Cottage Food Bills

A simple bill that aimed to add roasted coffee and gluten-free baking mixes to the list of allowed foods. With SB 160 passing, these foods (and many others) became allowed.

Amendment to Chapter 420-3-22-.01 which allowed sales of most non-perishable foods at farmers markets

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

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

Allows producers to sell many types of perishable foods (including some with meat), as well as all non-perishable foods. Removes the sales limit (previously $25,000). Allows indirect sales in retail locations. Allows online sales and shipping within the state. Changes the labeling requirements.

Was trying to allow the sale of freeze-dried fruits and vegetables, but HB 2042 passed instead, making this bill no longer needed.

Replaces their current cottage food law with a food freedom law. Greatly expands the types of products producers can sell, including perishable foods and certain items with meat. Requires perishable foods to be sold directly to the consumer. Adds some restrictions to indirect sales of nonperishable foods.

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

Would have replaced their current cottage food law with a food freedom law. Would have greatly expanded the types of products producers can sell, including perishable foods and certain items with meat. Would have required perishable foods to be delivered in-person. Would have added some restrictions to indirect sales of nonperishable foods.

Would have replaced the cottage food law with a food freedom law which would have allowed many types of perishable foods.

Allows more types of nonperishable food products. Removes the home address labeling requirement. Requires food safety training for all producers. Requires producers to renew their registration every 3 years.

Allowed online sales, and possibly shipping and sales to other states

Allowed sales at online farmers markets

Initial cottage food law allowing most direct sales of certain types of nonperishable foods

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

Allowed direct sales at “pop up shops” within retail stores

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]

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.

Increases meal cap from 60 to 90 meals per week. Increases sales limit from $50k to $100k per year.

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]

Requires CFOs to include key labeling info on public advertisements.

Would remove the sales limits for both the cottage food and MEHKO laws. Would also remove the production limits for MEHKOs. Would also allow mobile food facilities to operate under the MEHKO law.

Would have allowed the sale of perishable foods.

Would allow producers to sell their products at any farm store or cafe within a 20-mile radius of their home.

Increases the sales limit from $25k to $50k

Increases sales limit from $40k to $50k per year

Creates rules to allow cottage food establishments. Allows certain non-perishable baked goods, candy, jams, jellies, and other fruit preserves. Allows sales from home and at farmers markets, events, and roadside stands. Limits sales to $25,000 per year. Requires producers to get registered, get a kitchen inspection, and renew their registration annually.

Requires allergens on labels. Specifies that registrations must always be renewed on April 1st of each year.

Removes the sales limit (previously $25k/year). Removes the home address requirement on labels. Potentially restricts the types of baked goods that are allowed.

Establishes rules allowing farmers to sell homemade foods. Allows farmers to sell many types of non-perishable foods. Allows farmers to sell from their farm, at farmers markets, and from roadside stands. Limits sales to $40,000 per year. Requires farmers to get an annual license, kitchen inspection, and take a food safety course. Prohibits pets from… [read more]

Cottage Food Expansion Amendment Act of 2019

Health Care Reporting Amendment Act of 2019

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

Prevented local governments from restricting or prohibiting home-based businesses

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

Would have allowed micro-restaurants known as “home kitchen operations”.

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

Syntactic changes that further clarify (but do not change) the cottage food law.

Would have created a new law to allow “microenterprise home kitchens” (AKA micro-restaurants) to sell ready-to-eat meals and food.

A significant improvement to their cottage food law. Allows indirect sales of products at retail stores and restaurants. Allows all nonperishable foods and drinks. Allows interstate sales. Removes the requirement to get a cottage food license, get a kitchen inspection, and take a food safety course. Allows a producer to avoid putting their home address… [read more]

Would have been a significant improvement to their cottage food law. Would have allowed indirect sales of products. Would have removed the requirement to get a kitchen inspection. Might have removed the requirement to get a cottage food license and take a food safety course. Would have allowed a producer to avoid putting their home… [read more]

Would have allowed micro-restaurants to sell most types of perishable food items from home

Similar to HB 2144. Would have created a law for Hawaii’s existing cottage food rules.  Would have allowed direct, online, and indirect sales of all nonperishable foods.  Would have allowed producers to sell dried, freeze-dried, acidified, fermented, and low-acid foods in certain cases. Would have required producers to register with the health department. Would have… [read more]

Likely has been replaced by HB 2144. Would have created a law for Hawaii’s existing cottage food rules.  Would have allowed direct, online, and indirect sales of all nonperishable foods.  Would have allowed the direct sale of some perishable foods. Would have allowed producers to sell dried, freeze-dried, acidified, fermented, and low-acid foods in certain… [read more]

Would have created a new law to allow “microenterprise home kitchen operations” (AKA micro-restaurants) to sell ready-to-eat meals and food.

