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Utah Can you legally sell food from home in Utah?

Cottage Food 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.

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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?

Limitations
There is no sales limit

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

Business License

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?

Sample Label

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?

Law Dates
May 2018
HB 181

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Utah Forum Got questions? Join the discussion

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Comments

What is the law on shipping handmade decorative cookies outside of Utah? I know some states you can ship and some you can’t. I cannot find anywhere on the site where it talks about it. Thanks

From what I gather, I can make cookies out of my home to sell if:
1) I get a cottage license
2) food handlers permit
3) have a separate fridge for perishable items that will be used (can this fridge be kept in the garage)
4) the cooking utensils, mixer and bakeware that I use for my family can also be used for the baking of my cookies as long as they are cleaned per instructions listed. Correct?
5) if I sell them on demand no label is required. But if I sell them at a fair individually packaged, they are required, correct?
5) how long does it take usually to get approved?
6) if I am doing this as a fundraiser, can you tell me how taxes work? Thank you!

Is that right?
Also, I know the other ingredients used need to not be stored smong my family’s items. Can they just gave their own shelf? Or do they need to be completely separate?

    1) Yes
    2) Yes, plus the other items in the Business section above
    3) It can probably be in the garage, but then I think you’ll have to prevent pets from ever being in the garage or in between the garage and kitchen.
    4) It sounds like they only recommend, not require, that your utensils and supplies be kept separate from personal ones.
    5) Typically those exemptions are for items where labeling is impractical. For instance, a wedding cake (a custom item) can’t really be boxed and labeled. Also, a restaurant wouldn’t want to give their customer a boxed cupcake (an on-demand item). You’re also allowed to give customers a product, like a cupcake, from a bulk container, in which case the full packaging and labeling isn’t required — that could happen at a fair, from my interpretation. I would think that most of your products will be labeled when sold.
    6) I don’t know… you should contact Rebecca.
    7) If you are fully donating your time and money (you don’t take any money from sales), then you might be entirely exempt without going through this process. http://forrager.com/faq/#nonprofit
    8) My guess is that a separate shelf would be fine, though I don’t know for sure.

    It depends on what you are doing. If you are making items that require refrigeration or shipping your products, you need to use a commercial kitchen. I assume you are already setup as a cottage food establishment?

My fiance wants to make and sell Chinese Potstickers/Dumplings at farmers markets around Utah, but i do not see them on the list. What do we do?

I’m interested in buying a cotton candy machine so I can make cotton candy and give it away for free at a local public event, what are the laws regarding this? Do I need to be a permitted food handler, etc? It is not as a business, it would just be my family producing and giving away. I have seen people do this with popcorn, but I’m not sure about Cotton Candy… Thanks

I have 2 kitchens, one uostairs and one downstairs. I would be using the downstairs kitchen for all mixing and baking but can I use the upstairs oven for baking only so I can get the baking done faster?

    I really don’t know. Typically cottage food operations are restricted to only one kitchen, but in Utah’s case, the law doesn’t specify. You’ll have to ask Rebecca at the ag dept for a final word on this.

Im looking into selling produce from our families farm the water supple is a free flowing Artesian well ran through pvc pipe and then flood irrigated some times pump though hoses and sprinklers on the garden looking at planting most root crops potatoes, carrots, beets ext where can i find more info or can you provide the info needed? thank you for your time.

    If you are selling uncut produce, there really aren’t any restrictions on doing that. You don’t need a license from the ag dept or anything.

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