North Carolina Can you legally sell food from home in North Carolina?

Cottage Food Law

North Carolina is unlike any other state, in that it has a food program for home processors, yet it does not have laws in place to allow them. Other states have specific laws in place that override the federal laws that prohibit home-based food sales, but since North Carolina has no such laws, technically their food program could get shut down at any time. However, they have been committed to helping educate home-based food businesses for some time, and in general, the NC Department of Agriculture is much more friendly towards such producers than most states that actually have cottage food laws.

North Carolina’s program has some restrictions and a relatively long application process, but once approved, home processors have a lot of flexibility on what, where, and how much they can sell. One significant restriction is that the processor may never allow pets in their home, even if it’s only at night. To apply, they need to create a business plan and may need to have their products tested or take an acidified foods course, depending on what they’re selling. After applying, they must get a home inspection before starting their business. Neither the application nor inspection cost anything, but some of the extra requirements do have fees that could run into the hundreds of dollars.

Once setup, the processor may sell as much as they want at any location. Almost anything that is non-perishable is allowed, but some products require lab testing before being approved.

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 Mail order Wholesale

Allowed Foods What food products can you sell from home?

Bread

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

Candy

Brittles Buttercream frosting Candies Chocolate 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

Fermented foods

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 items Crackers & Pretzels Fruit leathers Granola Kettle corn Marshmallows Nuts & seeds Popcorn Vegetable chips

Prohibited Foods

Perishable baked goods Low-acid canned 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 How will your home food business be restricted?

Limitations

Pets prohibited

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?

Home inspection

Even though the Department of Agriculture does not issue permits to home processors, they still require that each one fill out an application and get an inspection before selling any food products. Before applying, the processor must develop a business plan. This plan includes:

All of the ingredients used and their source
A plan for how food and equipment will be stored
A production flow that specifies how foods will be processed
A plan for transporting the products
A list of all locations where the goods will be sold

Acidified Foods Safety Course

If the processor produces acidified foods, like pickles, preserves, dressings, or sauces, they must take a course on safe production practices. This is usually a multi-day course and can cost anywhere from $200 to $500.

Product testing

Certain food products (especially acidified ones) must be individually tested to ensure they are safe, which costs $150 per product.

Private well testing

If the processor is using a private well, it must be tested within a year of submitting the application, which would incur an additional fee.

Labeling How do you label cottage food products?

Label Requirements

Business address Business name Ingredients Net amount Product name

Sample Label

Chocolate Chip Cookies

Forrager Cookie Company

123 Chewy Way, Cookietown, NC 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)

Some custom-made or on-demand products are exempt from labeling, but the label must be given to the buyer on request.

Workplace Are there any home kitchen requirements?

A thermometer must be kept in the refrigerator to monitor the temperature, and light bulbs in the kitchen must have protective shields or be shatter-proof.