Wyoming Cottage Food Laws

Income Limit

$250,000

Online Sales

Yes

Current Law Details

GRADE A - ONLY state with A rating (Institute for Justice). MOST PERMISSIVE cottage food law in United States. Wyoming Food Freedom Act (2015, strengthened 2017/2020/2021/2023) allows almost ANY food including perishables, dairy, ice cream, eggs. NO permits, licenses, fees, inspections, or training required. $250,000/year cap (highest nationally, tied with Florida). 250,000 units/year cap. Direct sales: all food types. Indirect sales (retail/wholesale): nonperishable foods only via designated agents (2023). Online sales allowed but NO shipping by mail/courier - pickup or hand-delivery only. Poultry (1,000 birds/year if you raise), rabbit meat, farm-raised fish allowed. For indirect sales through retail: $250,000 limit applies to sales through third-party vendors.

Registration & Training

๐Ÿ“‹Registration

Required
No

๐ŸŽ“Training

Required
No

Labeling Requirements

Required Statement

"This food was made in a home kitchen, is not regulated or inspected and may contain allergens."

Additional Label Elements

  • โœ“DIRECT SALES: Verbal disclosure only (no physical label required)
  • โœ“Producer must inform consumer food is not certified, not labeled, not licensed, not packaged by state, not regulated, not inspected
  • โœ“INDIRECT SALES (retail): Label required with statement above
  • โœ“INDIRECT SALES: Label must be clearly and prominently displayed, visible before purchase

Allowed Sales Venues

๐Ÿ 
Home Sales
Allowed
๐Ÿงบ
Farmers Markets
Allowed
๐Ÿ›’
Roadside Stands
Allowed
๐ŸŽช
Events
Allowed
๐Ÿช
Retail Stores
Allowed
๐Ÿฝ๏ธ
Restaurants
Allowed
๐ŸŒ
Online
Allowed

DIRECT SALES (all food types): Farmers markets, farm stands/ranches, producer's home, producer's office, customer's home (hand-delivery), events, roadside stands, any location producer and consumer agree to. INDIRECT SALES (nonperishable only): Retail stores (grocery stores, food shops), restaurants, third-party vendors, wholesale channels via designated agents (2023). Perishable foods (dairy, ice cream, TCS foods) must be sold directly - cannot be wholesaled through retail. Online orders allowed but must be picked up by customer OR hand-delivered (no mail/courier shipping).

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 allowed but NO shipping by mail or courier service (USPS, FedEx, UPS). Must be customer pickup OR hand-delivery by producer. All sales must occur within Wyoming at approved venues or agreed-upon locations. Workaround for nonperishable foods: producer sells to commercial food establishment (indirect sale), establishment can then resell and ship (creates two-step distribution allowing shipping). Perishable foods: direct sales only, no shipping workaround.

Allowed Foods

๐Ÿฐ
Baked Goods
Allowed
๐Ÿฌ
Candy & Confections
Allowed
๐Ÿ“
Jams & Jellies
Allowed
๐Ÿฅ’
Acidified Foods
Allowed
๐Ÿฅซ
Canned Goods
Allowed
๐ŸŒพ
Dried Goods
Allowed
๐Ÿง€
Perishables
Limited
๐Ÿฅฉ
Meat Products
Limited
๐Ÿฅ›
Dairy Products
Limited

Almost ANY food allowed (most permissive nationally). UNIQUE ALLOWANCES: Perishables (refrigerated foods), dairy products (milk, cheese, butter, yogurt), ice cream (explicitly mentioned - only state), eggs (added 2021), prepared foods (veggie lasagnas, soups, salads, smoothies), beverages, canned/preserved foods, confections. MEAT EXCEPTIONS: Poultry (if you raise own, โ‰ค1,000 birds/year, whole or parts or products), rabbit meat (domestic, farm-raised, whole meat only), farm-raised fish (except catfish, whole fish only), products made with state or federally inspected meat (beef jerky, meat pies from inspected meat). PROHIBITED: Non-inspected meat (beef, pork, lamb, goat unless from inspected facility), wild game meat, catfish, seafood (unless from inspected facility), alcoholic beverages. NOTE: Perishable foods can only be sold directly to consumers, not through retail stores. Federal law restrictions apply ('to maximum extent permitted by federal law' for dairy, eggs, meat).

Recent Legislative Updates

Wyoming Food Freedom Act (original)

Effective: 2015

Active

Enacted foundational Food Freedom Act. Allowed direct sales of homemade foods. No permits, licenses, or inspections required. Exempted from state regulation. Established assumption of risk model.

HB 129 & SF 118

Effective: July 1, 2017

Active

Major expansion. Added farm-raised fish sales (except catfish), domestic rabbit meat sales, clarified poultry restrictions (1,000 bird limit). Allowed sale of portions of live animals before slaughter. Allowed producers with commercial food establishments on property to sell under this law.

HB 84

Effective: 2020

Active

Enabled indirect sales of nonperishable foods through retail stores and restaurants. Added $250,000 annual sales limit and 250,000 unit limit. Removed home consumption restriction (allows products for events outside private homes like wedding cakes). Allowed wholesale sales of nonperishable products. Clarified labeling requirements for retail sales.

HB 118

Effective: July 1, 2021

Active

Added eggs to allowed products. 'Homemade food producers may sell eggs to the maximum extent permitted by federal law.' Clarified minimal restrictions should apply. Further defined poultry, rabbit, and fish provisions.

SF 102

Effective: July 1, 2023

Active

Added 'designated agent' concept for third-party sales facilitation. Agents can handle marketing, transport, storage, delivery. Stores can sell on commission basis. Expanded dairy and egg sales 'to maximum extent under federal law.' Differentiated rules for potentially hazardous vs. non-potentially hazardous foods. Producer retains ownership until sale to end consumer.

Important Warnings & Notes

  • โš ๏ธNO shipping by mail/courier - must be pickup or hand-delivery only
  • โš ๏ธPerishable foods (dairy, ice cream, TCS) can ONLY be sold directly - not through retail stores
  • โš ๏ธNonperishable foods only for indirect/wholesale sales
  • โš ๏ธWyoming Food Freedom Act covers ONLY intrastate (within Wyoming) sales
  • โš ๏ธFederal law takes precedence for interstate commerce
  • โš ๏ธProducer NOT exempt from liability for harm caused by products
  • โš ๏ธRestaurants/commercial establishments cannot use cottage food as ingredients (only resell as-is)
  • โš ๏ธ$250,000/250,000 unit caps apply (track annual sales)
  • โš ๏ธDesignated agents: producer retains ownership until final consumer sale
  • โš ๏ธPoultry: must be your own raising and follow 1,000-bird exemption

Research Sources

This information was compiled from the following sources (Last updated: 2025-10-07):

  • โ€ขWyoming Statute ยง 11-49-103 - Wyoming Food Freedom Act
  • โ€ข2020 House Bill 84
  • โ€ข2023 Senate File 102
  • โ€ข2017 House Bill 129 and Senate File 118
  • โ€ข2021 House Bill 118
  • โ€ขInstitute for Justice - 'Baking Bad' Report (2023) - Only A grade
  • โ€ขForrager - Wyoming (best cottage food law analysis)
  • โ€ขWyoming Extension - Food Ventures in Wyoming
  • โ€ขMarketplace (April 2024) - Expanded Wyoming cottage food law article

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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