What Is a Cottage Food Law?
If you have looked into selling homemade food, you have run into the phrase cottage food law. It is the reason you can bake cookies in your own kitchen and legally sell them at a market. Here is what it actually means.
The home-kitchen exemption, in plain terms
Normally, food made for sale has to come out of a licensed, inspected commercial kitchen. A cottage food law carves out an exception: it lets an individual make a defined list of lower-risk foods at home and sell them to the public, without that commercial license. In exchange, you accept limits on what you make, how much you sell, and how you label it.
Why only some foods qualify
The line is food safety. Cottage food laws stick to foods that are shelf-stable, the ones that do not grow dangerous bacteria at room temperature. A dry cookie is low risk. A cream pie is not. That is why the allowed lists look the way they do.
- Low risk and usually allowed: baked goods, jam and jelly, candy, dry mixes, granola, roasted coffee, honey, dried herbs
- Higher risk and usually excluded: anything needing refrigeration, meat, cream and custard, fermented or low-acid canned goods, fresh-cut produce
The usual strings attached
Cottage food laws generally come with a few common conditions. The details differ by state, but the shape is similar almost everywhere.
- A sales cap: a yearly dollar limit on cottage food income
- A sales channel limit: often direct-to-consumer only, such as markets and pickup, sometimes within-state shipping
- A labeling rule: every package must carry a set of required information plus a home-kitchen disclaimer
- Sometimes a permit, a registration, an inspection, or a food handler's card
Cottage food is a state framework, not a federal one
There is no single national cottage food law. Each state writes its own, which is why the allowed foods, the sales caps, and the exact disclaimer wording change when you cross a state line. Whenever you read general advice, including this page, check it against your own state's current program.
Questions
What foods are covered by cottage food laws?
Shelf-stable, lower-risk foods: baked goods, jams and jellies, candies, dry mixes, granola, roasted coffee, honey, and dried herbs are common examples. Foods that need refrigeration, contain meat, or are low-acid canned goods are usually excluded. Every state keeps its own list.
What is the difference between cottage food and a commercial kitchen?
Cottage food lets you make a limited list of low-risk foods at home and sell them without a commercial license, up to a sales cap. A commercial kitchen is licensed and inspected, has no cottage food menu limits or sales cap, and can sell wholesale and across state lines. Many sellers start under cottage food and move to a commercial kitchen as they grow.
Keep reading
This page is general information, not legal advice. Cottage food and food labeling rules vary by state and change over time. Confirm current requirements with your state's cottage food program and the FDA before you sell. See your state's rules or how to label your product.