Cottage food laws, state by state.
In 27 of 50 states a home baker can sell shelf-stable foods without any registration or permit; 14 ask for a registration and 6 for a license or permit. 16 states publish an annual sales cap, from $30,000 to $250,000, and 4 say there is none.
Updated
What a home baker needs before selling.
- No registration or permit: 27 (Alaska, Arkansas, Colorado, Florida, Georgia, Hawaii, Iowa, Idaho, Indiana, Kansas, Maryland, Michigan, Missouri, Mississippi, North Dakota, New Hampshire, New Mexico, Ohio, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Texas, Virginia, West Virginia, Wyoming)
- Registration: 14 (Alabama, Arizona, California, Illinois, Kentucky, Minnesota, Montana, North Carolina, Nebraska, Nevada, New York, Pennsylvania, Rhode Island, Vermont)
- License or permit: 6 (Connecticut, Delaware, Massachusetts, Maine, New Jersey, Washington)
- Unclear: 3 (Louisiana, Utah, Wisconsin)
State by state.
| State | Before selling | State fee | Annual sales cap | At markets | Event food permits from | Notes |
|---|---|---|---|---|---|---|
| Alaska | No registration or permit | — | — | Yes | State agency | Qualifying homemade food is exempt from state licensing and permitting, and the statute lists farmers' markets as sale venues; the statute sets no dollar cap. Source |
| Alabama | Registration | — | No cap | Yes | State or local, depending on the area | Producers file a review form and course certificate with the county health department; the page says the annual income limit was removed. Markets must be state-sanctioned. Source |
| Arkansas | No registration or permit | — | — | Yes | Local health department | Non-TCS homemade foods sold to informed end consumers are exempt from Health Department permits, including at farmers' markets; foods needing temperature control still need a permit. Source |
| Arizona | Registration | — | — | Unclear | State or local, depending on the area | Preparers take an accredited food handler course, register with the department, renew every three years and display the registration certificate when selling; no fee is stated. Source |
| California | Registration | — | — | Yes | Local health department | Class A operators register locally and sell directly; Class B operators hold a permit. Annual sales caps differ by class and are adjusted each year. Source |
| Colorado | No registration or permit | — | — | Yes | Unclear | No license is needed, but producers need training, labels and direct sales to the end consumer; the page's only revenue figure is up to $10,000 per product type. Source |
| Connecticut | License or permit | $50 | $50,000 | Yes | Local health department | Licensed by Consumer Protection after zoning approval and a food safety course; sales are person-to-person only, and some farmers' markets still require a food establishment license. Source |
| Delaware | License or permit | $30 | — | Yes | State agency | The annual permit costs $30 and is displayed at farmers markets, craft fairs and other approved venues; online and wholesale sales are not allowed. Source |
| Florida | No registration or permit | — | $250,000 | Unclear | State agency | No state food permit while annual gross sales stay at or under $250,000; sales are direct to consumers in person, online or by mail, not wholesale. Source |
| Georgia | No registration or permit | — | No cap | Yes | State or local, depending on the area | HB 398 ended the state license and pre-licensing inspection, and the Department's FAQ says it sets no sales limit; some farmers' markets may still require a license. Source |
| Hawaii | No registration or permit | — | — | Yes | State agency | Home-kitchen food products are exempt from the food establishment permit, and the Department's event form says directly sold homemade products need no special event permit. Source |
| Iowa | No registration or permit | — | — | Unclear | State agency | No license is needed; labels carry contact details, ingredients and a home-kitchen statement, and foods held hot or cold, dairy and meat are excluded. Source |
| Idaho | No registration or permit | — | — | Unclear | Local health department | No state license or inspection for homemade foods sold within Idaho; sellers must give an uninspected-food notice and keep sales records for two years. Source |
| Illinois | Registration | — | — | Yes | Local health department | Operators register with their local health department, which charges between $0 and $50 by law; sales are direct and allowed at farmers markets, fairs and public events. Source |
| Indiana | No registration or permit | — | — | Yes | State or local, depending on the area | Home-based vendors need no food permit but must hold a food handler certificate; each market or festival decides whether to admit them. Source |
| Kansas | No registration or permit | — | — | Unclear | Unclear | State law exempts qualifying home producers from the food establishment license, though the Department can still inspect after a complaint; the statute names no sales cap. Source |