Will allow pickled, acidified, and fermented foods. Will allow indirect sales through stores as well as online sales and shipping.

Would have codified (put into law) Hawaii’s existing cottage food rules. Would have allowed direct, online, and indirect sales of all nonperishable foods. Would have allowed direct sales of perishable foods. Would have implemented a permit process with a fee.

Would have allowed interstate sales. Would have allowed indirect sales in some counties.

Further clarified the list of prohibited foods, and allowed acidified canned foods as long as certain rules are followed

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

Allows producers in the two counties without a health department to sell legally. Allows cottage food operators to sell through “mobile farmers markets”. Clarifies that cottage food operators can sell both extracts and baked goods containing alcohol.

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.

Enabled sales of nonperishable foods at farmers markets & roadside stands

Would allow many types of perishable products to be sold. Would increase the annual sales limit to $1,500,000. Would simplify labeling requirements.

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

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]

Attempted to create a food freedom bill, which mimicked many features of other food freedom laws around the country. However, it would have only applied to farmers.

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

Amends definitions with no substantial changes

Increased license fee to $50

Increased license fee to $33.75

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.

These rules added a lot of clarification on the requirements for microprocessors.

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).

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]

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]

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

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.

Would prevent local governments from imposing restrictions on home-based processors.

Would allow home-based processors to sell roasted coffee beans.

Increases the sales limit from $20k to $30k

Increases the sales cap from $25k to $50k

Tried to increase the sales limit from $25k to $100k

Would allow refrigerated baked goods (e.g. cheesecakes).

Allows residential kitchens in the city of Boston

Would add a new law to allow producers to sell nonperishable products directly to consumers within the state, without needing a license or permit from the health department. Would allow in-state shipping. Would prevent local governments from imposing restrictions on cottage food businesses.

Would add a new law to allow producers to sell nonperishable products directly to consumers within the state. Would allow in-state shipping. Would allow fermented products.

Would have created a new law to allow “home kitchen operations” (AKA micro-restaurants) to sell ready-to-eat meals and food.

Similar to H 862. Would allow producers to sell nonperishable products directly to consumers within the state, without needing a license or permit from the health department.

Similar to H 915. Would have allowed producers to sell nonperishable products directly to consumers within the state, without needing a license or permit from the health department.

Similar to H 465. Would allow producers to sell nonperishable products directly to consumers within the state, without needing a license or permit from the health department.

Similar to H 758. Would have allowed producers to sell nonperishable products directly to consumers within the state, without needing a license or permit from the health department.

Would create a new law to allow “home kitchen operations” (AKA micro-restaurants) to sell ready-to-eat meals and food.

Would allow online sales and in-state shipping, if certain requirements are met. Would increase the sales limit from $25,000 to $50,000 per year. Would increase the annual sales limit to $75,000 for producers of high-priced items ($250+/item). Would increase the sales limit each year to account for inflation. Would allow a producer to use a… [read more]

Would have increased the annual sales limit from $25,000 to $40,000

Would have increased the sales limit from $25,000 to $55,000 per year. 

Would have allowed online sales and in-state shipping if the customer can interact with the producer face-to-face (in-person or virtually). Would have allowed a producer to use a registration number instead of their home address on labels. Would have increased the annual sales limit from $25,000 to $43,000. Would have increased the sales limit each… [read more]

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

Initial cottage food law

Would have allowed products to be sold online and be shipped. Would have increased sales limit from $25k to $100k.

Would allow products to be sold online and be shipped. Would also allow products to be sold in food service establishments. Would also remove the $25k sales limit. Allows a producer to use a registration number on labels instead of their name and home address.

Initial cottage food law

Would have allowed online sales and in-state shipping, if certain requirements were met. Would have increased the sales limit from $25,000 to $45,000 per year. Would have increased the annual sales limit to $75,000 for producers of high-priced items ($250+/item). Would have increased the sales limit each year to account for inflation. Would have allowed… [read more]

Syntactic changes that would not change the cottage food law.

