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Iowa HF 2431

Changes “home bakeries” to “home food processing establishments”. Allows home food processing establishments to sell most types of homemade food, including perishable foods and items containing red meat and/or poultry (if the meat is from an approved source). Allows cottage food businesses to sell online and ship products. Allows cottage food businesses to sell acidified… [read more]

South Dakota HB 1322

Allows all nonperishable foods. Allows home canned goods, fermented foods, and some perishable foods (baked goods, sauces, frozen fruit), if certain requirements are met.

Indiana HB 1149

Greatly expands the cottage food law by allowing all direct sales of almost all nonperishable foods (except acidified canned goods), including online sales and in-state shipping.

Tennessee HB 813

Removes almost all restrictions for selling nonperishable food items. Allows indirect sales at retail stores. Changes labeling requirements. Removes restriction on having employees.

South Carolina S 506

Allows the sale of all nonperishable foods, instead of just “candy and baked goods”. Allows online sales and indirect sales at retail/grocery stores. Allows products to be shipped. Allows producers to replace their home address with an ID on product labels. Increases full exemption limit from $500 to $1,500.

Illinois Public Act 102-0633 (SB 2007)

Massive amendment which allows all direct sales venues (including in-state shipping), adds restrictions for riskier food items, and adds a paid registration process

California AB 831

Requires CFOs to include key labeling info on public advertisements.

Oklahoma HB 1032

The Homemade Food Freedom Act, which allows sales of non-perishable foods anywhere, and allows only direct sales of perishable foods (that don’t contain meat). It comes with a $75,000 sales limit.

New Jersey 53 N.J.R. 1711(a)

Initial law that allows most nonperishable foods to be sold directly within the state, and sets a $50k sales limit

Alabama SB 160

Huge improvement which allows most non-perishable foods, removed the sales limit, and allows online sales and in-state shipping

Minnesota SF 958

Increased the sales limit to $78,000, increased the exemption sales limit to keep up with inflation, allowed producers to set up their businesses as LLCs, allowed some types of pet treats

Arkansas SB 248 (Act 1040)

The “Food freedom Act”, which replaced the cottage food law and allows almost all nonperishable foods to be sold almost anywhere, without government regulation

New Mexico HB 177

The Homemade Food Act, which greatly improved New Mexico’s cottage food law. It allows direct sales within the state of most non-perishable foods, with no sales limit. This law also prevents cities (like Albuquerque) from restricting these businesses.

Florida HB 663

The “Home Sweet Home Act” allowed shipping, increased the sales limit to $250k, and allowed cottage food businesses to be setup as an LLC or corporation

Florida HB 403

Prevented local governments from restricting or prohibiting home-based businesses

Indiana SB 185

Didn’t change the law, but created a working group to discuss ways to improve the cottage food law in the future

Montana SB 199

The Montana Local Food Choice Act, which allows direct intrastate sales of any homemade food that doesn’t contain meat

California AB 1144

Allows CFOs to ship and fulfill orders with a 3rd party delivery service. Also increases the sales limit to $75k for Class A CFOs, and $150k for Class B CFOs. Also specifies that the sales limit can increase annually to adjust for inflation. Also removes the requirement that Class B CFOs need special permission to… [read more]

Wyoming HB 118

Allows people to sell eggs under the law, and clarifies that there should be as few restrictions as possible for businesses using this law

Utah HB 94

Allows Utah residents to sell homemade meals, similar to California’s AB 626 from 2019. This law comes with many requirements and restrictions, but it doesn’t have California’s opt-in limitation.

New York Rule Change 2021

Improved the cottage food law by updating administrative rules. Allows home processors to sell indirectly through restaurants, retail stores, and other wholesale venues.

Nebraska – Lincoln Ordinance & Lawsuit

Lincoln changed their ordinance to make it much easier to start a cottage food business. This ordinance change was in response to a lawsuit from the Institute for Justice last year.

North Dakota Lawsuit

5 plaintiffs, along with help from the Institute for Justice, successfully sued the ND Health Department for undermining the food freedom law. The judge determined that the health department had intentionally ignored and undermined the law when they published their rules. After the judge’s ruling, the original food freedom law was restored.

New York Rule Change

Allowed indirect sales (through retail stores, restaurants, etc) and removed restrictions on custom-ordered products (wedding cakes, birthday cakes, custom cookies, etc)

South Dakota HB 1125

Removed the $5k sales limit for sales at home, and allowed the producer or someone living with them to deliver products. Specified that the producer’s physical address, mailing address, and phone number must be on labels.

North Dakota Health Department Rules (NDAC 33-33-10)

After multiple unsuccessful attempts to restrict the food freedom law, North Dakota’s health department bypassed the legislature and passed rules that undermined the law. They restricted most perishable foods and added labeling requirements.