| Kentucky | Registration | $50 | $60,000 | Yes | Local health department | Home-based processors register yearly with the Food Safety Branch and may sell in person at markets, roadside stands and community events, not by shipping. Source |
| Louisiana | Unclear | — | — | Unclear | State or local, depending on the area | The sanitary code excepts home-made jams, jellies, preserves and honey under $5,000 in yearly sales; no cottage food program page was found. Source |
| Massachusetts | License or permit | — | — | Yes | Local health department | Selling home-kitchen food directly, including at farmers markets and craft fairs, needs a permit from the local board of health; no fee is stated on the state page. Source |
| Maryland | No registration or permit | — | $50,000 | Yes | Local health department | No license; products are prepackaged, labeled and sold only in Maryland, including at farmers markets and public events, within a $50,000 sales limit. Source |
| Maine | License or permit | $20 | — | Unclear | State agency | A Home Food License costs $20 a year for non-refrigerated foods sold outside the home; an initial kitchen inspection is required but annual inspections are not. Source |
| Michigan | No registration or permit | — | $50,000 | Yes | Local health department | Exempt from MDARD licensing; yearly gross sales are capped at $50,000, or $75,000 if products sell for $250 or more per unit. Source |
| Minnesota | Registration | — | $78,000 | Yes | State or local, depending on the area | Yearly registration is free up to $7,665 in sales and $50 above that, with a $78,000 cap; sales at farmers markets and community events are allowed. Source |
| Missouri | No registration or permit | — | No cap | Unclear | Local health department | No permit or license; labels carry the name, address and an uninspected statement, and the 2022 update removed the annual sales cap. Source |
| Mississippi | No registration or permit | — | $35,000 | Yes | Unclear | Limited to $35,000 in gross annual sales and an approved list of low-risk foods; sales must be direct to Mississippi consumers. Source |
| Montana | Registration | $40 | — | Yes | Local health department | Operators register once with the county health authority for $40; foods on the farmers market exemption list sold only at markets need no registration. Source |
| North Carolina | Registration | — | — | Yes | Local health department | The Department inspects the home kitchen after an application and business plan but issues no permit; items handed directly to buyers at markets may skip an affixed label. Source |
| North Dakota | No registration or permit | — | — | Yes | State or local, depending on the area | State agencies and local governments may not require licensing, permits or inspection for cottage food; sellers must tell buyers it is not inspected, including at farmers markets. Source |
| Nebraska | Registration | — | — | Yes | State or local, depending on the area | Producers of non-TCS food selling directly at a farmers market need no registration or course; other cottage producers take a course and register before selling. Source |
| New Hampshire | No registration or permit | — | — | Yes | Local health department | Homestead food operations selling only to consumers from the home, farm stand, farmers' markets or retail food stores are exempt from state licensing and inspection. Source |
| New Jersey | License or permit | $100 | $50,000 | Yes | Local health department | The state permit costs $100 and needs zoning approval and a manager certificate; sales are capped at $50,000, and events still need a local temporary food permit. Source |
| New Mexico | No registration or permit | — | — | Yes | State agency | Since July 2021 listed foods need no state food permit; sellers hold a Food Handler Card, may sell at farmers markets and festivals, and give buyers a label. Source |
| Nevada | Registration | — | $100,000 | Yes | State or local, depending on the area | Registration is required before selling; gross sales may not exceed $100,000 a year, adjusted for inflation from 2026-2027, and farmers and flea markets are named. Source |
| New York | Registration | Free | — | Yes | Local health department | Home processors register with Agriculture and Markets at no charge and may sell at farmers markets and craft fairs; food must be packaged and labeled at home. Source |
| Ohio | No registration or permit | — | — | Yes | Local health department | Exempt from state inspection and licensing; sales are allowed from the home, farmers markets and festivals run by a political subdivision lasting up to seven days. Source |
| Oklahoma | No registration or permit | — | $250,000 | Yes | Local health department | Sales up to $250,000 a year with no permit; registering with the state is optional and lets a registration number replace name and address on labels. Source |
