Massachusetts

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 to start a home food business in MA than it is in other states. However, there are fewer restrictions: there is no sales limit, and owners of residential kitchens can sell at any venue within the state.

Like most cottage food laws, the allowed foods are limited to non-perishable items, but most non-PHFs are allowed. Before getting started, a residential kitchen needs to get inspected and permitted by a local board of health, and some regions may require food safety training as well. Only members of the residential kitchen’s household can help with food preparation.

Selling

Allowed Venues

Events Farmers markets Home Online Restaurants Retail stores Roadside stands

Allowed Foods

Prohibited Foods

Perishable baked goods Pickles Sauces Fermented foods

There are probably more prohibited foods, but the ones above have been confirmed

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

Commercial kitchen prohibited Employees restricted Interstate sales prohibited Pets restricted

There may be more limitations, but the ones above have been confirmed

There is no sales limit

Only members of the household may help with preparation of the food.

Business

Residential Kitchen Permit

You must apply for a permit from your local board of health. While the fees vary from one region to another, an annual permit is typically around $50 – $100.

Home Inspection

Before your permit application is approved, your kitchen must get inspected by a health official. The kitchen requirements are specified on page 3587 of the law.

Food Safety Course

Some regions require food safety training, such as the $125 ServSafe Manager Course or something equivalent.

Allergen Training Course

If you have to take a food safety course, you’ll also likely need to complete a $10 allergen training course.

Private Well Testing

If your water comes from a private source, it must get tested, which would incur extra fees.

Private Sewer Inspection

If you use a private sewage system, it must get inspected, which would incur extra fees.

Labeling

Label Requirements

Allergens Business address Business name Ingredients Net amount Product name

Sample Label

Chocolate Chip Cookies

Forrager Cookie Company

123 Chewy Way, Cookietown, MA 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)

Contains: milk, eggs, wheat, soy

NET WT 2 lb 4 oz (1.02 kg)