You make something good in your kitchen. Maybe it's sourdough bread, strawberry jam, granola, hot sauce, or a spice blend that everyone who tries it wants to buy. People have asked if they can pay you for it. You're interested, but you don't know whether selling food from your home kitchen is actually legal.
Here's the short answer: yes, it's legal in all 50 states. Every state has a cottage food law that allows home producers to make and sell certain foods without a commercial kitchen. But the details matter. What you can sell, how much you can earn, where you can sell it, and what has to be on the label all vary depending on where you live.
The short version: Every state allows you to sell certain homemade foods under cottage food laws, but the rules differ significantly from state to state. The five key variables are what products are permitted, how much you can earn, where you can sell, what goes on the label, and whether you need to register. Look up your specific state's rules on Forrager before you start selling, and always check the exact cottage food disclaimer language your state requires for labeling.
This guide explains how cottage food laws work across the country, what the key variables are that differ from state to state, and how to find the specific rules that apply to your situation. The goal isn't to give you a 50-state breakdown that's outdated the week after it's published. It's to give you a framework for understanding cottage food law so you can evaluate your own state's rules with confidence.
A cottage food law is a state-level regulation that allows individuals to produce and sell certain foods from their home kitchen without obtaining a commercial kitchen license, a food establishment permit, or a health department inspection. These laws exist in all 50 states and the District of Columbia, and they create a legal pathway for home cooks to sell directly to consumers.
Before cottage food laws existed, selling any food to the public required a licensed commercial kitchen. It didn't matter if you were making six jars of jam for your neighbors or running a 10,000-square-foot bakery — the legal requirements were essentially the same. That meant home cooks who wanted to sell a few dozen cookies at a farmers market needed to rent a commercial kitchen, pass health inspections, and obtain business permits. For someone selling $200 worth of baked goods on a Saturday morning, those requirements were prohibitively expensive and complex.
Cottage food laws changed that by creating an exemption for low-risk, home-produced foods. The logic is straightforward: a jar of strawberry jam made in a home kitchen poses a fundamentally different food safety risk than a commercial meat processing operation. The regulations should reflect that difference.
Today, all 50 states and the District of Columbia have some version of a cottage food law. The oldest have been on the books since the 1990s. Many states updated or expanded their laws in the 2010s and 2020s as the local food movement gained momentum. A handful of states have gone even further with "food freedom" laws that dramatically expand what home producers can sell and how.
The important thing to understand is that cottage food law isn't a single national standard. Each state wrote its own version, and the differences between states can be significant. What's perfectly legal in Wyoming might not be permitted in New Jersey. What costs nothing to start in one state might require registration and a food safety course in another.
That's why understanding the framework matters more than memorizing a state-by-state list.
Cottage food laws generally permit shelf-stable, low-risk foods that don't require refrigeration. Despite the variation between states, they share a common foundation built around the same principle: if a product is safe at room temperature, it's likely eligible.
Products that are widely permitted under cottage food laws:
Products that are almost universally excluded:
The dividing line is essentially this: if a product can sit safely on a shelf at room temperature without growing dangerous bacteria, it's likely cottage food eligible. If it needs refrigeration, involves raw animal products, or carries a significant pathogen risk at room temperature, it's likely excluded.
There are gray areas. Hot sauce, salsa, and tomato-based sauces are permitted in some states and restricted in others depending on whether the state classifies them as acidified foods. Fermented products like kombucha and kimchi fall into a regulatory gray area in many states. If your product is in one of these categories, you'll need to check your specific state's rules rather than assuming either way.
Five dimensions determine what your specific cottage food operation can look like. Once you understand what cottage food law is and what it generally covers, the next step is learning how these variables apply in your state.
States take one of two approaches to defining which products qualify, and the approach your state uses directly affects whether your specific product is eligible. This is the most important variable for deciding what you can sell.
Explicit list states publish a defined list of permitted foods. If your product is on the list, you're in. If it's not on the list, it doesn't matter how safe or shelf-stable it is — you can't sell it under cottage food law. These states tend to be more restrictive but also more clear-cut. You know exactly where you stand.
General definition states use a broad definition instead of a specific list. They'll define cottage food as "non-potentially hazardous foods" or "foods that don't require temperature control for safety." If your product fits the definition, you're permitted — even if the law doesn't mention your specific product by name. These states tend to be more permissive but can also be more ambiguous when a product falls in a gray area.
| Approach | How It Works | Pros | Cons |
|---|---|---|---|
| Explicit list | State publishes a defined list of permitted products | Clear-cut; you know exactly where you stand | More restrictive; unlisted products can't be sold |
| General definition | State defines cottage food by safety criteria (e.g., "non-potentially hazardous") | More permissive; covers products not explicitly named | Can be ambiguous for gray-area products |
The products most affected by this distinction are acidified foods (pickles, hot sauce, salsa, fermented vegetables), certain baked goods with fillings, and newer product categories like protein bars or CBD-infused foods. If you're making standard bread, cookies, or jam, you're almost certainly fine in any state. If you're making fermented hot sauce or kombucha, the answer depends heavily on which state you're in.
