Michelle Mckinney

Edward, thanks for bringing this up, as this is something that the site wasn’t really clear about. The law only allows “farm stands”, so yours would need to be on a farm. I have updated Texas’ page to make this more clear.

No, you can’t use vegetables or cheeses in any of your products.

No, these items are not allowed. There are only a few states that allow extracts.

Yeah, it is frustrating, but you really can’t move forward without talking to them. You might need to stop by in-person.

If they don’t know, then don’t worry about the sales tax. You should be exempt anyway.

You should be able to make baklava, but since it’s not explicitly listed on the allowed foods list, you should check with the health dept first.

Debbie, Ohio is usually pretty flexible with what they allow, but it doesn’t look like they currently allow mustard through their cottage food law. Sorry!

You can have a cottage food business, but you can’t deliver. People will need to pick the items up from your home.

Arizona is pretty lenient… you will be fine with this kind of item.

You don’t need a nutrition label on your products unless you make a health claim, like “low-fat”. Just apply for an exemption.

The FDA’s info confuses me too, but I know you don’t have to register with them (aside from that exemption). Sorry, I really have no idea if info…[Read more]

Yes, all the rules that are on Florida’s page. Also contact your planning division to make sure your region doesn’t have any other requirements. And Miami-Dade county is currently not allowing cottage food operations, in case you live there.

April, I just want to further clarify my response. I still think that you are exempt from all taxes, but since I wrote this answer, I have learned that in some states, only state taxes are exempt, and local (city and/or county) taxes still apply to cottage food sales. To be sure for your region, you should contact your County Tax Collector or…[Read more]

For sales taxes, it doesn’t seem to be consistent from state-to-state, so I’m not sure. In Colorado, I would start by asking the Taxation Division in the Department of Revenue. For yearly taxes, you’d contact the IRS, as you probably know.

Yes, in Florida it can.

I agree that it could be more clear, and part of the reason that it currently isn’t clear is that there are no rules or requirements for getting started. What you see on that page is all the rules there are… no health dept license or inspection needed. One thing you should do, however, is call up your planning division and ask if there are any…[Read more]

Joan, baking for friends and family becomes a business when you start selling your homemade food items to them, or doing monetary transactions for your goods elsewhere. There is no technical definition of a cottage food business, but basically, it’s a for-profit business that sells homemade food products.

If the health dept finds that you are…[Read more]

Flour is most definitely non-potentially hazardous! (I’m surprised the ag dept doesn’t know that)

What are you using to mill the flour? Are you doing it in your home kitchen, or with some specialized equipment in a different building? It appears that the cottage food law may apply to you, but you might have special circumstances that prevent you…[Read more]

So sorry for the confusion. “Enacted” means that Missouri does have cottage food laws, but oddly, each county implements them differently. HB 617 was introduced as a way to create a universal cottage food law for the state, and that hasn’t been enacted yet.

But you should talk to your county’s health dept and see if they currently allow you to…[Read more]

Marianne, your Class B permit is for indirect sales, and I think this would qualify for that, as long as the person selling it is doing so within your county (or in other approved counties, where the necessary agreement with the health depts exists). Indirect sales usually happen at food facilities or grocery stores, but it also includes someone…[Read more]

For interstate sales of any food item, you need to make it in a commercial kitchen, not your home kitchen. You can call your health dept to learn about how to get licensed as a regular food business. If you only want to do intrastate sales, vanilla extract might be considered a cottage food, but I don’t know for sure for Oregon. That would also be…[Read more]

The cottage food law is intended for people who prepare food in their home, and it would not apply to you. If you are only trying to resell commercial, prepackaged foods, I think you can just get a sellers permit and don’t need to become a cottage food operation. I’d recommend you talk to your health department and see what they say. The label you…[Read more]