Current Law Details
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).
Registration & Training
📋Registration
- Required
- No
🎓Training
- Required
- No
Labeling Requirements
Required Statement
"Made in a cottage food operation that is not subject to Mississippi's food safety regulations"
Additional Label Elements
- ✓Name of cottage food operation
- ✓Address of cottage food operation
- ✓Common or usual name of product
- ✓Ingredients (descending order by weight)
- ✓Major food allergens
- ✓Net weight or volume
Allowed Sales Venues
Can advertise on social media, websites, online platforms but CANNOT sell online. Direct hand-off to consumer required at allowed venues. No wholesale or consignment sales.
Shipping & Delivery
Shipping Options
- In-State
- Not Allowed
- Out-of-State
- Not Allowed
Delivery Methods
- Commercial Carriers
- Not Allowed
- Third-Party Delivery
- Not Allowed
NO shipping, mail order, or delivery services. All sales must be direct from producer to consumer in person. Can advertise when/where products will be available online. Inspections only upon consumer complaint (no routine oversight).
Allowed Foods
Liberal food list compared to many states. Allowed: Baked goods (no cream/custard), candies, marshmallows, caramel corn, jams/jellies/preserves (21 CFR Part 150), acidified foods (21 CFR Part 114), pickled vegetables, chocolate-covered non-perishables (no melons, fruits must not be punctured with sticks), dried fruits (no melons), dried pasta/spices/herbs, granola, cereal, trail mixes, dry rubs, popcorn, crackers, pretzels, nuts, vinegar, mustard, waffle cones. Prohibited: Pressure-canned items, meat/fish/poultry, dairy, custard pies/cream-filled items, cooked vegetables, raw sprouts, sliced melons, garlic in oil, nut butters, juices.
Recent Legislative Updates
SB 2265
Effective: Failed
Proposed increase to $59,000 cap, ANSI-accredited food safety training requirement, homemade wine allowance - FAILED March 9, 2025
SB 2638
Effective: Failed
Proposed increase to $50,000 cap, formal list of authorized foods - FAILED March 15, 2024
HB 326
Effective: 2020
Increased sales cap from $20,000 to $35,000, clarified online advertising is allowed (but not online sales)
Original cottage food law
Effective: 2013
Established Mississippi cottage food law with $20,000 cap
Important Warnings & Notes
- ⚠️Online advertising allowed but online sales strictly prohibited
- ⚠️No shipping or mail order - must deliver in person
- ⚠️In-state sales only - products made and sold within Mississippi
- ⚠️No wholesale, consignment, or retail store sales
- ⚠️Chocolate-covered fruits: Must not be punctured with sticks (consumer inserts after purchase)
- ⚠️Inspections only upon consumer complaint (no routine oversight)
- ⚠️Recent legislative attempts to increase cap (2024, 2025) have failed
Research Sources
This information was compiled from the following sources (Last updated: 2025-10-06):
- •Mississippi Code § 75-29-951
- •Mississippi State Legislature - SB 2265, SB 2638
- •Mississippi State Extension Service
- •Mississippi State Department of Health - Cottage Food FAQ
- •Forrager.com - Mississippi
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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