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

Cottage Food Law

New Hampshire has a two-tier system for “homestead food operations”: unlicensed and licensed.

Unlicensed operators can sell homemade food at farmers markets, from home, or at their own farm stand.

Operators who get a Homestead License can sell at almost any sales venue, including wholesale, selling online, and shipping products.

The other requirements are the same for both types of operators. All homestead food operations can sell most types of non-perishable foods, and there is no limit for how much an operator can sell.

Producers who only sell from home occasionally can bypass these requirements by using the law for occasional food service establishments.

Table of Contents

Selling Allowed Foods Limitations Business Labeling Workplace Resources Forum

Selling Where can you sell homemade food products?

Allowed Venues

Events Farmers markets Home Online Restaurants Retail stores Roadside stands

Allowed Services

Delivery Home Pickup Mail order Wholesale

Prohibited Services

Catering

If you do not get a Homestead License, you can only sell at farmers markets, from home, and at your own farm stand.

You must get a Homestead license to sell your products online, ship them, sell wholesale through stores, and sell at most types of events.

If you only sell from home for no more than one day per week, you should use the law for occasional food service establishments.

Allowed Foods What food products can you sell from home?

Bread

Bagels Breads Brownies Cake pops Cakes Cookies Cupcakes Donuts Macarons Muffins & Biscuits Rolls Scones Sweet breads Tortillas Wedding cakes

Candy

Brittles Buttercream frosting Candies Chocolate Cotton candy Fudge Truffles

Condiments

Ketchup Mustards Nut butters Oils Pickles Salsas Sauces Vinegars

Dry goods

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

Pastries

Churros Cones Danish Empanadas & Tamales Other Pastries Pies

Preserves

Acidified foods Applesauce Chutneys Fruit butters Jams & jellies 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

Prohibited Foods

Low-acid canned foods Fermented foods Honey Pet food Meat jerkies

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

The following items are allowed, but need to be tested by a food processing authority before you can sell them:

Jams & jellies, if you are not using a recipe that has been approved by the National Center for Home Food Preservation
Acidified foods (salsas, hot sauces, etc)
Fruit butters (except for pumpkin butter, which is not allowed)
Moist sweet breads (banana bread, zucchini bread, etc)

You can sell freeze dried foods (fruits, vegetables, & commercially prepared dairy products) if you: 1) have a Homestead License, and 2) only sell them from your home, at your own farm stand, or at retail food stores.

Homemade honey & maple syrup production is not allowed under this law, since it’s regulated by the ag department. If you want to produce honey or maple syrup, you should contact the ag department.

If you fall within the limitations of an occasional food service establishment, you can sell any type of food without needing a license.

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

Commercial kitchen prohibited Interstate sales prohibited Perishable foods prohibited Primary residence

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

There is no sales limit

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

No License

You do not need to get a license from the health department in order to start your food business.

If you choose to be an unlicensed homestead food operation, you cannot sell your products online, ship them, sell wholesale through stores, or sell at most types of events.

Although you don’t need a license from the health department, there may be other local requirements for your business, such as getting a business license.

Product Testing

If you sell certain food items (like non-standard jams and jellies, sweet breads, or other jarred goods), you must get them tested by a food processing authority.

Homestead License

If you want to sell at venues other than farmers markets, your home, or your own farm stand, you must apply for a Homestead License.

An annual license is $150.

There are a few requirements to apply, which are listed below.

Product List

If you apply for a Homestead License, you must list out every product that you plan to sell.

Product Labels

If you apply for a Homestead License, you must provide a sample label of every product that you plan to sell.

Private Water Source

If you apply for a Homestead License and your home uses a private water source (like a well), you must get it inspected.

Labeling How do you label cottage food products?

Label Requirements

Allergens Business name Email address Ingredients Net amount Phone number Product name Statement

Sample Label

Chocolate Chip Cookies

"This product is made in a residential kitchen licensed by the New Hampshire Department of Health and Human Services" (10-point type)

Forrager Cookie Company

Phone: (123) 456-7890

Email: cookies@forrager.com

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)

If you do NOT have a Homestead License:

You must put a different disclaimer statement on your labels: “This product is exempt from New Hampshire licensing and inspection.” (10-point type)
You must include a product code which identifies the product with a batch number (can be a “baked on” date)
You do not need to put the “Net amount” on your labels
If you are selling from home or at a farm stand, you can use a QR code or a website for the ingredient information. The QR code or website on your label would need to link to the ingredient info, and you would also need to list the ingredients on a physical sign at the point of sale.

If you have a Homestead License:

You must include a product code on your labels, which includes date of manufacture, container size, and product lot or batch number (can be a “baked on” date)

If you don’t want to put an email address on your labels, you can include your home address instead.