Pennsylvania Can you legally sell food from home in Pennsylvania?

Cottage Food Law

Pennsylvania is a bit different than other states in that it doesn’t have laws specific to cottage food operations, but the Department of Agriculture simply allows “limited food establishments” that meet specific guidelines. The application process is lengthy, but limited food establishments have a lot of flexibility once they’re setup.

Unlike other states, in Pennsylvania, there are many similarities between the registration process for limited food establishments and other food processors. The fee to register is only $35, but the startup costs could be greater since certain types of products require lab testing. The establishment must also create a business plan and get their home inspected before getting approved. One notable restriction is that pets are not ever allowed in the parts of the home where the establishment operates.

Once they’re registered, establishments have a lot of freedom in running their business. Pennsylvania allows more types of food than most states, and it is the only state to allow meat jerky to be produced from the home. Establishments can sell anywhere they want (including interstate), and there is no limit on the amount they can sell.

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

Mail order

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

Carbonated drinks Fermented foods Juices Kombucha Meat jerkies

Pastries

Churros Cones 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 Vegetable chips

Prohibited Foods

Perishable baked goods Low-acid canned foods

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

Certain items require lab testing (mostly canned foods and drinks) — check the application for more details. Chocolate-covered fruits may only be sold if the fruit has a pH of 4.6 or below (like strawberries or apples). There are special rules and guidelines for producing honey.

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

Children restricted No domestic activity Pets prohibited

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

There is no sales limit

Pets are ONLY allowed in your home if you can completely prevent them from accessing the parts of it where you operate your business. You cannot carry any ingredients or products through an area that pets can access, and your kitchen, storage, and prep areas must be completely shut off from them. If you can’t guarantee that your pets will be precluded from those parts of your home, then you can’t run a limited food establishment. Caged pets (birds, snakes, etc.) that are kept away from the kitchen are allowed.

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

Registration

To get registered, establishments must submit an application, which asks for all the types of food products that will be produced by the business. Before registering, certain products must be tested in a lab to determine their safety when left at room temperature, like jams, jellies, preserves, salsa, hot sauces, and other questionable items. In addition to testing, the establishment must also document formulas and procedures for these products, and in some cases, also include a process flow with the application. In addition to that, all limited food establishments must complete a “plan review application”. This is a written plan that includes many details about the business:

Who supplies each ingredient
How equipment and food will be stored
What equipment will be used while producing the products
What methods will be used when producing the foods, including packaging
How the products will be transported
What venues will be used for selling the products
Where the goods will be sold (a list of specific locations)

Beyond the plan review, the application requires a number of other pieces of information about the business, like number of employees, working hours, tax documentation, and product labels.

Home inspection

After the application is submitted, an official will schedule a home inspection. Once approved, a registration fee of $35 (renewed annually) is due and the establishment can start their business.

Private well testing

If the kitchen’s water supply comes from a private well, it must be tested annually, which would incur an extra fee.

The approval process could take up to 60 days to complete.

Labeling How do you label cottage food products?

Label Requirements

Allergens Business address Business name Ingredients Net amount Product name

Sample Label

Chocolate Chip Cookies

Forrager Cookie Company

123 Chewy Way, Cookietown, PA 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)

Nutritional info is necessary when shipping interstate, or when making health claims on the label (e.g. low fat, sugar free, etc). Some bakery items do not require labeling, but it must be available to the consumer if requested. Some items like this would be unpackaged items, like wedding cakes, or products sold to a restaurant and consumed on their premises. If your acidified food or drink product has a final pH level at or above 4.0, then every batch must be checked with a pH meter. Also, a log must be kept of production date, batch number, pH level, and corrective actions taken to adjust the pH level. If your acidified product has a pH level below 4.0, then you must check the pH level at least four times throughout the year. If your acidified product has a pH level above 4.4, then you need to get special approval from a Process Authority. Check the application for more details.