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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.

Starting a cottage food business?


How To Start A Cottage Food Business

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?

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?

Agriculture and Food
Law Dates
May 2018
HB 181

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Starting a cottage food business?


How To Start A Cottage Food Business

Utah Forum Got questions? Join the discussion

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I am a partner in a business in Utah based on the cottage food program, can i sell our product ( old fashion hard taffy) out of the state if its only to individual people (retail) sells? as long as they know that i am part of cottage food and that i make it in my home.

Would pretzels fall under this law or would I need a commercial kitchen?
I would like to start off selling from home, then expand to a storefront later on.
What qualifies as a commercial kitchen?

    Yes, pretzels are allowed under this law. A commercial kitchen has to adhere to dozens of standards that a home kitchen does not, including getting inspected continually by the health dept. They are in every restaurant in your area.

    Honey is not listed as an allowed item in this law, so I assume that you need to follow a different law to produce and sell it. Try contacting the ag dept to learn about the laws for selling honey.

I am wanting to just teach a few neighborhood kids how to bake cookies and a few other basic things in my home. I don’t want to sell anything, what license do I need if any?

    Are you trying to sell the lessons? I don’t know about Utah specifically, but I know that some states don’t require any permit as long as the students make the items themselves and consume only their own items. My guess is that you won’t need a permit if you’re not going to receive any money for teaching the kids, but you can check with the health dept.

What requirements do I need to abide by if I want to sell shaved ice at a community yard sale on private owned land? Also, some of my neighbors want to sell baked goods at this event. Do they need food handlers permits? Are they alright to sell what is on the approved list if they provide ingredients?

    Technically, all of you need permits to sell food to the public for profit, but the law is often ignored for yard sales like these. Your neighbors could use the cottage food law above (which is a pretty lengthy application process), and you would need to get a different permits (likely even more complicated). In the eyes of the health dept, baked goods are a fairly low risk item and not one that they would likely be too concerned about for a one-time yard sale (although they probably can’t admit that, if asked). They would probably be much more concerned about the shaved ice.

I linked to this page from the Provo Farmer’s Market page, which says that food artisan vendors can prepare their food at commercial kitchens. But then on this site, it says that commercial kitchens cannot be used to prepare food for sale. ? Which is correct?

    This one is probably correct. That info comes directly from the cottage food law, which states: ‘”Cottage food production operation” means a person, who in the person’s home, produces a food product…’

    But although that’s what’s written into the law, that doesn’t mean it’s common practice.

    My guess is that the farmers market page was referring to both cottage food and commercial vendors as “food artisans”, in contrast to a farmer/grower/producer. I don’t think they were suggesting that all food artisans can use a commercial kitchen.

Do you know the rules on frosting? It says that buttercreams are borderline for being non-perishable. What kind of frosting are you aloud to use?

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