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Cottage Food Law

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 easy to get started, as no registration or permit from the health department is required.


Starting a cottage food business?


Top 10 Mistakes To Avoid When Starting A Cottage Food Business

(Some of them just might surprise you!)

Allowed Foods

Prohibited Foods

Certain items may require lab testing.

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


Sales are limited to $35,000 per year


Although no training is required, it is strongly recommended by the health department, especially for those making acidified or pickled products (canned goods).


Sample Label

Chocolate Chip Cookies

"Made in a cottage food operation that is not subject to Mississippi's food safety regulations."

Forrager Cookie Company

123 Chewy Way, Cookietown, MS 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)



Mississippi State Department of Health

Food Protection Division
Law Dates
February 2008
MCA 69-7-109
July 2013
SB 2553
July 2020
HB 326

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Starting a cottage food business?


Top 10 Mistakes To Avoid When Starting A Cottage Food Business

(Some of them just might surprise you!)


I would like to sale candy, cookies,honey buns, and so on, but I also would like to add hot dogs and nacho, is this allowed under the cottage food operation?

David, I am CFO in MS. I am interested in getting out Black Friday to my local mall and display my cakes, sell cupcakes, and possibly coffee. I looked for any statement in the law and could not find anything. Am I missing anything?

Hello I am hoping that this is still active. I am greatly confused. I live in Biloxi which has applications for home occupations but each time I speak with them they tell me that my idea is not permitted. Basically the individual states only a home office. However, when you read the ordinance it does not list any of the concepts I proposed. I proposed candle making, soap making, and baking only to be told that was considered manufacturing so it was prohibited. Again the home occupation ordinances does not list manufacturing processes as being prohibited. So my question is this, how can I legally under this law sell cabin food if the city considers everything manufacturing? All of the neighboring cities (ergo: Gulfport, D’Iberville, and the entirety of Jackson County) permit all of these small business concepts if there are no employees, direct sales from home, or disruptive deliveries. Is there something that I am unaware with this law that will bypass there outright prohibiting despite saying people can have home business…?

    I would like to correct a typo… in this sentence “However, when you read the ordinance it does not list any of the concepts I proposed. ” It does not list them as being prohibited.. It does prohibit mass production of any sort.. yet they consider making the same item mass production.. I hope this makes better sense

    I do not believe that there’s anything in the law which would prevent a city from prohibiting CFOs. However, if the local ordinance does not contain language to prohibit them, then you may have grounds to dispute their claims. I’d recommend you start by contacting the state health dept, and see if someone there can speak to someone in your city. I hope it all works out!

I have been operating under the MS cottage laws for almost a year now with no issues but I have a question. I started a Facebook page for my business when I started the business but I never post prices only pictures of my cakes, cupcakes or cookies. Is this allowed? This page is my main mode of advertising. Thank you!

    Amazingly, that’s not allowed. No other state has a restriction like that, and I honestly don’t know if it would stop me. It’s hard enough to start a small food business with modern advertising tools.
    Unless, I’m just overlooking it…
    The actual bill does not state you cannot advertise on line. It prohibits selling over the internet. Selling and advertising are two completely different things. I am very confused regarding this matter. The question and answer sheet states no advertising, but that is NOT what the actual bill states. I wonder if the MS state question and answer sheet is just someone’s interpretation of the bill…

    Sorry, I last researched this law over two years ago. I can now see that they updated their FAQ page just over a year ago to clarify the wording about advertising. Now the FAQ page matches the wording in the law, which says you cannot “sell or offer for sale” online. Therefore, it appears that they are no longer prohibiting online advertising for cottage food businesses, so I have removed that information from this page.

I was wondering if I could sell duros. If you’re wondering…they are dried pasta wheels that you fry in oil. Bought at Mexican markets.

There was a bakery business that opened a store front. They closed their store in town and are now making bakery products from their home in their subdivision. They still use their store front sign as their facebook page but have changed their address to their home address. The sign even says …bakery & café. They display pictures all the time with their phone number and pricing. They even have a picture of their dog and said they were making special dog biscuits and their dog was waiting by the oven for them to come out. Is all of this legal under the MS Cottage Laws? Advertising everyday on facebook and really, you can have a dog in the same kitchen where you make peoples cakes and products for consumption? Where is the liability here? Where do you call to turn this in if it is illegal? I noticed there is a cap of $20,000 in sales. Do they turn in receipts? We’ve heard home bakers say they only take cash. How is this monitored? Where is there accountability on this?

    David, thank you for the reply to 1 of my questions – I had 7 questions. If you would please address all of my concerns or let me know who I can contact to get them addressed. I was also wondering about the labeling requirements that are clearly stated in the law. It is pretty clear and simple what the Cottage Law says about the labeling requirements of products sold from a home business, but those labels are also not on the products sold by any home baker that I have seen. Is this also my responsibility to go to the home baker’s and discuss this with them? I thought this was a law — thus, “Cottage Law” but how can words be a law with no enforcement?? Are the Cottage Law operations at least required to “Register” with anyone who is enforcing the laws? And many of them do advertise blatantly on Facebook to the extent of giving sizes and prices to customers, even though Mississippi doesn’t allow cottage food operations to advertise online. They also decorate and sell copyrighted characters that they make illegally. I’m very confused as to what is right and what is wrong. It seems pretty clear as to what are the right things to do as explained in the “LAW”, but it seems that the LAW doesn’t matter. Can I break the law like many others are? Who will come to me if I’m turned in and who will I be turned in to? Please help me to understand.

    Registration is not required and labeling is required on all sold products. The health or ag dept is supposed to be enforcing the laws, but they usually have a lot on their plates. That’s why you talking with the individual is usually the biggest help. I could drop you anywhere in the country and you’d find this kind of illegal activity going on… regulating it will keep you very busy if that’s your priority. Typically the concern for operating illegally is litigation from a health issue, since you have no legal ground to stand on if you get sued.