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Cross-State Boundary Issue

This topic contains 7 replies, has 1 voice, and was last updated by  David Crabill 9 years, 1 month ago.

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    I’m considering starting a small cottage food operation for sales at farmers’ markets. My state, where the products will be produced, has rather restrictive laws that prohibit some of the items I’d like to offer for sale. However, I live very close to a state line and the neighboring state’s laws are not as restrictive. Does anybody know which state’s laws apply, the state in which the product is made or the state in which it’s sold? Thanks in advance for any help on this matter.


    David Crabill

    You need to use the cottage food law of the state where you live, and usually cottage food laws prevent you from selling in other states.



    I live 20 miles south of the Oregon border, in California. I was told, in no uncertain terms, that I can NOT sell in Oregon. Oregon has it’s own set of cottage food laws, and I believe, tougher than those in California. So even though there are venues that I would LOVE to participate in, I can’t legally do it.


    David Crabill

    Right, you definitely can’t sell in Oregon and you also can’t produce goods in a kitchen there to try to bypass the law, since Oregon is not where you primarily live. To sell in Oregon you will need a commercial license:



    I have a friend who makes fudge out of a commercial kitchen in Colorado and sells it in a commercial store. She also sells her product wholesale to distributors for resale. Can I sell her product in Oregon?


    David Crabill

    Jan, although your friend’s fudge should be able to be sold in Oregon, I’m not sure what the licensing requirements are for a distributor. Try contacting your health dept.



    Is there a list of states that allow cottage foods from another state to be sold in them? I am thinking of moving to Pennsylvania to start my cottage food operation and wonder what other states I could sell to since PA allows cross-state sales.


    David Crabill

    Most states wouldn’t allow homemade foods from another state, but I know that NH does. Beyond that, I’m really not sure. Smaller, more rural states would be more likely to allow those sales (but maybe none of them do), and most of the big states (WA, CA, TX, FL, NY) would definitely not allow those sales.

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