Utah Can you legally sell food from home in Utah?
Cottage Food Law
As of May 5th, 2021, Utah passed a new bill (HB 94) which allows producers to run mini restaurants from their home. It is similar to California’s MEHKO law.
Utah has two laws that allow for the sale of homemade food. This page is for Utah’s food freedom law, also known as the Home Consumption and Homemade Food Act (HB 181), which became law in 2018. Utah also has a cottage food law, which allows sales at more venues.
Utah’s law closely follows the food freedom law in neighboring Wyoming, but it has more restrictions. The main additional restriction is that while Wyoming residents can sell directly to a consumer anywhere in their state, Utah residents can only sell from home, at special farmers markets, and other “locations agreed upon” by the producer and consumer. Therefore, sales at festivals, events, and roadside stands would likely not be allowed.
Otherwise, Utah’s law is quite generous. Producers can sell almost any type of food, excluding raw milk and some items that include meat. Utah and Wyoming are the only two states that allow such an extensive array of food items.
Also, the law exempts producers from any kind of licensing or government oversight (aside from needing to get a general business license, in some areas). Producers do not need to get inspected, there is no sales limit, and the labeling requirements are very minimal.
Most producers will use this law, but those who want to sell at events, retail stores, and roadside stands can do so by using the older cottage food law, which is much more complicated and expensive to setup.
Selling Where can you sell homemade food products?
You cannot sell at regular farmers markets, unless it has a separate section for homemade food vendors. You can sell also sell at “direct-to-sale farmers markets”, which are markets that only have homemade food vendors.
The law states that you can only sell at “a farm, ranch, direct-to-sale farmers market, home, office, or any location agreed upon by both a producer and the informed final consumer”. Therefore, selling at other direct venues, like festivals, events, and roadside stands, is likely not allowed, because there is no prior agreement between you and the consumer.
Allowed Foods What food products can you sell from home?
Almost all foods are allowed, except these prohibited foods:
- Raw dairy or raw dairy products
- Most meat products
Although most meat products are prohibited, these are allowed:
- Poultry and poultry products, if you slaughter no more than 1,000 birds per year
- Domesticated rabbit meat
If you sell poultry or poultry products, you must follow the USDA’s document titled “Guidance for Determining Whether A Poultry Slaughter or Processing Operation is Exempt from Inspection Requirements of the Poultry Products Inspection Act“.
Limitations How will your home food business be restricted?
Business What do you need to do to sell food from home?
Check with your county to see if you need to get a general business license.
The law exempts you “from state, county, or city licensing, permitting, certification, inspection, packaging, and (most) labeling requirements”.
Labeling How do you label cottage food products?
This product is not for resale and was processed and prepared without state or local inspection
Forrager Cookie Company
123 Chewy Way, Cookietown, UT 73531
Contains: milk, eggs, wheat, soy
In addition to the label requirements, you must “inform the final consumer that the food or food product is not certified, licensed, regulated, or inspected by the state or any county or city”.
In addition to disclosing allergens on the products that contain them, you also need to include a statement saying that your products were produced in a location that handles common allergens, including milk, soy, wheat, eggs, peanuts, tree nuts, fish, or shellfish.
Resources Where can you find more information about this law?
- May 2018
- HB 181
My wife wants to sell full service (eg. completely customizable) cakes and other baked good from our home. Products will be prepared for each order (eg. no pre-made product). As such there is no “batch” to speak of nor an extra sample from each batch to store for up to 14 days.
My wife is famous for her Swiss meringue buttercream. Egg whites and sugar are whisked together in a bain marie to a certain temperature (43 C) before being whipped and incorporating butter. Swiss meringue is shelf stable for 2 days, fridge stable for a week, or freezer safe for up to 6 months. Would this be allowed under current law?
Under the Utah Cottage Law, can I make dough at my home and then transport it to a local event for frying? Such as scones, churros, funnel cake. Can. Store the dough in my refrigerator?
Where do you find the requirement that you can’t use a commercial kitchen? We would like to use our house but for larger catering events we would like to rent a commercial kitchen to handle the volume of desserts. What do you think?
Would this law cover me for herbal remedies? Example tea, tinctures, or encapsulated dried and powder herbs?