Tracy Mason

Yup, income tax too.

That is correct… homemade food sales may be done at farmers markets, but obviously that is not conducive to a custom cake business. Technically, if you found a farmers market that was open most days, you could have your buyers pick up their custom cakes from there.

Other than that, the only legal workaround would be to try to initiate an…[Read more]

You are definitely responsible for self-employment tax, and I’m not sure what you’re referring to with “incr take”.

Homemade juices are not covered under CA’s law, and therefore, there is currently no way to legally sell homemade juices.

However, CA is in the process of reviewing submissions for adding foods to the allowed list. You can submit a request using the links below until January 31st. Keep in mind that the health dept will only approve items that…[Read more]

I could explain what non-PHF means, but that is only applicable to baked goods or confections. Basically, none of the items you’re describing, like jams or sauces, are allowed in Arizona under the cottage food law. That means that to legally sell your products, they would need to be produced in a commercial kitchen.

Thanks for posting this Cristina… I really hope you can help improve things. Let me know if I can help in any way… for instance, I can provide examples of how other states have added a line to their law to prevent counties from disallowing CFOs.

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.