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Virginia

Virginia allows producers to start a food business from home without getting licensed or inspected, but it comes with some restrictions. If you want to have fewer restrictions (make more types of food, sell at more locations, etc), you can apply to be a home food processing operation, which requires a home kitchen inspection and… [read more]

Nevada Craft Food Operation

In 2015, Nevada passed the “pickle bill” (SB 441), allowing homemade acidified foods to be sold. This law permits individuals to prepare and sell these foods from their homes, or from approved locations like social clubs, schools, or nonprofits. Sales are capped at $35,000 per year.

Pennsylvania

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… [read more]

Minnesota SF 4500

Would have exempted producers from needing a handwashing sink when providing pre-packaged samples.

Minnesota SF 3958

Would have exempted cottage food products from being taxed by the state.

Mississippi SB 2638

Would have increased the annual sales limit from $35,000 to $50,000. Would have expanded the allowed foods to include acidified foods and fried pies. Would have added a lot of clarification on the requirements for producers.

Arizona – HB 2864

Was trying to allow the sale of freeze-dried fruits and vegetables, but HB 2042 passed instead, making this bill no longer needed.

Hawaii HB 2144

Will allow pickled, acidified, and fermented foods. Will allow indirect sales through stores as well as online sales and shipping.

Hawaii – SB 2106

Similar to HB 2144. Would have created a law for Hawaii’s existing cottage food rules.  Would have allowed direct, online, and indirect sales of all nonperishable foods.  Would have allowed producers to sell dried, freeze-dried, acidified, fermented, and low-acid foods in certain cases. Would have required producers to register with the health department. Would have… [read more]

Virginia HB 759

Allows direct sales at all in-person events. Increases the sales cap for acidified foods from $3,000 to $9,000. Does not require small products to be individually labeled. Clarifies that online advertising is allowed.

Washington SB 5107

Would have increased the annual sales limit from $35,000 to $50,000. Would have increased the sales limit every 2 years to account for inflation, instead of every 4 years.

Massachusetts H 758

Similar to H 915. Would allow producers to sell nonperishable products directly to consumers within the state, without needing a license or permit from the health department.

Michigan HB 5024

Would allow online sales and in-state shipping if the customer can interact with the producer face-to-face (in-person or virtually). Would allow a producer to use a registration number instead of their home address on labels. Would increase the annual sales limit from $25,000 to $43,000. Would increase the sales limit each year to account for… [read more]

Illinois SB 2617

Will allow producers in the two counties without a health department to sell legally. Will allow cottage food operators to sell through “mobile farmers markets”. Clarifies that cottage food operators can sell both extracts and baked goods containing alcohol.

Illinois HB 4121

Would allow interstate sales. Would potentially allow indirect sales in some counties.

Nebraska LB 262

Allows all non-perishable foods and many types of perishable foods. Adds a label requirement for perishable foods. Clarifies that perishable foods cannot be shipped. Prohibits local governments from imposing restrictions on producers. Clarifies that farmers market sellers are only exempt from registration if they only sell non-perishable foods. Clarifies that products must be made in… [read more]

Georgia HB 583

Would have been a significant improvement to their cottage food law. Would have allowed indirect sales of products. Would have removed the requirement to get a kitchen inspection. Might have removed the requirement to get a cottage food license and take a food safety course. Would have allowed a producer to avoid putting their home… [read more]

Delaware 27 DE Reg. 432

Removes the sales limit (previously $25k/year). Removes the home address requirement on labels. Potentially restricts the types of baked goods that are allowed.

Michigan HB 4461

Would have increased the sales limit from $25,000 to $55,000 per year. 

Michigan HB 4333

Would have increased the annual sales limit from $25,000 to $40,000

Massachusetts H 915

Similar to H 758. Would have allowed producers to sell nonperishable products directly to consumers within the state, without needing a license or permit from the health department.

Texas SB 331

Would have removed the home address label requirement, requiring producers to list their zip code and phone number on labels instead.

Texas SB 328

Would have allowed indirect sales of products at stores, restaurants, etc.

Minnesota SF 1563

Would have increased the sales limit from $78,000 to $85,000. Would have increased the exemption limit from $5,000 to $8,500.

Texas SB 829

Would have been a massive improvement to their cottage food law. Would have allowed certain indirect sales through stores, restaurants, and at farmers markets and farm stands. Would have increased the sales limit to $100,000 per year. Would have allowed certain perishable baked goods (e.g. cheesecake). Would have removed the home address requirement. Would have… [read more]

Washington HB 1500

Increases the sales limit from $25,000 to $35,000 per year. Increases the sales limit every four years to account for inflation. Requires producers to renew their permit every two years, instead of annually.

Oregon SB 643

Raises the sales limit from $20,000 to $50,000. Greatly expands the types of products producers can sell. Allows online sales & shipping of products. Allows certain indirect sales to retail stores. Removes the home address labeling requirement. Allows domestic kitchens to have pets in the home, with restrictions & a labeling requirement.

California SB 972

Would remove the sales limits for both the cottage food and MEHKO laws. Would also remove the production limits for MEHKOs. Would also allow mobile food facilities to operate under the MEHKO law.