| Oregon | No registration or permit | — | $52,700 | Yes | Local health department | No license if food handler training is done and annual gross sales stay at or under $52,700 (2026); sales at farmers markets are allowed. Source |
| Pennsylvania | Registration | $35 | — | Yes | State or local, depending on the area | A Limited Food Establishment registration costs $35 initially and yearly and includes inspection; registered producers may sell at farmers markets and community events. Source |
| Rhode Island | Registration | $65 | $50,000 | Unclear | State agency | Registration with the Health Department costs $65 under the fee schedule; sales are capped at $50,000 a year and limited to pickup or delivery to consumers. Source |
| South Carolina | No registration or permit | — | — | Unclear | State agency | No retail food permit for non-time/temperature-controlled foods sold directly to consumers or retail stores in South Carolina; labels need the producer's name and an uninspected statement. Source |
| South Dakota | No registration or permit | — | No cap | Yes | State agency | No state license for listed foods sold from a home or farmers market, and the Department's guidance says there are no monetary limits on sales. Source |
| Tennessee | No registration or permit | — | — | Unclear | State or local, depending on the area | The Department of Agriculture says it issues no permits, licenses or inspections for foods made under the Food Freedom Act; a 2025 change added some temperature-controlled foods. Source |
| Texas | No registration or permit | — | $150,000 | Yes | State or local, depending on the area | No permit or inspection to sell directly to consumers; registration applies to temperature-controlled foods and resellers. The income threshold is $150,000 a year. Source |
| Utah | Unclear | — | — | Yes | Local health department | Two routes exist: a UDAF-inspected registration, or the Home Consumption and Homemade Food Act for in-person direct sales, where farmers markets use a separately signed section. Source |
| Virginia | No registration or permit | — | — | Yes | State or local, depending on the area | Qualifying home producers need no VDACS permit or inspection and may sell inside Virginia directly to individuals, at any location with some exceptions. Source |
| Vermont | Registration | — | $30,000 | Unclear | State agency | Operators at $30,000 or less in yearly sales can claim a licensing exemption by training annually and filing the exemption online before January 15. Source |
| Washington | License or permit | $355 | $35,000 | Yes | Local health department | A WSDA permit and kitchen inspection are required; the fee is $355 for two years and gross sales may not exceed $35,000 a year. Source |
| Wisconsin | Unclear | — | — | Unclear | State or local, depending on the area | A court order lets bakers sell shelf-stable baked goods without a license, but the state can enforce licensing on other homemade foods such as candy. Source |
| West Virginia | No registration or permit | — | — | Unclear | Local health department | Non-potentially hazardous foods are exempt from licensing, permitting and inspection; foods needing temperature control require a Department permit and kitchen inspection. Source |
| Wyoming | No registration or permit | — | $250,000 | Yes | State or local, depending on the area | Homemade foods under the Food Freedom Act are exempt from licensing; producers are limited to $250,000 gross revenue and 250,000 products a year, within Wyoming. Source |
How we built this.
- We read each state's cottage food and temporary food pages from the state health or agriculture department on 2026-10-11, and re-read every dollar figure on its source page.
- “—” means the pages we read give no single figure: the fee is set locally or tiered, or the cap varies by product or class. “No cap” appears only where an official page says so.
- “Unclear” means the state page doesn't settle it. Rules change; confirm with the agency before you sell. Not legal advice.
Common questions.
Can I sell homemade food at a farmers market?
In most states, yes, for foods that don't need refrigeration, like breads, cookies, jams and candy. 36 of 50 state pages we read name farmers markets or events as allowed places to sell. Check your state's labeling rules and any sales cap, and ask the market whether it needs your license or registration.
Which states have no cottage food sales limit?
Alabama, Georgia, Missouri, South Dakota say on official pages that there is no cap. Other states without a published figure may still limit sales by product or class, so read the state page.
Do food vendors at a market need a temporary food permit?
Usually, if they sell food that isn't covered by cottage food rules, or cook or sample on site. In 21 states the local health department issues it; elsewhere it's the state or depends on the county. Your city's permit page lists the office.
Sources.
Every fact on this page comes from these state agency pages, checked on 2026-10-11. Details change; tell us at hello@bzar.app if something here is out of date.