Many states limit how much money you can earn annually from cottage food sales. Revenue caps range from very restrictive to nonexistent, and the cap directly shapes how large your cottage food business can grow.
| Cap Range | Annual Limit | Weekly Equivalent | What It Means |
|---|---|---|---|
| Low | $5,000–$10,000 | ~$100–$190/week | Hobby-scale only; roughly one farmers market morning per week |
| Moderate | $25,000–$50,000 | ~$480–$960/week | Room for a meaningful part-time or full-time cottage food business |
| No cap | Unlimited | Unlimited | Only limited by your production capacity and customer base |
One critical detail: revenue caps are typically measured by gross sales, not profit. If your state has a $25,000 cap and you sell $25,000 worth of jam, you've hit the cap — even if your ingredients, packaging, and market fees cost $15,000 and your actual profit was only $10,000. Track your gross sales from day one so you don't accidentally exceed the limit.
If you're approaching your state's cap and want to keep growing, the typical next step is moving production to a licensed commercial kitchen. Many communities have shared commercial kitchens available for rent by the hour or day, which keeps the transition affordable, according to Institute for Justice cottage food resources.
Sales channel rules determine your entire business model. Where you can sell your cottage food products varies more than almost any other variable.
The sales channel question matters a lot for your business model. If your state allows online ordering with local pickup, you can set up a simple Homegrown storefront, take pre-orders, and have customers pick up at a designated time and place. If your state restricts you to in-person sales only, you'll need to sell exclusively at farmers markets and events. When you're ready to take orders online and manage local pickup, Homegrown is built for exactly that setup — customers order and pay through your link, and you fulfill through pickup at the farmers market, farm, or wherever works for you.
Every state that has a cottage food law requires some form of labeling on your products. The specific requirements vary, but these are the standard elements:
The cottage food disclaimer is where most compliance mistakes happen. States don't just require you to mention that the food was made at home — many require a specific sentence, sometimes with the exact name of the regulating agency included. Using the wrong wording or leaving it off entirely is the most common labeling error among cottage food vendors.
Some states also require a best-by date or production date. Even if your state doesn't require it, including a best-by date is good practice. It sets customer expectations about freshness and protects your reputation.
For the full breakdown of what goes on a cottage food label and how to get it right, see our guide on cottage food labeling requirements.
The licensing and registration requirements for cottage food vary from "do nothing, just start selling" to "complete a course and register with the state." Most states fall closer to the simple end of that range.
None of these requirements are burdensome compared to commercial food licensing. Even in the most regulated states, getting set up as a cottage food vendor is a matter of days and a few dollars — not weeks and thousands.
Rather than trying to list all 50 states (which would be outdated before this article is published, since states regularly update their laws), it's more useful to understand the general tiers that states fall into.
| State Tier | Product Rules | Revenue Cap | Sales Channels | Registration |
|---|---|---|---|---|
| Permissive (e.g., Wyoming, North Dakota, Utah) | Broad definitions or food freedom laws | High cap or none | Online ordering, delivery, some retail | Minimal or none |
| Moderate (most states) | Defined product lists, fairly generous | $10,000–$50,000 | Farmers markets, online ordering with local pickup | Simple registration or none |
| More restrictive | Narrow product lists | $5,000–$10,000 | In-person sales only | Registration, food safety course, or both |
These states have made it intentionally easy to sell food from home. They tend to have broad product definitions rather than narrow lists, high revenue caps or no cap at all, and flexible sales channels that may include online ordering and even some retail placement. Registration requirements are minimal or nonexistent.
States that have passed "food freedom" or "homemade food freedom" laws fall into this category. Wyoming, North Dakota, Utah, and a handful of others have enacted legislation that goes significantly beyond traditional cottage food law, allowing home vendors to sell almost any food directly to informed consumers with minimal regulatory requirements.
California's AB-626 Microenterprise Home Kitchen Operation (MEHKO) law is worth knowing about separately. It allows home cooks to prepare and sell meals from their home kitchens — not just shelf-stable products — under a separate permitting system. This goes far beyond what traditional cottage food law covers.
Most states fall into this middle category. They have defined product lists (though often fairly generous ones), revenue caps in the $10,000–$50,000 range, direct-to-consumer sales channels (including farmers markets and often online ordering with local pickup), standard labeling requirements, and possibly a simple registration process.
If you're in a moderate state, you can generally run a meaningful cottage food business — selling at farmers markets, taking online orders for pickup, and building a base of regular customers — as long as you stay within the product list and revenue cap.
A smaller number of states have cottage food laws that are more limited. They may have narrow product lists, low revenue caps ($5,000–$10,000), restrictions to in-person sales only, and requirements for registration, food safety courses, or both.