Kentucky 902 KAR 45:090

These rules from the health department clarified which foods are allowed, required allergen info on labels, set a registration fee ($50), and added a number of workplace requirements for a home-based processor to follow.

Kentucky HB 468

This amendment allowed more types of food products (dried herbs, spices, nuts, candy, dried grains) and gave the health department authority to modify the allowed foods list. It also set a $60,000 sales limit, and required home-based processors to register with the health department.

Kentucky HB 468

This amendment gave the health department authority to modify the allowed foods list, and also increased the sales limit to $60,000.

Arizona SB 1022

Added more allowed (non-PHF) foods, changed labeling requirements (removed home address), required food safety training for all producers, required registration renewal every 3 years

Kentucky HB 263

This amendment changed the law for home-based processors so that it could be used by anyone (not just farmers), and allowed all direct sales, including online sales (not just sales from farms, farmers markets, and roadside stands).

New York Rule Change

Allowed sales from home and online, including in-state shipping, and expanded the list of allowed products

Oklahoma SB 508

Expanded sales venues to farmers markets as well as from the home, and allowed delivery of products to the customer

North Dakota HB 1433

North Dakota’s first law that legalized the sale of homemade food. This was the second food freedom law to be passed, and allows producers to sell all non-meat foods directly to consumers. The biggest restriction is that products must be consumed in private homes. There is no licensing or inspection needed to sell.

Florida HB 1233

Increased the sales limit to $50k and allowed online sales, as long as they were delivered in-person

Wyoming HB 129

Allows the sale of farm-raised fish and rabbit meat, while also restricting poultry products to those who raise poultry

Wyoming SF 118

Allows those who have a commercial food establishment on their property to sell with this law

Tennessee SB 1187

Simplified Tennessee’s cottage food laws by allowing all direct sales within the state of any type of nonperishable food (except acidified foods). Removed the potential for a producer to sell homemade food indirectly.

Iowa SF 2273

Increased sales limit to $35k; changed name from “home food establishments” to “home bakeries”

Alabama SB 159

First dedicated cottage food law, which allowed direct sales of certain non-perishable foods, and had a $20k sales limit

California AB 1252

Allowed all Class A & B operations to do direct sales anywhere within the state, rather than just their own county. It also required Class A operations to list their county on product labels.

Oklahoma HB 1094

The Home Bakery Act of 2013, which was Oklahoma’s first cottage food law, only allowed sales of baked goods at the producer’s home, with a $20,000 sales limit

California AB 1616

Initial cottage food law which created two classes of cottage food operations (CFOs). Class A can sell directly at most venues, whereas Class B can also sell indirectly through stores, restaurants, etc. A Class B permit is more expensive and requires a kitchen inspection. All CFOs can sell from a specific list of non-perishable items,… [read more]

Michigan HB 5130

Increase sales limit from $15k to $20k until 2017, then $25k thereafter

Tennessee SB 3547

Allowed “home-based kitchens” to sell directly from home and at farmers markets and events, without needing a permit from the ag department. Certain nonperishable foods were allowed, and there was no sales limit. These rules were repealed in 2017.

Arizona HB 2103

Arizona’s initial cottage food law, allowing for the sale of baked and confectionary goods from any venue within the state

Florida HB 7209

Initial cottage food law, which allowed producers to directly sell a number of non-perishable foods, and set a $15k sales limit

South Dakota HB 1222

Initial cottage food law. Allowed producers to sell nonperishable baked goods and home canned goods at farmers markets, roadside stands, and similar venues. Those selling canned goods needed to have their recipes approved by a processing authority.

New Mexico 7.6.2.16 NMAC

This was New Mexico’s initial law for “Homebased Food Processors”. For many years, it was the strictest of all cottage food laws, which resulted in very few people using it. And some areas — most notably Albuquerque — didn’t even allow homebased food processors at all. The steps to to get a permit were very… [read more]

Indiana HB 1309

Enabled sales of nonperishable foods at farmers markets & roadside stands

Tennessee TN Rules & Regulations 0080-04-11-.04

Allowed “domestic kitchens”, which could sell directly and indirectly, but required a complex application process, and limited sales to 100 units per week. These rules were repealed in 2017.

Kentucky HB 391

Kentucky’s law for home-based microprocessors is only for farmers or those who grow the primary ingredient in a product (e.g. grow tomatoes for canned tomatoes). This law allows farmers to sell acidified foods, low-acid canned foods, and low-sugar jams & jellies on their farm, at farmers markets, or at roadside stands. Home-based microprocessors need to… [read more]

Kentucky HB 391

Kentucky’s first cottage food law for home-based processors was only for farmers or those who grew the primary ingredient in a product (e.g. grew strawberries for strawberry jelly). This law allowed farmers to sell bread, cakes, cookies, pies, jams, jellies, fruit butters, and sweet sorghum syrup on their farm, at farmers markets, or at roadside… [read more]