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Kansas Can you legally sell food from home in Kansas?

Cottage Food Law

Kansas has a good cottage food law, even though the rules for selling food are mostly determined by the ag department.

Almost all types of nonperishable foods can be sold anywhere directly, including sales in other states. Indirect sales (via restaurants, stores, etc) are not allowed.

There are even special rules that allow limited sales of some perishable foods.

There is no sales limit nor other limitations, and producers are exempt from ag department licensing.

Selling Where can you sell homemade food products?

To sell your products in other states, you must follow additional requirements found on Page 7 of this guide.

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Allowed Foods What food products can you sell from home?

See this guide for a detailed list of allowed foods.

Certain foods require product testing in a lab before you can sell them:

  • Frostings that contain less than 65% sugar by weight
  • Frostings that contain milk
  • Baked goods that contain cheese
  • Macarons & meringue cookies
  • Homemade chocolate (other than fudge)
  • Mustards
  • Pecan pies
  • Pepper jellies
  • Low-acid fruit jams or jellies
  • Syrups containing herbs

Dried or freeze-dried produce cannot be cut before drying.

See the guide for restrictions and requirements for selling juices.

Some types of perishable foods are allowed, with restrictions:

  • You can sell ready-to-eat perishable foods & beverages (sandwiches, pizza, potato salad, brewed coffee, etc) at events up to 6 times per year without a license, as long as you follow these requirements
  • You can sell some other types of perishable foods & beverages (pickles, salsas, refrigerated noodles, etc) up to 6 days per year without a license, as long as you follow these requirements
  • You can sell whole poultry (not products made with poultry) if you raise fewer than 1,000 birds per year
  • You can sell whole rabbits (not products made with rabbit meat) if you raise fewer than 250 rabbits per year
  • You can sell whole fish and seafood, as long as it’s kept on ice

Limitations How will your home food business be restricted?

Limitations
There is no sales limit

Business What do you need to do to sell food from home?

Although you don’t need any licensing from the ag department, you might need other business requirements, which are explained in this guide.

Labeling How do you label cottage food products?

Sample Label

Chocolate Chip Cookies

Forrager Cookie Company

123 Chewy Way, Cookietown, KS 73531


Ingredients: enriched flour (wheat flour, malted barley flour, niacin, iron, thiamin mononitrate, riboflavin, folic acid), butter (cream, salt), semi-sweet chocolate (sugar, chocolate, cocoa butter, milkfat, soy lecithin, natural flavors), brown sugar, granulated sugar, eggs, vanilla extract (vanilla bean extract, alcohol, sugar), baking soda, salt (salt, calcium silicate)


NET WT 2 lb 4 oz (1.02 kg)


Resources Where can you find more information about this law?

Department
Agriculture
Contacts
Department
Department of Agriculture
Email
kda.fsl@ks.gov
Telephone
785-564-6767
About
For licensing and other general questions
Department
Kansas State University
Email
kvafl@ksu.edu
Telephone
785-532-1294
About
For product questions, including recipe approval
About
On Page 15

Some individuals have tried starting an official cottage food law in the past. You can check for updates on their Facebook page.

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Starting a cottage food business?

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Comments

I am confused about something. chocolate chip cookies are allowed but not fudge? The fudge i produce has potassium sorbate used as a mold inhibitor. I know of a couple of candymakers around the US that their State allow it. Texas for one.

Hello Tyler,
Samantha at Spice and Slice gave your name and thought that you may build website’s but she was not for sure.
If you do, and are interested please let me know, or if you know someone who does.
Had a coffee and roll at your store last week, very nice business you have.
Thank you,
Rick

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