South Dakota HB 1322

Allows all nonperishable foods. Allows home canned goods, fermented foods, and some perishable foods (baked goods, sauces, frozen fruit), if certain requirements are met.

Michigan HB 5704

Would allow products to be sold online and be shipped. Would also allow products to be sold in food service establishments. Would also remove the $25k sales limit. Allows a producer to use a registration number on labels instead of their name and home address.

Rhode Island H 7123

Creates a new law to allow anyone (not just farmers) to register as a “cottage food manufacturer” and sell up to $50k of nonperishable baked goods per year. Allows manufacturers to sell directly anywhere within the state, including selling online and shipping products within the state. Rhode Island becomes the last state to allow all… [read more]

Michigan HB 5671

Would have allowed products to be sold online and be shipped. Would have increased sales limit from $25k to $100k.

Indiana HB 1149

Greatly expands the cottage food law by allowing all direct sales of almost all nonperishable foods (except acidified canned goods), including online sales and in-state shipping.

South Carolina S 506

Allows the sale of all nonperishable foods, instead of just “candy and baked goods”. Allows online sales and indirect sales at retail/grocery stores. Allows products to be shipped. Allows producers to replace their home address with an ID on product labels. Increases full exemption limit from $500 to $1,500.

Massachusetts H 862

Similar to H 465. Would allow producers to sell nonperishable products directly to consumers within the state, without needing a license or permit from the health department.

Massachusetts H 465

Similar to H 862. Would allow producers to sell nonperishable products directly to consumers within the state, without needing a license or permit from the health department.

Missouri HB 1697

Allows online sales and in-state shipping for sales of baked goods, jams, jellies, & herbs. Removes the $50k sales limit.

Illinois Public Act 102-0633 (SB 2007)

Massive amendment which allows all direct sales venues (including in-state shipping), adds restrictions for riskier food items, and adds a paid registration process

California AB 831

Requires CFOs to include key labeling info on public advertisements.

New Jersey 53 N.J.R. 1711(a)

Initial law that allows most nonperishable foods to be sold directly within the state, and sets a $50k sales limit

Minnesota SF 958

Increased the sales limit to $78,000, increased the exemption sales limit to keep up with inflation, allowed producers to set up their businesses as LLCs, allowed some types of pet treats

Alabama SB 160

Huge improvement which allows most non-perishable foods, removed the sales limit, and allows online sales and in-state shipping

New Mexico HB 177

The Homemade Food Act, which greatly improved New Mexico’s cottage food law. It allows direct sales within the state of most non-perishable foods, with no sales limit. This law also prevents cities (like Albuquerque) from restricting these businesses.

Florida HB 663

The “Home Sweet Home Act” allowed shipping, increased the sales limit to $250k, and allowed cottage food businesses to be setup as an LLC or corporation

Florida HB 403

Prevented local governments from restricting or prohibiting home-based businesses

Indiana SB 185

Didn’t change the law, but created a working group to discuss ways to improve the cottage food law in the future

Rhode Island H 5758

Tried to allow anyone (not just farmers) to sell homemade food products, as well as expand sales venues and allowable products

California AB 1144

Allows CFOs to ship and fulfill orders with a 3rd party delivery service. Also increases the sales limit to $75k for Class A CFOs, and $150k for Class B CFOs. Also specifies that the sales limit can increase annually to adjust for inflation. Also removes the requirement that Class B CFOs need special permission to… [read more]

Alabama HB 12

A simple bill that aimed to add roasted coffee and gluten-free baking mixes to the list of allowed foods. With SB 160 passing, these foods (and many others) became allowed.

New York Rule Change 2021

Improved the cottage food law by updating administrative rules. Allows home processors to sell indirectly through restaurants, retail stores, and other wholesale venues.

Nebraska – Lincoln Ordinance & Lawsuit

Lincoln changed their ordinance to make it much easier to start a cottage food business. This ordinance change was in response to a lawsuit from the Institute for Justice.

New York Rule Change

Allowed indirect sales (through retail stores, restaurants, etc) and removed restrictions on custom-ordered products (wedding cakes, birthday cakes, custom cookies, etc)

South Dakota HB 1125

Removed the $5k sales limit for sales at home, and allowed the producer or someone living with them to deliver products. Specified that the producer’s physical address, mailing address, and phone number must be on labels.

Kentucky 902 KAR 45:090

These rules from the health department clarified which foods are allowed, required allergen info on labels, set a registration fee ($50), and added a number of workplace requirements for a home-based processor to follow.

Delaware 23 DE Reg. 52

Requires allergens on labels. Specifies that registrations must always be renewed on April 1st of each year.

Kentucky HB 468

This amendment allowed more types of food products (dried herbs, spices, nuts, candy, dried grains) and gave the health department authority to modify the allowed foods list. It also set a $60,000 sales limit, and required home-based processors to register with the health department.

Kentucky HB 468

This amendment gave the health department authority to modify the allowed foods list, and also increased the sales limit to $60,000.

