Cottage Food Bills

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.

Allows online sales and interstate shipping.

A new law that would allow “microenterprise home kitchen operations” to sell many types of perishable foods.

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.

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

Would have raised the sales limit from $75,000 to $300,000 per year.  Would have allowed unpasteurized milk to be sold, if certain requirements were met.

Allows a producer to avoid putting their name, home address, and phone number on labels by requesting a registration number ($15/year)

Would have created a traditional food freedom law that would mainly benefit small farms by allowing them to sell certain items produced from the meat that they raise.

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

Would have removed the annual sales limit (currently $75,000). Would have allowed indirect sales of perishable foods, if certain requirements were met.

Raises the sales limit from $20,000 to $50,000. Greatly expands the types of products producers can sell. Allows online sales & shipping of products. Allows certain indirect sales to retail stores. Removes the home address labeling requirement. Allows domestic kitchens to have pets in the home, with restrictions & a labeling requirement.

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

Creates a new law to allow anyone (not just farmers) to register as a “cottage food manufacturer” and sell up to $50k of nonperishable baked goods per year. Allows manufacturers to sell directly anywhere within the state, including selling online and shipping products within the state. Rhode Island becomes the last state to allow all… [read more]

A new law to allow farmers (that sell over $2,500 of agricultural products per year) to register as a “farm home food manufacturer” and sell many types of nonperishable products at ag-related venues, including farmers markets, farm stands, and other events and stores that are operated by farmers.

Would have allowed a “residential food production operation” to run a micro restaurant in their home for up to 12 guests at a time. Unlike other micro restaurant bills, this one would require customers to consume the food in the producer’s home.

Initial cottage food law

Remove the $15k sales limit and exemption application requirement

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

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.

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

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.

Would have added a provision for indirect sales. Would have clarified certain labeling and sales requirements.

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.

Allowed producers to sell up to $5k/year of products from their home

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

Allows direct sales of some types of perishable foods.

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

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.

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.

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.

Similar to HB 2600. Would have created a new category of home food business called a “home food processor.” Would not have changed the existing cottage food law. Would have allowed sales from any venue, including indirect sales. Would have permitted shipping within Texas. Would have expanded the list of allowed foods to include items… [read more]

Although it didn’t pass, it is very similar to SB 541, which did pass. Would have increased the sales limit from $50,000 to $100,000 per year, and would have continued increasing it to keep up with inflation. Would have enabled all types of allowed products to be sold indirectly, provided that certain requirements were met…. [read more]

Similar to HB 1926. Would have created a new category of home food business called a “home food processor.” Would not have changed the existing cottage food law. Would have allowed sales from any venue, including indirect sales. Would have permitted shipping within Texas. Would have expanded the list of allowed foods to include items… [read more]

Would have prevented homeowners’ associations from prohibiting cottage food operations.

Would have removed the annual sales limit.

Would have increased the sales limit from $50,000 to $150,000 per year. This bill was no longer necessary once SB 541 passed.

Would have allowed in-state shipping of products.

Would have allowed indirect sales of products at stores, restaurants, etc.

Would have removed the $50,000 sales limit

Would have removed the home address label requirement, requiring producers to list their zip code and phone number on labels instead.

Increases the sales limit from $50,000 to $150,000 per year. Allows indirect sales of non-perishable foods, provided that certain requirements are met. Allows many types of perishable foods (e.g. cheesecakes, vegetable soups, casseroles, etc), as long as the producer adheres to certain requirements. Allows producers to exclude their home address on labels, as long as… [read more]

Would have been a massive improvement to their cottage food law. Would have allowed certain indirect sales through stores, restaurants, and at farmers markets and farm stands. Would have increased the sales limit to $100,000 per year. Would have allowed certain perishable baked goods (e.g. cheesecake). Would have removed the home address requirement. Would have… [read more]

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.

Exempts minors from labeling requirements.

Allows direct sales at all in-person events. Increases the sales cap for acidified foods from $3,000 to $9,000. Does not require small products to be individually labeled. Clarifies that online advertising is allowed.

Would have allowed home micro restaurants, similar to California’s MEHKO law

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.

Increases the sales limit from $25,000 to $35,000 per year. Increases the sales limit every four years to account for inflation. Requires producers to renew their permit every two years, instead of annually.

Would have increased the sales limit from $25k to $50k

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

Would have increased the annual sales limit from $35,000 to $50,000. Would have increased the sales limit every 2 years to account for inflation, instead of every 4 years.

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

Allows sales of homemade baked goods

Specifies that the baked good allowance applies to all home bakers in Wisconsin

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

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

Would have allowed a producer to sell meat products from animals that they raised, under certain conditions.

Allows producers to sell dairy products. Allows certain indirect sales and delivery capabilities via a “designated agent”.

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

Allows products with meat raised by the producer, if certain requirements are met.