New Hampshire Occasional Food Can you legally sell food from home in New Hampshire?

Cottage Food Law

Although New Hampshire has a homestead food law that accommodates many types of home food businesses, they have a special allowance for those who sell from home occasionally.

A producer is considered an “occasional food service establishment” if they sell for no more than 4 days in a 28-day period (once per week), AND if they only sell from home.

An occasional food service establishment cannot deliver products, cannot sell outside their home, and cannot sell more than an average of one day per week.

However, those are the ONLY restrictions for these businesses. They can sell ANY type of food (including perishable foods) and they can sell as much as they want. There are no labeling requirements, licensing requirements, or product requirements.

This law allows someone to operate a take-out restaurant from their home for one day per week without needing a license.

Table of Contents

Selling Allowed Foods Limitations Resources Forum

Selling Where can you sell homemade food products?

Events Farmers markets Restaurants Retail stores Roadside stands

Prohibited Services

Catering Delivery Mail order Wholesale

Customers must come to your home to get your products. The law does not state whether or not you can do pre-orders before pickup.

You can only sell products for 4 days in a 28-day period (once per week).

If you want to sell more often, offer delivery, and/or sell at more venues, you can become a homestead food operation.

Allowed Foods What food products can you sell from home?

Candy

Brittles Buttercream frosting Candies Chocolate Confections with alcohol Cotton candy Fudge Truffles

Condiments

Honey Ketchup Mustards Nut butters Oils Pickles Salsas Sauces Syrups Vinegars

Dry goods

Cereals Coffee beans Dried fruit Dried vegetables Herbs Mixes Pasta noodles Spices & Seasonings Tea leaves

Other

Carbonated drinks Extracts Fermented foods Frozen produce Hardboiled whole eggs Juices Kombucha Meat jerkies

Pastries

Churros Cones Danish Empanadas & Tamales Other Pastries Pies

Preserves

Acidified foods Applesauce Chutneys Fruit butters Jams & jellies Low-acid canned foods Marmalades Other Preserves

Snacks

Candied apples Caramel corn Chocolate-covered fruit Chocolate-covered items Crackers & Pretzels Fruit leathers Granola Kettle corn Marshmallows Nuts & seeds Popcorn Vegetable chips

Prohibited Foods

Pet food

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

You can sell ANY type of food with this law. There are no restrictions on what you can sell.

However, you can only sell products for 4 days in a 28-day period (once per week).

If you want to sell more often, you can become a homestead food operation.

Limitations How will your home food business be restricted?

Limitations

Commercial kitchen prohibited Direct sales only Interstate sales prohibited Sales limit

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

Sales are limited to 4 days per month

You can only sell products for 4 days in a 28-day period (an average of once per week). However, you can sell as much as you want on the days that you do sell.

If you want to sell more often, you can become a homestead food operation.