- https://www.akleg.gov/basis/statutes.asp?media=print&secStart=17.20.332&secEnd=17.20.340
- https://www.akleg.gov/basis/aac.asp?media=print&secStart=18.31.050&secEnd=18.31.050
- https://www.alabamapublichealth.gov/foodsafety/cottage-food.html
- https://www.alabamapublichealth.gov/foodsafety/temp-events.html
- https://healthy.arkansas.gov/wp-content/uploads/FarmersMarketGuidelines-7-28-25.pdf
- https://healthy.arkansas.gov/wp-content/uploads/temporaryfoodserviceguidelines.pdf
- https://www.azdhs.gov/documents/preparedness/epidemiology-disease-control/food-safety-environmental-services/cottage-food-program/r9-8-101-02-cottage-food.pdf
- https://www.azdhs.gov/documents/preparedness/epidemiology-disease-control/food-safety-environmental-services/az-food-code.pdf
- https://www.cdph.ca.gov/Programs/CEH/DFDCS/Pages/FDBPrograms/FoodSafetyProgram/CFORequirements.aspx
- https://www.cdph.ca.gov/Programs/CEH/DFDCS/Pages/FDBPrograms/FoodSafetyProgram/RetailFoodProgram.aspx
- https://cdphe.colorado.gov/dehs/cottage-foods
- https://cdphe.colorado.gov/dehs/rf/licensing
- https://portal.ct.gov/dcp/knowledge-base/articles/cottage-foods/application-process
- https://portal.ct.gov/dph/food-protection-program/itinerant-food-vendors
- https://regulations.delaware.gov/AdminCode/title16/Department%20of%20Health%20and%20Social%20Services/Division%20of%20Public%20Health/Health%20Systems%20Protection%20(HSP)/4458A.shtml
- https://firststeps.delaware.gov/food_temporary/
- https://www.fdacs.gov/Business-Services/Food/Food-Establishments/Cottage-Foods
- https://www2.myfloridalicense.com/hotels-restaurants/licensing/temporaryevent-guide/
- https://agr.georgia.gov/cottage-food-faq
- https://dph.georgia.gov/document/document/envhealthfoodfoodservice-rulespdf/download
- https://health.hawaii.gov/san/files/2025/09/HAR-11-50-2025-searchable.pdf
- https://health.hawaii.gov/san/files/2024/10/SEP-App.pdf
- https://dial.iowa.gov/licenses/food-establishments-hotels/cottage-food-law
- https://dial.iowa.gov/licenses/food-establishments-hotels/temporary-food-establishments-events
- https://legislature.idaho.gov/wp-content/uploads/statutesrules/idstat/Title37/T37CH2.pdf
- https://healthandwelfare.idaho.gov/health-wellness/community-health/food-safety
- https://extension.illinois.edu/sites/default/files/2024-10/cottage_food_guide.pdf
- https://dph.illinois.gov/topics-services/food-safety/retail-food/temporary-food-operations.html
- https://www.in.gov/health/food-protection/files/Home-Based-Vendors-FAQ-FINAL.pdf
- https://www.in.gov/health/food-protection/temporary-events
- https://www.kslegislature.gov/li_2024/b2023_24/statute/065_000_0000_chapter/065_006_0000_article/065_006_0089_section/065_006_0089_k/
- https://www.chfs.ky.gov/agencies/dph/dphps/fsb/FSDocs/hbpupdates.pdf
- https://www.chfs.ky.gov/agencies/dph/dphps/fsb/Pages/retailfoodprogram.aspx
- https://www.doa.la.gov/media/dtxju50z/51.docx
- https://www.mass.gov/info-details/residential-kitchen-questions-and-answers
- https://www.mass.gov/info-details/food-establishments-at-events-and-farmers-markets-questions-and-answers
- https://health.maryland.gov/qahealth/environmental-health/Documents/MDH%20Cottage%20Food%20Businesses%20Guidelines.pdf
- https://regs.maryland.gov/us/md/exec/comar/10.15.03/index.full.html
- https://www.maine.gov/dacf/qar/permits_and_licenses/documents/home-license-101.pdf
- https://www.maine.gov/dhhs/mecdc/sites/maine.gov.dhhs.mecdc/files/EP%20Mobile%20and%20Temp.pdf
- https://www.michigan.gov/mdard/food-dairy/cottage-food/getting-started-faq
- https://www.michigan.gov/mdard/licensing/food/service
- https://www.mda.state.mn.us/food-feed/cottage-food-producer-registration
- https://www.health.state.mn.us/communities/environment/food/license/index.html
- https://health.mo.gov/sites/health/files/media/pdf/2026/03/home-based-kitchen-food-prod-guidance.pdf
- https://health.mo.gov/business-professionals/food-safety/retail-food-safety/temporary-food-events
- https://msdh.ms.gov/page/resources/5375.pdf
- https://www.msdh.ms.gov/page/30,0,77,769.html
- https://dphhs.mt.gov/assets/publichealth/FCS/CottageFood/cottagefoodfrequentlyaskedquestions2024.pdf
