
- ⚠️Mandatory home kitchen inspection required before any sales
- ⚠️Food Safety Manager certification required (5 years validity)
- ⚠️Allergen Awareness certification required (5 years validity)
- ⚠️Requirements vary across 351 local jurisdictions
- ⚠️Mail delivery status UNCLEAR - verify with MA DPH before shipping
- ⚠️Pending legislation (H.114) may eliminate most requirements if passed after July 9, 2025 hearing
Research Sources
This information was compiled from the following sources (Last updated: 2025-10-06):
- •105 CMR 590 - State Sanitary Code, Chapter X
- •Mass.gov Residential Kitchen Questions and Answers
- •Massachusetts Legislature - H.114 (194th)
- •Forrager.com - Massachusetts
- •Institute for Justice - Massachusetts
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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