Nebraska LB 304

Allows sales from home, at public events, and via mail order. Requires producers to get registered and take a food safety course, unless they only sell at farmers markets. Adds labeling requirements.

Arizona SB 1022

Allows more types of nonperishable food products. Removes the home address labeling requirement. Requires food safety training for all producers. Requires producers to renew their registration every 3 years.

Kentucky HB 263

This amendment changed the law for home-based processors so that it could be used by anyone (not just farmers), and allowed all direct sales, including online sales (not just sales from farms, farmers markets, and roadside stands).

New York Rule Change

Allowed sales from home and online, including in-state shipping, and expanded the list of allowed products

Oklahoma SB 508

Expanded sales venues to farmers markets as well as from the home, and allowed delivery of products to the customer

Florida HB 1233

Increased the sales limit to $50k and allowed online sales, as long as they were delivered in-person

Tennessee SB 1187

Simplified Tennessee’s cottage food laws by allowing all direct sales within the state of any type of nonperishable food (except acidified foods). Removed the potential for a producer to sell homemade food indirectly.

Iowa SF 2273

Increased sales limit to $35k; changed name from “home food establishments” to “home bakeries”

Delaware 20 DE Reg. 176

Creates rules to allow cottage food establishments. Allows certain non-perishable baked goods, candy, jams, jellies, and other fruit preserves. Allows sales from home and at farmers markets, events, and roadside stands. Limits sales to $25,000 per year. Requires producers to get registered, get a kitchen inspection, and renew their registration annually.

Missouri SB 525

Initial cottage food law for sales from home. Allowed up to $50k per year of sales of baked goods, jams, jellies, & herbs.

Alabama SB 159

First dedicated cottage food law, which allowed direct sales of certain non-perishable foods, and had a $20k sales limit

California AB 1252

Allowed all Class A & B operations to do direct sales anywhere within the state, rather than just their own county. It also required Class A operations to list their county on product labels.

Oklahoma HB 1094

The Home Bakery Act of 2013, which was Oklahoma’s first cottage food law, only allowed sales of baked goods at the producer’s home, with a $20,000 sales limit

California AB 1616

Initial cottage food law which created two classes of cottage food operations (CFOs). Class A can sell directly at most venues, whereas Class B can also sell indirectly through stores, restaurants, etc. A Class B permit is more expensive and requires a kitchen inspection. All CFOs can sell from a specific list of non-perishable items,… [read more]

Michigan HB 5130

Increase sales limit from $15k to $20k until 2017, then $25k thereafter

Tennessee SB 3547

Allowed “home-based kitchens” to sell directly from home and at farmers markets and events, without needing a permit from the ag department. Certain nonperishable foods were allowed, and there was no sales limit. These rules were repealed in 2017.

Arizona HB 2103

Arizona’s initial cottage food law, allowing for the sale of baked and confectionary goods from any venue within the state

Florida HB 7209

Initial cottage food law, which allowed producers to directly sell a number of non-perishable foods, and set a $15k sales limit

South Dakota HB 1222

Initial cottage food law. Allowed producers to sell nonperishable baked goods and home canned goods at farmers markets, roadside stands, and similar venues. Those selling canned goods needed to have their recipes approved by a processing authority.

New Mexico 7.6.2.16 NMAC

This was New Mexico’s initial law for “Homebased Food Processors”. For many years, it was the strictest of all cottage food laws, which resulted in very few people using it. And some areas — most notably Albuquerque — didn’t even allow homebased food processors at all. The steps to to get a permit were very… [read more]

Indiana HB 1309

Enabled sales of nonperishable foods at farmers markets & roadside stands

Tennessee TN Rules & Regulations 0080-04-11-.04

Allowed “domestic kitchens”, which could sell directly and indirectly, but required a complex application process, and limited sales to 100 units per week. These rules were repealed in 2017.

Delaware 9 DE Reg. 1057

Establishes rules allowing farmers to sell homemade foods. Allows farmers to sell many types of non-perishable foods. Allows farmers to sell from their farm, at farmers markets, and from roadside stands. Limits sales to $40,000 per year. Requires farmers to get an annual license, kitchen inspection, and take a food safety course. Prohibits pets from… [read more]

Kentucky HB 391

Kentucky’s law for home-based microprocessors is only for farmers or those who grow the primary ingredient in a product (e.g. grow tomatoes for canned tomatoes). This law allows farmers to sell acidified foods, low-acid canned foods, and low-sugar jams & jellies on their farm, at farmers markets, or at roadside stands. Home-based microprocessors need to… [read more]

Kentucky HB 391

Kentucky’s first cottage food law for home-based processors was only for farmers or those who grew the primary ingredient in a product (e.g. grew strawberries for strawberry jelly). This law allowed farmers to sell bread, cakes, cookies, pies, jams, jellies, fruit butters, and sweet sorghum syrup on their farm, at farmers markets, or at roadside… [read more]

Rhode Island Title 21-27-6.1

A new law to allow farmers (that sell over $2,500 of agricultural products per year) to register as a “farm home food manufacturer” and sell many types of nonperishable products at ag-related venues, including farmers markets, farm stands, and other events and stores that are operated by farmers.