Current Law Details
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.
Registration & Training
📋Registration
- Required
- No
🎓Training
- Required
- No
Labeling Requirements
Required Statement
"This product is home produced"
Additional Label Elements
- ✓Product name
- ✓Business name
- ✓Business address (home address)
- ✓Ingredients (in decreasing order by weight)
- ✓Net weight/amount
- ✓Nutrition facts panel (only if making nutritional claims)
Allowed Sales Venues
Direct from home to consumer, online sales (within Ohio only), farmers markets (registered), farm markets (registered), farm product auctions, grocery stores (wholesale), restaurants (wholesale for use as ingredients). FESTIVALS/CELEBRATIONS RESTRICTION: Must be organized by political subdivision of the state AND last no more than 7 consecutive days (cannot sell at privately-sponsored events like craft fairs or flea markets). Restaurants can purchase labeled cottage foods and either sell directly or incorporate into food products they offer.
Shipping & Delivery
Shipping Options
- In-State
- Allowed
- Out-of-State
- Not Allowed
Delivery Methods
- Commercial Carriers
- Allowed
- Third-Party Delivery
- Allowed
Online sales within Ohio allowed. In-state delivery/shipping permitted. No interstate shipping or out-of-state sales. Must sell directly to end consumer (no middleman reselling to institutions).
Allowed Foods
Non-potentially hazardous foods only. APPROVED (OAC 901:3-20-04): cookies, breads, brownies, cakes, fruit pies, unfilled baked donuts, pizelles, candy/brittles/chocolate-covered non-perishable items (pretzels, etc.), granola/granola bars/granola bars dipped in candy, popcorn (plain, flavored, kettle corn, popcorn balls, caramel corn), jams/jellies/fruit butters (apple butter, etc.), dry herbs/spices/dry soup mixes/dry baking mixes, honey (must be at least 75% from own hives), maple/sorghum syrup (must be at least 75% from own trees, CANNOT sell in stores/restaurants - direct sales only). PROHIBITED: perishable baked goods (cheesecakes, custard pies, cream pies) - requires Home Bakery license, dried fruits/vegetables (cannot dry your own, but can use commercially dried in products like soup mixes/granola/trail mixes/baking mixes), pickles/fermented foods, acidified foods, low-acid canned foods, meat products, juices, any potentially hazardous foods. POPCORN NOTE: Popped/flavored popcorn/kettle corn/caramel corn/popcorn balls allowed, but unpopped popping corn NOT allowed under cottage food law.
Recent Legislative Updates
Low Risk Mobile Retail Food Establishment License
Effective: February 12, 2024
New license category created (effective February 12, 2024) for farm-based and home-produced food vendors. Benefits vendors selling eggs, meats, certain home-produced foods at farmers markets. Allows choice of mechanical or non-mechanical refrigeration, does not require commercial equipment. Particularly helps farmers market vendors. Separate from cottage food law but complementary.
HB 134 - Microenterprise Home Kitchen Operations (PENDING)
Effective: Pending - not yet passed
PROPOSED (NOT YET PASSED): Would create new 'microenterprise home kitchen operation' registration allowing ANY homemade foods except alcohol/drugs (canned goods, hot meals, potentially hazardous, low-acid, much broader). Requirements: $25 annual registration, inspection by ODA required, direct sales only. Would make Ohio one of most permissive states (similar to Wyoming). STATUS: House Agriculture Committee (introduced Feb 26, 2025, hearings April 2/9, June 18, 2025). Bipartisan: Rep. Jennifer Gross (R) and Rep. Latyna Humphrey (D). DO NOT UPDATE DATABASE until passed.
Important Warnings & Notes
- ⚠️CRITICAL CORRECTION: Online sales ARE ALLOWED within Ohio (previous data stating 'No' was incorrect)
- ⚠️Kitchen limited to ONE oven or double oven (strictly enforced per ORC 3715.01 definition of 'Home')
- ⚠️Double oven (stacked residential unit) counts as one oven - acceptable
- ⚠️Cannot have two separate ovens or additional kitchen - disqualifies residence
- ⚠️Cannot use commercial equipment (must be 'designed for common residence usage and not for commercial usage')
- ⚠️Festival sales limited to government-organized events lasting max 7 consecutive days (no private craft fairs/flea markets)
- ⚠️Maple/sorghum syrup CANNOT be sold in stores/restaurants (direct sales only), but honey can sell everywhere
- ⚠️Cannot dry your own fruits/vegetables for sale (but can incorporate commercially-dried produce)
- ⚠️Ohio Dept of Agriculture can sample products to ensure proper labeling
- ⚠️May need local business license - check city/county requirements
- ⚠️Verify home business permitted in your zoning area
- ⚠️Contact Ohio Dept of Agriculture: foodsafety@agri.ohio.gov | 614-728-6250
- ⚠️HB 134 pending - would dramatically change landscape if passed (not yet law)
Research Sources
This information was compiled from the following sources (Last updated: 2025-10-06):
- •Ohio Revised Code Section 3717.22 (Cottage food exemption)
- •Ohio Revised Code Section 3715.01 (Definitions)
- •Ohio Revised Code Section 3715.025 (Restrictions)
- •Ohio Revised Code Section 3715.023 (Home bakery)
- •Ohio Administrative Code Section 901:3-20-04 (Approved products)
- •Ohio State University Farm Office - Law Bulletin
- •Forrager.com - Ohio
- •Institute for Justice - Ohio
- •Ohio Farm Bureau (April 2024)
- •Ohio Legislature HB 134 tracker
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.
Ready to Start Your Cottage Food Business?
Now that you understand Ohio's cottage food laws, let Cottage CMS help you build a compliant, professional website that grows your business.