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Minnesota

Minnesota used to have one of the most restrictive cottage food laws in the nation. In 2015, they passed a new law (SF 5) which greatly improved their law, and then they further improved it in 2021 by passing an amendment (SF 958). Cottage food producers can sell almost any type of nonperishable food, but they […]

New Jersey

New Jersey has tried to pass countless cottage food bills, but one senator continues to prevent any of them from passing.

Florida

Florida’s cottage food law has improved significantly over time. After passing their first law (HB 7209) in 2011, they have passed three amendments: in 2017 they passed HB 1233, and in 2021 they passed HB 663 & HB 403. Florida now has a good cottage food law, especially since it is very easy for a […]

Arizona

Arizona created their initial cottage food law in 2011 (HB 2103) and amended it in 2018 (SB 1022) to allow more types of food products. Arizona has one of the most successful cottage food programs of any state, with over 10,000 businesses registered as of 2021. This success is in large part because Arizona has […]

Indiana

LAW UPDATE In 2021, Indiana passed a new bill (SB 185) that may improve their cottage food law in 2022. This bill creates a working group which is tasked with determining recommendations for cottage food businesses. Most likely, the group’s findings will be used to try to pass a bill in 2022 to improve the […]

South Carolina

South Carolina created a cottage food law in 2012, which was amended in 2018 to remove some limitations. This law for “home-based food production operations” allows an operator to sell nonperishable “candy and baked goods” directly to consumers at most sales venues, like farmers markets, events, and from home. There is no sales limit, but […]

Arkansas

LAW UPDATE Since this page was last updated, Arkansas has passed a food freedom bill (SB 248). As of July 29th, 2021, producers can now sell non-perishable foods almost anywhere within the state, without needing to get licensed by the health or ag department. Arkansas created a cottage food law in 2011 (Act 72), and […]

Michigan

Michigan enacted a cottage food law in 2010 (HB 5280), and then amended it once in 2012 (HB 5130) to increase the sales limit. Many types of non-perishable foods are allowed, and producers can sell directly to consumers at most sales venues. It is very easy to start a cottage food business, since no license […]

Iowa

Iowa has two different laws for home cooks, both of which predate most modern cottage food laws. Iowa has been allowing sales of homemade food since at least the 1980s. First, Iowa has an exemption that allows producers can sell most types of non-perishable food products from home and at farmers markets, without needing any […]

Washington

Washington is one of the most difficult states for starting a cottage food operation. It is very complicated to get a cottage food permit… almost as complex as setting up a commercial food business. And yet, Washington’s cottage food law is fairly limited, only allowing $25,000 of sales per year, prohibiting indirect sales (to restaurants, […]

Maryland

Maryland passed a very restrictive cottage food law (SB 550) in 2012, which limited sales to farmers markets and public events. Then from 2018 – 2020, three amendments significantly improved the law. In 2018, HB 1106 allowed other in-person, direct sales in the state, including mail order sales. In 2019, SB 290 allowed sales at […]

District of Columbia

Washington D.C. started allowing homemade food sales in 2013, with the passage of the “Cottage Food Amendment Act of 2013” (B20-0168). In 2017, the health department added many rules (DCMR Title 25-K), which made it much more complicated and expensive to start a cottage food business. In 2020, the law significantly improved via two amendments. […]

Wyoming

LAW UPDATE Since this page was last updated, Wyoming improved their food freedom law with a new bill (HB 118). As of July 1st, 2021, producers can now sell eggs under the law, and clarifies that there should be as few restrictions as possible for businesses using this law. Wyoming has the best cottage food […]

New York

LAW UPDATE Since this page was last updated, New York’s ag department has changed the rules to improve their cottage food law. Most importantly, indirect sales through retail stores are now allowed. Please read the ag department’s website for the current rules. New York’s law for home food processors comes with some restrictions, but for […]

Selling Spicy Peanuts in Breweries with Kevin Martino

Kevin Martino started his cottage food business, Chef Kev’s Specialty Foods, when California created its cottage food law in 2013. He wholesales flavored peanuts to a number of breweries and hardware stores in Concord, CA, and also sells online.

Kevin was actually one of the first cottage food business owners that I ever met, and it’s cool to see how far he has come with his business over the years.

Kevin talks about what he’s learned through producing and wholesaling spicy peanuts, how he’s grown his business so far, and what he’s planning for in the future. I also share my insight on why an LLC might not be the right fit for him at this point.

