Current Law Details
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.
Registration & Training
📋Registration
- Required
- No
🎓Training
- Required
- No
Labeling Requirements
Required Statement
"This product is exempt from New Hampshire licensing and inspection (UNLICENSED) OR This product is made in a residential kitchen licensed by the New Hampshire Department of Health and Human Services (LICENSED)"
Additional Label Elements
- ✓Name of homestead food operation
- ✓Contact information (address OR active email accepted)
- ✓Phone number
- ✓Product name
- ✓Full ingredient list (or QR code/URL for home/farm stand sales as of July 2025)
- ✓Allergen disclosure statement
- ✓Batch code or date code
Allowed Sales Venues
UNLICENSED TIER: own residence (direct sales), own farm stand, farmers markets, retail food stores. PROHIBITED: online sales, internet sales, mail order/shipping, wholesale (except retail stores), restaurants, food service establishments. LICENSED TIER ($150): all unlicensed venues PLUS online sales (internet/e-commerce), shipping/mail order, wholesale to restaurants, wholesale to distributors/brokers, all types of events, all food establishments (except some retail stores).
Shipping & Delivery
Shipping Options
- In-State
- In-Person Only
- Out-of-State
- Not Allowed
Delivery Methods
- Commercial Carriers
- Allowed
- Third-Party Delivery
- Not Allowed
UNLICENSED: Can ship/deliver within NH only if selling through allowed venues (home, farm stand, farmers markets, retail stores), but CANNOT use internet/mail order. LICENSED ($150/year): Can ship anywhere within NH via internet, mail order, or any sales channel. NO interstate sales for either tier.
Allowed Foods
Non-potentially hazardous foods only. BAKED GOODS: bagels, breads, brownies, cake pops, cakes, cookies, cupcakes, donuts, macarons, muffins, biscuits, rolls, scones, sweet breads, tortillas, wedding cakes. SPECIAL REQUIREMENTS: buttercream or cream cheese frosted items must test pH < 4.6 or water activity < 0.85; produce-containing baked goods (zucchini, pumpkin, banana bread) must test water activity < 0.85. CONFECTIONS: candied apples, caramel corn, chocolate-covered fruit/items, candy, fudge, marshmallows. PRESERVES: jams/jellies (with approved NCHFP recipes only - custom recipes need process review). ACIDIFIED FOODS (NEW HB 1565, 2024): pickles, salsas, relishes (properly acidified). SNACKS: crackers, pretzels, fruit leathers, granola, kettle corn, popcorn, nuts/seeds (roasted/seasoned). PROHIBITED: meat, poultry, fish, shellfish, milk/dairy products (standalone), eggs (standalone), cut fresh fruits/vegetables, cooked plant-based foods, baked potatoes, mushrooms, raw sprouts, tofu, untreated garlic/oil mixtures, honey, maple syrup. NOTE: Eggs, milk, dairy CAN be used as ingredients in allowed baked goods.
Recent Legislative Updates
HB 119
Effective: October 3, 2023
REVOLUTIONARY: Removed all sales revenue caps for homestead food operations. Previously had $35,000 cap for unlicensed operations (raised from $20,000). Legislature removed cap entirely instead of raising to proposed $70,000. Both unlicensed and licensed tiers now have no sales limits.
HB 1565
Effective: August 13, 2024
MAJOR EXPANSION: Removed processed acidified foods from 'potentially hazardous' definition. Allows unlicensed sale of pickled vegetables, salsas, relishes, etc. Products must be properly acidified (pH requirements apply). Significant expansion for cottage food producers.
HB 304
Effective: July 13, 2025
LABELING MODERNIZATION: Allows QR codes or website URLs for ingredient lists (applies to sales from home or own farm stands only). Must still include allergens and standard labeling on physical packaging. Reduces packaging complexity for small producers.
Important Warnings & Notes
- ⚠️Two-tier system: unlicensed has venue restrictions (no online sales), licensed ($150) has all venues
- ⚠️Unlicensed tier CANNOT sell online, ship products, or use mail order (must upgrade to licensed)
- ⚠️Licensed tier allows online sales, shipping, and wholesale to restaurants/distributors for $150/year
- ⚠️Jams/jellies require approved recipes from National Center for Home Food Preservation OR process review
- ⚠️Buttercream or cream cheese frosted items require pH or water activity testing
- ⚠️Produce-containing baked goods (zucchini bread, pumpkin bread) require water activity testing
- ⚠️Acidified foods must meet pH standards (newly allowed as of HB 1565)
- ⚠️15 self-inspecting cities/towns may have additional requirements - check with local authorities
- ⚠️QR code option for ingredients only applies to home/farm stand sales (not all venues)
- ⚠️Contact NH DHHS Food Protection: dhhs.foodprotection@dhhs.nh.gov | 603-271-4589
Research Sources
This information was compiled from the following sources (Last updated: 2025-10-06):
- •NH Department of Health and Human Services - Homestead Food Operations
- •NH Revised Statutes - Title X, Chapter 143-A (RSA 143-A:12)
- •UNH Extension - Homestead Food Fact Sheets
- •HB 119 (2023) - Sales Cap Removal
- •HB 1565 (2024) - Acidified Foods
- •HB 304 (2025) - QR Code Labeling
- •Forrager.com - New Hampshire
- •Institute for Justice - New Hampshire
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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