Even in restrictive states, basic baked goods and jams are almost always permitted. The restrictions tend to affect more complex products (acidified foods, confections, certain specialty products) and limit the scale at which you can operate rather than preventing cottage food production entirely.
Yes, and they almost always get more permissive. Cottage food laws are actively evolving. Multiple states have updated their laws in the past five years, almost always in the direction of loosening restrictions. Revenue caps have been raised. Product lists have been expanded. Online sales have been explicitly permitted. Some states have moved from restrictive to moderate or from moderate to permissive in a single legislative session.
Whatever you learned about your state's cottage food law two or three years ago may no longer be accurate. Before you start selling — and periodically after — verify the current rules.
The best resource is Forrager. The National Agricultural Law Center also maintains a state-by-state compilation of cottage food laws that links directly to the actual statutes. Forrager maintains a comprehensive, regularly updated directory of cottage food laws for all 50 states. For each state, it provides:
When you look up your state on Forrager, pay attention to four things specifically:
First, the product list or definition. Is your product explicitly listed? If the state uses a general definition, does your product fit? If you're making something in a gray area (acidified foods, fermented products, specialty products), read the definition carefully.
Second, the revenue cap. Know the number. Set up a simple spreadsheet to track gross sales from your first transaction. This is one area where ignorance isn't a defense — if you exceed the cap, you're operating outside the law even if you didn't know.
Third, the sales channel rules. Can you take orders online? Can you do delivery? Are you limited to in-person sales at farmers markets and events? This shapes your entire business model.
Fourth, the exact label language. Copy the cottage food disclaimer word-for-word from your state's requirements. Don't paraphrase. Don't approximate. The exact wording matters for compliance.
In most states, no. A food handler's permit is a personal certification — typically a short online course and exam — that demonstrates basic food safety knowledge. It's usually required for employees in commercial food establishments, not for home cottage food vendors. Some states do require cottage food vendors to complete a food safety training course, but this is different from a full food handler's permit. The required courses are usually shorter, less expensive, and specifically designed for home food vendors. Check your state's requirements on Forrager.
You can sell in person at events in other states, but you'd need to comply with that state's cottage food law — which may differ from your home state's rules. In practice, most cottage food vendors sell within their home state. Shipping across state lines is a separate issue entirely. Cottage food laws are state-level exemptions from state food safety regulations, and once you cross state lines, you're in interstate commerce territory under federal jurisdiction.
Yes. Direct-to-consumer sales at farmers markets are the most widely and consistently permitted sales channel under cottage food law. In virtually every state, if cottage food sales are legal at all, they're legal at farmers markets. That said, individual farmers markets may have their own requirements on top of state law. Some markets require proof of insurance, a food safety course completion certificate, or a specific booth setup. Check with your market manager about their specific vendor requirements in addition to understanding your state's cottage food law.
Exceeding the revenue cap means you're operating outside your cottage food exemption. At that point, you'd need to either stop selling for the remainder of the year or transition to a commercial food operation — which means producing in a licensed commercial kitchen, obtaining a food establishment permit, and meeting health inspection requirements. For vendors who are approaching the cap and want to keep growing, the most common path is renting time in a shared commercial kitchen.
In some states, yes. A handful of states have enacted separate "home bakery" laws that specifically cover baked goods and may have different (often more favorable) rules than the broader cottage food law. The home bakery law might allow higher revenue caps, more sales channels, or fewer restrictions specifically for baked products. If your state has both a cottage food law and a home bakery law, read both — one may be more favorable than the other for your specific products.
Generally no. Cottage food exemptions are designed for individual home vendors and typically don't extend to hired employees. Family members and household members are often permitted to help with production in more permissive states, but employing people outside your household usually moves your operation out of cottage food territory and into commercial food establishment requirements. If your cottage food business grows to the point where you need help, that's often a sign it's time to consider transitioning to a licensed commercial kitchen.
Food freedom laws go significantly further than traditional cottage food laws. While cottage food laws typically limit you to shelf-stable products sold directly to consumers, food freedom laws — enacted in states like Wyoming, North Dakota, and Utah — allow home vendors to sell a much wider range of products, including some that require refrigeration, directly to informed end consumers. Food freedom laws usually have fewer restrictions on product types and sales channels, though they still require direct-to-consumer sales and informed consent from buyers.
Understanding the law is the first step. Once you know what your state allows, the practical work begins:
When you're ready to move beyond text messages and cash transactions, Homegrown gives you a simple Homegrown storefront where customers can browse your products, place orders, and pay ahead. You get a clean order list before your bake day. They get a confirmation instead of wondering whether you got their text.
For the full roadmap on turning your cottage food idea into a working business — from product selection and pricing through your first sale — how to start a cottage food business picks up where the legal research leaves off. And if you are wondering what it looks like to run a food business entirely from your home — beyond just the legal basics — how to sell food from home covers the practical side of building that operation.