Utah

NEW LAW As of May 5th, 2021, Utah passed a new bill (HB 94) which allows producers to run mini restaurants from their home. It is similar to California’s MEHKO law. Utah has two laws that allow for the sale of homemade food. This page is for Utah’s food freedom law, also known as the […]

Utah Cottage Food

Utah has two laws that allow for the sale of homemade food. This page is for Utah’s cottage food law, which has existed since 2007. Utah also has a newer food freedom law, which is much easier to setup and allows many more types of food items, but is more restricted in other ways. If […]

North Dakota

UPDATE Since this page was last updated, a successful lawsuit in North Dakota has nullified the health department’s controversial rule changes. As of December 10th, 2020, producers can once again fully use North Dakota’s food freedom law. North Dakota’s path to a cottage food law resembles a roller coaster ride, but not necessarily a fun […]

Nebraska

Nebraska passed a bill (LB 304) in 2019 which greatly expanded their cottage food law. Before that, homemade food could only be sold at farmers markets. Producers can sell any type of non-perishable food at farmers markets, public events, from home, and online. For sales outside of farmers markets, producers must complete a food safety […]

Texas

Texas passed an amendment (HB 970) to their cottage food law in September 2013, which greatly loosened the restrictions of their original cottage food law (SB 81). In 2019, they passed another amendment (SB 572) which greatly expanded it again. After many attempts to improve the law, Texas now has a good cottage food law. Producers can sell anywhere […]

California Microenterprise Home Kitchen Operation

California’s bill (AB 626) which allows for “microenterprise home kitchen operations” was passed on September 18th, 2018 and went into effect on January 1st, 2019. Although the law is a first-of-its-kind and has been described as a “game-changer”, the reality is that the bill is so severely limited, it is unlikely to make much of […]

West Virginia

West Virginia has one of the best cottage food laws in the country. For many years, they had very specific and restrictive laws which only allowed a few types of food items to be sold at farmers markets. Then in 2018, they passed a new law which expanded the allowed foods list but still restricted […]

Alaska

Alaska’s cottage food law is fairly flexible, though only direct, in-person sales are allowed, and producers are limited to $25,000 of sales per year. The law allows most non-potentially hazardous foods, including many items that are not allowed in other states, like soda and some types of fruit juices. Some higher-risk products need to be tested to […]

Alabama

LAW UPDATE Since this page was last updated, Alabama has greatly improved their cottage food law with a new bill (SB 160). As of August 1st, 2021, cottage food producers can now sell most non-perishable foods, and can sell their products online and ship them within the state. Also, the sales limit was removed. Most […]

Hawaii

Hawaii does not have a cottage food law, but it is possible to sell certain types of homemade food at events with a temporary food establishment permit.

Connecticut

After many years of consistent effort, Connecticut finally created a usable cottage food law (PA 18-141 or SB 193) that went into effect on October 1st, 2018. Before then, only farmers could sell homemade food. Farmers can still use the Residential Farm law to sell certain types of canned goods. This law allows the direct […]

Illinois

LAW UPDATE In 2021, Illinois passed a new cottage food amendment (SB 2007), which will go into effect on January 1st, 2022. The new amendment will be a major improvement to their law, allowing most types of direct sales in the state, including sales from home, events, roadside stands, etc. It will add a paid […]

Colorado

The “Colorado Cottage Foods Act” began in 2012 and was amended in 2013, 2015, and 2016 (read about the history of the act). 2016’s amendment (SB 16-058) added all non-PHF foods to the approved list (including pickled items) and enabled internet sales within the state. The current law restricts producers to direct sales only, but no license from […]

Delaware On-Farm Home Processing

Delaware’s cottage food law allows individuals to sell many homemade products, but the setup process is fairly complicated, and sales are limited to $25,000 per year. This page explains Delaware’s separate law for on-farm home processing, which is more limited in some ways, but for those who meet the requirements, it allows more sales and may be easier […]

Delaware

LAW UPDATE Since this page was last updated, Delaware has changed their cottage food law. Please see the cottage food regulations to learn more. For over a decade, Delaware’s cottage food law was only available to farmers. In September 2016, the health department created and enacted some new rules that allow many more people to start […]

California

LAW UPDATE In 2021, CA passed a new cottage food amendment (AB 1144), which will go into effect on January 1st, 2022. The new amendment will allow CFOs to ship their products within the state, and it will increase the sales limit as well. The California Homemade Food Act (also known as “AB 1616”) passed in […]

Ohio

Ohio’s cottage food law does not require any licensing from the ag department, and there is no sales limit, but the law limits producers in other ways. Rather than allowing all direct sales, operations can only sell their items at specific types of venues, which does include a couple indirect (wholesale) channels, like selling to a […]

Maine

NEW LAW Since this page was last updated, Maine created a new food sovereignty law, which allows some municipalities to remove most restrictions on homemade food. You should check with local officials to see if there is an ordinance that enables this law in your area. Maine has had their “home food manufacturing” law in […]

Massachusetts

UPDATE Since this page was last updated, Boston created an ordinance to allow residential kitchens, so now Boston residents can use the cottage food law. Massachusetts developed its law for “residential kitchens” in 2000, well before cottage food laws became common. Residential kitchens are considered “food establishments” (like their commercial counterparts), so it is harder […]

Nevada

Nevada’s cottage food law (SB 206) allows many different types of food products to be sold, but it is restricted in most other ways. Cottage food operators must make all of their sales in-person, and they are limited to $35,000 of sales per year. There are four health districts that register cottage food operations in the […]

Idaho

Idaho has allowed for the sale of low-risk homemade foods for years, but is just now codifying their practices into state rules. The new proposed rules were passed in January 2016, and they should become effective by April 2016. However, it is currently possible to directly sell cottage foods, and the below information describes current practices. […]

