Current Law Details
SB 643 (effective January 1, 2024) major update: sales limit $50,000/year with ANNUAL INFLATION ADJUSTMENT starting 2025 (adjusted by CPI, rounded to nearest $100). No license/permit/fees required. Must complete $10 food handler course (3 years valid). Can obtain ID number instead of listing home address on labels (privacy protection). Online orders ALLOWED but NO SHIPPING (in-person delivery required). Can sell through retail stores. All non-potentially hazardous (shelf-stable) foods allowed. Farm Direct alternative pathway for growers.
Registration & Training
๐Registration
- Required
- No
๐Training
- Required
- Yes
- Type
- Food handler training program
- Cost
- Maximum $10 (set by Oregon statute ORS 624.570)
- Validity Period
- 3 years from date of issuance
Labeling Requirements
Required Statement
"This product is homemade and is not prepared in an inspected food establishment"
Additional Label Elements
- โBusiness/Establishment Name
- โPhone Number
- โAddress OR Unique ID Number (ODA-issued identification number)
- โProduct Name (common or usual name)
- โIngredient List (in descending order by weight, include sub-ingredients)
- โAllergen Warnings (must declare major food allergens per FDA requirements)
- โNet Weight or Volume (accurate measurement)
- โNutritional Information (only if making nutritional claims)
- โPet Disclosure (if applicable to domestic kitchen - required statement about pet presence and potential allergens)
Allowed Sales Venues
Direct sales: producer's home, farmers markets, farm stands, roadside stands, similar direct-to-consumer venues, special events/fairs, pop-up markets. RETAIL SALES: grocery stores, specialty food stores, gift shops, other retail establishments (products must be properly labeled/displayed). ONLINE: own website, social media platforms, third-party platforms (Etsy, etc.) - orders accepted but delivery must be in person. PROHIBITED: restaurants (for resale/use in dishes), schools, day care centers, hospitals, nursing homes, correctional facilities, other institutions, wholesalers/distributors (for resale to institutions).
Shipping & Delivery
Shipping Options
- In-State
- Not Allowed
- Out-of-State
- Not Allowed
Delivery Methods
- Commercial Carriers
- Not Allowed
- Third-Party Delivery
- Not Allowed
Online sales: YES (can accept orders via website/phone/email). Shipping: NO (prohibited). Delivery requirements: Cash transaction AND delivery must be in person, producer must personally deliver to customer, direct sales to end consumer only. PROHIBITED: shipping via mail/courier, third-party delivery services (UPS, FedEx, delivery apps), drop-shipping arrangements. ALTERNATIVE: To ship products or use third-party delivery, must obtain Domestic Kitchen License (different requirements/fees apply).
Allowed Foods
All non-potentially hazardous (shelf-stable) foods allowed. APPROVED: bagels, breads/rolls, brownies, cakes/cupcakes, cake pops, cookies/biscuits, crackers, donuts, macarons, muffins, pastries/pies, scones, sweet breads, tortillas, wedding cakes, candies/chocolates/fudge/truffles, dry herbs/spices, dry pasta, granola/trail mix, honey, jams/preserves (may fall under Farm Direct if homegrown), popcorn (flavored/packaged), snack mixes, other packaged dry goods. PROHIBITED (potentially hazardous): fresh juices, meat products (jerky, sausages, etc.), fresh produce, canned vegetables (unless under Farm Direct with acidification), dairy products, cream-filled pastries requiring refrigeration, cut fresh fruit, fresh salsa/sauces requiring refrigeration, garlic-in-oil mixtures, any food requiring refrigeration for safety. NON-POTENTIALLY HAZARDOUS DEFINITION: Foods that do not require time/temperature control for safety, shelf-stable at room temperature, low moisture content, proper pH levels (for acidified foods), do not support pathogenic bacteria growth. FARM DIRECT ALTERNATIVE: For producers who grow the primary ingredient - mostly canned goods/preserves, $20,000/year sales limit (lower than Home Baking), can use purchased ingredients (herbs, spices, salt, vinegar, pectin, lemon/lime juice, honey, sugar), different pathway/rules.
Recent Legislative Updates
SB 643 (2023 Session)
Effective: January 1, 2024
COMPREHENSIVE UPDATE (effective January 1, 2024): Increased sales limit from $20,000 to $50,000/year, added ANNUAL INFLATION ADJUSTMENT starting 2025 (based on Consumer Price Index, rounded to nearest $100 - ODA may adopt rules increasing limit but cannot decrease), home address privacy protection (producers can obtain unique ID number from ODA instead of listing home address on labels), expanded product categories (all non-potentially hazardous foods allowed, previously limited to baked goods/confections), codified online orders permitted, clarified delivery requirements, pet policy amended (domestic kitchen license holders may have pets in home with label disclosure and keeping pets out of food prep areas).
Pet Policy Amendment
Effective: 2023
Domestic kitchen license holders may now have pets in home. Requirements: label must disclose pet presence, label must note potential for pet allergens, pets kept out of food preparation areas.
Important Warnings & Notes
- โ ๏ธ2025 inflation-adjusted sales limit not yet announced - contact ODA for official 2025 limit: fsd-manager@oda.state.or.us | (503) 986-4720
- โ ๏ธOnline orders accepted but NO SHIPPING - delivery must be in person (major restriction for online business growth)
- โ ๏ธIn-person delivery requirement limits scalability for online sales
- โ ๏ธCannot sell to restaurants, schools, day care centers, hospitals, nursing homes, correctional facilities, or other institutions
- โ ๏ธCannot use middleman who resells to institutions
- โ ๏ธFood handler training must be completed by each person involved in food preparation
- โ ๏ธFood handler certificate expires after 3 years (must renew)
- โ ๏ธMaximum $10 cost for food handler training is codified in Oregon law (ORS 624.570)
- โ ๏ธMust obtain training within 30 days of beginning food sales
- โ ๏ธUnique ID number option has fee (exact cost not publicly specified - contact ODA)
- โ ๏ธOregon law prohibits local health departments from imposing additional requirements beyond state law
- โ ๏ธMay still need local business license and zoning approval (separate from cottage food)
- โ ๏ธTo ship products or use third-party delivery must obtain Domestic Kitchen License (different pathway)
Research Sources
This information was compiled from the following sources (Last updated: 2025-10-06):
- โขORS 616.723 - Cottage Food Exemption
- โขORS 624.570 - Food Handler Training Requirements
- โขSenate Bill 643 (2023 Session)
- โขOregon Department of Agriculture - Food Safety Division
- โขODA Cottage Food Exemption Publication
- โขODA - What Can I Do Without a License?
- โขForrager.com - Oregon
- โขForrager - Oregon SB 643 Analysis
- โขInstitute for Justice - Oregon
- โขOregon State University Extension - EM 9192
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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