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Kansas Can you legally sell food from home in Kansas?

Cottage Food Law

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 does allow most non-potentially hazardous foods to be sold at farmers markets and events, without needing a license from them. There are very few requirements to adhere to, and there is no sales limit, but products cannot be sold in food establishments, like retail stores and restaurants. All sales must be direct (in-person), and it is not clear if a producer can sell from their home or online.

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

Selling Where can you sell homemade food products?

All sales must be fulfilled in-person, but it’s unclear as to whether items can be sold online or from a home.

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Allowed Foods What food products can you sell from home?

Chocolate candies are not allowed.

Fruit jams, jellies, and other canned fruits are the only types of home-canned products that are allowed. Pepper jams and jellies are not allowed, unless they are created with pepper-flavored vinegar or pepper powder. Low-sugar and no-sugar-added jams and jellies must be tested, and they are likely not allowed.

Producers with 250 hens or less can sell whole, ungraded eggs, which must be kept cooled under 45°F. Producers with 50 hens or less do not need to maintain eggs at that temperature, but it’s strongly recommended.

Some types of potentially hazardous food, like sandwiches, pizzas, potato salad, etc. can be sold up to six times per year without needing a license from the Department of Agriculture. These items must be pre-packaged at home and sold ready-to-eat.

Only "non-potentially hazardous" foods are allowed, but certain non-PHFs may not be allowed. Most foods that don't need to be refrigerated (foods without meat, cheese, etc.) are considered non-potentially hazardous. Learn more

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?

Retail Sales Tax Certificate

Although some products may be exempt from sales tax, every vendor needs to obtain a Retail Sales Tax certificate from the Department of Revenue.

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)


If juices are not pasteurized, they must be labeled with this statement: “WARNING: This product has not been pasteurized and, therefore, may contain harmful bacteria that can cause serious illness in children, the elderly, and persons with weakened immune systems.”

Resources Where can you find more information about this law?

Contacts
Department
Department of Agriculture
Email
fsl@kda.ks.gov
Telephone
785-564-6767
About
For licensing and other general questions
Department
Kansas State University
Email
kvafl@ksu.edu
Telephone
785-532-1668
About
For product questions, including recipe approval
Email
tac@kdor.ks.gov
Telephone
785-368-8222
About
For sales tax questions

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Starting a cottage food business?

TAKE THE FREE MINI COURSE

How To Start 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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