Montana

LAW UPDATE Since this page was last updated, Montana has passed a food freedom bill (SB 199). As of April 30th, 2021, producers can now sell most types of homemade foods (including many perishable ones) and don’t need to get a permit from the health department. Montana’s new cottage food bill (HB 478) went into […]

Oregon

Oregon’s new cottage food law (SB 320) went into effect on January 1st, 2016, which makes starting a cottage food operation much easier. Although the new law comes with many more restrictions, those who want more flexibility can still get a Domestic Kitchen license. Also, Oregon’s Farm Direct Bill allows farmers and growers to bypass many requirements. Starting […]

Oregon Domestic Kitchen

Oregon’s laws for domestic kitchens are not the easiest when it comes to getting licensed, but they give producers a lot of freedom once they are setup. However, there are some strict requirements, like never allowing pets in the producer’s home. Those who want an easier setup and fewer requirements (but more restrictions) can use Oregon’s […]

Tennessee

In 2012, Tennessee updated their home-based food laws to make it much easier for cooks to sell their homemade food. Although a license or inspection from the ag department is no longer required, producers can only sell in-person at certain venues. However, sellers may still utilize the older domestic kitchen law if they want to sell indirectly […]

Tennessee Domestic Kitchen

Tennessee has updated their laws to exempt basic home-based food processors from a license and kitchen inspection. However, they still allow home-based food businesses under the domestic kitchen law, which allows indirect sales to restaurants and retail stores. A domestic kitchen is much more difficult to setup, requiring training, permits, plans, and a home inspection. Domestic kitchens are […]

Mississippi

Prior to 2013, Mississippi only allowed sales of homemade food at farmers markets, but they passed a new cottage food bill (SB 2553) that year to allow in-person sales at other venues as well. However, individuals can now sell only $35,000 of homemade food per year. Fortunately, many types of food products are allowed, and it’s very […]

Pennsylvania

Pennsylvania is a bit different than other states in that it doesn’t have laws specific to cottage food operations, but the Department of Agriculture simply allows “limited food establishments” that meet specific guidelines. The application process is lengthy, but limited food establishments have a lot of flexibility once they’re setup. Unlike other states, in Pennsylvania, there are many similarities between the […]

Kansas

LAW UPDATE Since this page was last updated, Kansas has changed their law to be less restrictive. Most notably, producers can sell from home, including selling online and shipping products. See this guide for more information. Kansas does not appear to have any official law governing the sale of homemade foods, but the Department of Agriculture […]

Virginia Home Food Processing Operation

Unlike almost every other state, Virginia allows people to operate very unrestricted food businesses out of their homes. Their food laws are very different than most states, written in such a way that there is not any distinction between a food business that uses a commercial kitchen versus a home kitchen. Instead, the distinction is provided by […]

Virginia

Virginia allows producers to make certain types of food from home without needing a license or inspection from the ag department. The information on this page only pertains to operations that do not get their home kitchen inspected. If you want to make more types of food or to sell in more venues, you can […]

New Hampshire

New Hampshire essentially has a two-tier system. For those wishing to sell low quantities of product at farmers markets and from home, there is very little process to get setup, and the details are listed below. For operators wanting to sell more product at any venue, they must apply for a Homestead License, which is […]

New Mexico

LAW UPDATE Since this page was last updated, New Mexico has greatly improved their cottage food law with a new bill (HB 177). As of July 1st, 2021, local governments cannot prohibit a cottage food business, so anyone in the state can now use the cottage food law. Also, the bill greatly simplifies the permitting […]

Louisiana

Louisiana’s cottage food law (Act 542) was started in 2013 and amended in 2014. The amendment (HB 1270) greatly increased the number of foods allowed, and it also increased the amount of regulations CFOs must follow. There is a sales limit of $20,000 per year. Unlike every other law, Louisiana imposes specific restrictions on preparers of breads, cakes, cookies, […]

New Hampshire Homestead

The laws for those with a Homestead License in New Hampshire are much more lenient than a homestead food operation, as they allow operators to sell at any venue with no limitation for how much they can sell.  However, there is a significant application process that will take some time.  Aside from the $225 cost, […]

Georgia

Georgia’s cottage food laws are pretty good, though it takes some effort for cottage food operators to get setup initially.  Operators must have a business license, take a training course, send in an application, and get their home inspected before they can get their cottage food license.  However, once setup, they are not limited to a […]

South Dakota Home Sales

In 2011, South Dakota created some extra legislation to extend the Home-Processed Foods Law.  This allows bakers to sell their food directly from home, and it limits yearly sales to only $5,000.  It also doesn’t allow non-baked goods, like jams and preserves, but baked goods do include candy and confections.  There is no registration required […]

South Dakota

South Dakota has fairly flexible laws, but processors that want to sell directly out of their home must follow different rules. The laws, which were established in 2010, allow the processor to sell their goods in-person at markets and events. They allow most baked goods, as well as candies and most canned goods. Each product […]

North Carolina

North Carolina is unlike any other state, in that it has a food program for home processors, yet it does not have laws in place to allow them.  Other states have specific laws in place that override the federal laws that prohibit home-based food sales, but since North Carolina has no such laws, technically their […]