- https://dphhs.mt.gov/assets/publichealth/FCS/RetailFood/RetailFoodMCA.pdf
- https://www.ncagr.gov/divisions/food-drug-protection/food-program/food-drug-food-program-home-processor
- http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20quality/chapter%2018%20-%20environmental%20health/subchapter%20a/15a%20ncac%2018a%20.2665.pdf
- https://www.hhs.nd.gov/health/food-and-lodging/cottage-food
- https://www.hhs.nd.gov/health/food-and-lodging/food-and-beverage-establishments/temporary-food
- https://nda.nebraska.gov/fscp/foods/cottagefood
- https://nda.nebraska.gov/publications/foods/temp_guide
- https://gc.nh.gov/rules/state_agencies/he-p2300.html
- https://gc.nh.gov/rsa/html/X/143-A/143-A-5.htm
- https://www.nj.gov/health/cottagefood/rules-resources/faq/
- https://www.nj.gov/health/ceohs/phfpp/retailfood/
- https://www.env.nm.gov/foodprogram/wp-content/uploads/sites/8/2025/06/Homemade-Food-Act-FAQ.pdf
- https://www.env.nm.gov/foodprogram/retail-food-application/
- https://www.leg.state.nv.us/nrs/nrs-580.html
- https://agri.nv.gov/Animals/Food_Safety/Food_Safety_Program/
- https://agriculture.ny.gov/food-safety/home-processing
- https://www.health.ny.gov/environmental/indoors/food_safety/event_guidance.htm
- https://agri.ohio.gov/wps/wcm/connect/gov/91fb902b-b03a-4cf4-b595-993d93a6945a/Cottage+Food+Fact+Sheet.pdf?MOD=AJPERES&CONVERT_TO=url&CACHEID=ROOTWORKSPACE.Z18_M1HGGIK0N0JO00QO9DDDDM3000-91fb902b-b03a-4cf4-b595-993d93a6945a-oR-Rtqs
- https://odh.ohio.gov/know-our-programs/food-safety-program
- https://ag.ok.gov/divisions/food-safety/
- https://oklahoma.gov/health/services/licensing-inspections/consumer-health-service/licensure/food.html
- https://www.oregon.gov/oda/Documents/Publications/FoodSafety/CottageFoodExemptionFAQENG.pdf
- https://www.oregon.gov/oha/PH/HEALTHYENVIRONMENTS/FOODSAFETY/Pages/regs.aspx
- https://www.pa.gov/agencies/pda/food/food-safety/limited-food-establishment-
- https://www.pa.gov/agencies/pda/food/food-safety/retail-food/fairs-and-other-temporary-events
- https://webserver.rilegislature.gov/Statutes/TITLE21/21-27/21-27-6.2.htm
- https://health.ri.gov/sites/g/files/xkgbur1006/files/2025-08/RI_Food_Code.pdf
- https://agriculture.sc.gov/wp-content/uploads/2025/09/Home-basedFoodProduction2025_digital.pdf
- https://agriculture.sc.gov/wp-content/uploads/2025/10/RFEEventAuthorizationApplication2025.pdf
- https://doh.sd.gov/media/jskjetg5/farmersmarketguideance.pdf
- https://doh.sd.gov/topics/food-lodging-safety/licensure-codes/temporary-food-service/
- https://www.tn.gov/agriculture/consumers/food-safety/tennessee-food-freedom-act.html
- https://www.tn.gov/health/eh.html
- https://www.dshs.texas.gov/retail-food-establishments/permits-retail-food-establishments/texas-cottage-food-production
- https://www.dshs.texas.gov/retail-food-establishments/permits-retail-food-establishments
- https://ag.utah.gov/regulatory-services/home-consumption-and-homemade-food-act/
- https://epi.utah.gov/food-safety/
- https://www.vdacs.virginia.gov/pdf/homefoodexemptionsfaq.pdf
- https://www.vdh.virginia.gov/environmental-health/food-safety-in-virginia/tfe/
- https://www.healthvermont.gov/environment/food-lodging-program/home-based-food-licenses-and-exemptions
- https://www.healthvermont.gov/environment/food-lodging-program/temporary-food-service-establishments
- https://agr.wa.gov/cottagefood
- https://app.leg.wa.gov/WAC/default.aspx?cite=246-215-09200
- https://docs.legis.wisconsin.gov/misc/lc/issue_briefs/2025/consumer_protection/ib_wis_cottage_food_law_ag_2025_06_18
- https://datcp.wi.gov/Pages/Programs_Services/MobileTempRestaurants.aspx
- https://code.wvlegislature.gov/19-35-6/
- https://oehs.wvdhhr.org/media/g0gfj10p/sf-4-guidelines-for-operating-a-tempfood-establishment-booklet-revised-2019.pdf
- https://agriculture.wy.gov/corecode/uploads/document6/uploaded_pdfs/corecode/title11%207.5.23%20FFA%20Website%20Copy%20(8)_936.pdf
- https://agriculture.wy.gov/chs-information
Collect every food vendor's permit with the application.
On bzar, ask food vendors for their cottage food registration or health permit as a required document and check it before you approve.