2021 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.

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

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

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

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]

Requires CFOs to include key labeling info on public advertisements.

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

Made very minor adjustments to the cottage food rules, most notably lessening the requirements for water testing and using kitchen scales.

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

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

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.

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

Allows residential kitchens in the city of Boston

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

Tried to allow online sales

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

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.

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

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).

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

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.

Tried to allow anyone (not just farmers) to sell homemade food products, as well as expand sales venues and allowable products

Would have allowed the sale of all types of food, including perishable foods.

Tried to create a food freedom bill, which would have been similar to some of the best food freedom laws around the country

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.

Tried to allow microenterprise home kitchen operations, similar to California and Utah. It would have let people run mini-restaurants from home, albeit with a lot of restrictions.

Allows all non-perishable baked goods, not just ones made with flour

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