Will allow shipping within the state, starting in August 2027. Will reduce the annual registration fee from $50 to $30. Will remove the registration exemption for small sellers. Will increase the sales limit every two years to keep up with inflation.

Would allow shipping within the state.

Would have increased the sales limit from $78,000 to $85,000. Would have increased the exemption limit from $5,000 to $8,500.

Allows shipping of pet food.

Would create a new law to allow “microenterprise home kitchen operations” (AKA micro-restaurants) to sell ready-to-eat meals and food.

Would allow all direct sales at local venues (currently limited to farmers markets and community events). Would allow shipping within the state. Would increase the sales limit from $78,000 to $85,000 per year. Would increase the exemption limit for sales from $5,000 to $8,500 per year.

Would have exempted cottage food products from being taxed by the state.

Would have exempted producers from needing a handwashing sink when providing pre-packaged samples.

Would allow “microenterprise home kitchens” (AKA micro-restaurants) to sell ready-to-eat meals and food.

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

Would have raised the sales limit from $35,000 to $50,000. 

Tried to allow online sales

Would have allowed online sales

Would have allowed the sale of fried pies and most types of acidified foods (e.g. salsas, sauces, etc). Would also have allowed homemade wine in certain cases. Would have increased the sales limit from $35,000 to $59,000 per year. Would have required cottage food operators to take a food safety training course. Would have added… [read more]

Would have increased the annual sales limit from $35,000 to $50,000. Would have expanded the allowed foods to include acidified foods and fried pies. Would have added a lot of clarification on the requirements for producers.

Allows online sales and in-state shipping for sales of baked goods, jams, jellies, & herbs. Removes the $50k sales limit.

Tried to allow online sales and remove the $50k sales limit

Would have allowed online sales

Initial cottage food law for sales from home. Allowed up to $50k per year of sales of baked goods, jams, jellies, & herbs.

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

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.

Allows sales of non-perishable foods at farmers markets.

Allows all non-perishable foods and many types of perishable foods. Adds a label requirement for perishable foods. Clarifies that perishable foods cannot be shipped. Prohibits local governments from imposing restrictions on producers. Clarifies that farmers market sellers are only exempt from registration if they only sell non-perishable foods. Clarifies that products must be made in… [read more]

Allows sales from home, at public events, and via mail order. Requires producers to get registered and take a food safety course, unless they only sell at farmers markets. Adds labeling requirements.

Would increase the sales limit to $100,000 per year. Would allow online sales and in-state shipping.

Would have changed their basic cottage food law for “homestead food operations” into a micro-restaurant law for meals prepared and served on the same day. Would have increased the sales limit from $35,000 to $50,000.

Would have redefined “homestead foods” as “artisan foods” and replace their cottage food law with a food freedom law. Would have allowed the sale of perishable foods. Would have allowed all in-person sales and wholesale for non-perishable and perishable foods. Would have also allowed online sales and shipping for non-perishable foods.

Removes the $35k sales limit for “homestead food operations”.

Will allow homestead food operations to use commercial kitchen equipment. 

Allows producers to sell acidified foods (pickles, salsas, etc)

Creates a committee to review the approval process for recipes used in a homestead food operation.

Will allow producers to use an email address on labels instead of a physical address. Will allow producers to simplify labels in certain situations by using a QR code.

Will allow producers to use other parts of their home for food production, not just their home kitchen.

Increased the sales limit from $20,000 to $35,000 per year

Will allow “occasional food service establishments” to offer pickup for products once per week, without needing a license.

Would allow producers to sell freeze dried foods.

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

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]

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.

Would have created a new law to allow “home kitchen operations” (AKA micro-restaurants) to sell ready-to-eat meals and food. Reintroduced in 2022 and 2023 (under S 1057).

Would exempt certain types of sales from licensing if the producer sells less than $12,500 of non-perishable products per year. Would allow sales of acidified foods (e.g. pickles, salsas, etc) and fermented foods.

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

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

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

Would have created a new law to allow “home kitchen operations” (AKA micro-restaurants) to sell ready-to-eat meals and food.

Would have created a new law to allow “home kitchen operations” (AKA micro-restaurants) to sell ready-to-eat meals and food. Initially introduced in 2021. Reintroduced in 2023 (under S 1057).

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.

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.

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.