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Data: cottage food laws

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

At a glance

What a home baker needs before selling.

270None: 27NoneRegister: 14RegisterLicense/permit: 6License/permitUnclear: 3Unclear
  • 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)
By state

State by state.

Cottage food laws by state
StateBefore sellingState feeAnnual sales capAt marketsEvent food permits fromNotes
AlaskaNo registration or permit——YesState agencyQualifying 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
AlabamaRegistration—No capYesState or local, depending on the areaProducers 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
ArkansasNo registration or permit——YesLocal health departmentNon-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
ArizonaRegistration——UnclearState or local, depending on the areaPreparers 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
CaliforniaRegistration——YesLocal health departmentClass 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
ColoradoNo registration or permit——YesUnclearNo 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
ConnecticutLicense or permit$50$50,000YesLocal health departmentLicensed 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
DelawareLicense or permit$30—YesState agencyThe annual permit costs $30 and is displayed at farmers markets, craft fairs and other approved venues; online and wholesale sales are not allowed. Source
FloridaNo registration or permit—$250,000UnclearState agencyNo 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
GeorgiaNo registration or permit—No capYesState or local, depending on the areaHB 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
HawaiiNo registration or permit——YesState agencyHome-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
IowaNo registration or permit——UnclearState agencyNo 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
IdahoNo registration or permit——UnclearLocal health departmentNo 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
IllinoisRegistration——YesLocal health departmentOperators 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
IndianaNo registration or permit——YesState or local, depending on the areaHome-based vendors need no food permit but must hold a food handler certificate; each market or festival decides whether to admit them. Source
KansasNo registration or permit——UnclearUnclearState 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
KentuckyRegistration$50$60,000YesLocal health departmentHome-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
LouisianaUnclear——UnclearState or local, depending on the areaThe sanitary code excepts home-made jams, jellies, preserves and honey under $5,000 in yearly sales; no cottage food program page was found. Source
MassachusettsLicense or permit——YesLocal health departmentSelling 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
MarylandNo registration or permit—$50,000YesLocal health departmentNo license; products are prepackaged, labeled and sold only in Maryland, including at farmers markets and public events, within a $50,000 sales limit. Source
MaineLicense or permit$20—UnclearState agencyA 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
MichiganNo registration or permit—$50,000YesLocal health departmentExempt from MDARD licensing; yearly gross sales are capped at $50,000, or $75,000 if products sell for $250 or more per unit. Source
MinnesotaRegistration—$78,000YesState or local, depending on the areaYearly 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
MissouriNo registration or permit—No capUnclearLocal health departmentNo permit or license; labels carry the name, address and an uninspected statement, and the 2022 update removed the annual sales cap. Source
MississippiNo registration or permit—$35,000YesUnclearLimited to $35,000 in gross annual sales and an approved list of low-risk foods; sales must be direct to Mississippi consumers. Source
MontanaRegistration$40—YesLocal health departmentOperators 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 CarolinaRegistration——YesLocal health departmentThe 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 DakotaNo registration or permit——YesState or local, depending on the areaState 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
NebraskaRegistration——YesState or local, depending on the areaProducers 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 HampshireNo registration or permit——YesLocal health departmentHomestead 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 JerseyLicense or permit$100$50,000YesLocal health departmentThe 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 MexicoNo registration or permit——YesState agencySince 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
NevadaRegistration—$100,000YesState or local, depending on the areaRegistration 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 YorkRegistrationFree—YesLocal health departmentHome 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
OhioNo registration or permit——YesLocal health departmentExempt 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
OklahomaNo registration or permit—$250,000YesLocal health departmentSales 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
OregonNo registration or permit—$52,700YesLocal health departmentNo 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
PennsylvaniaRegistration$35—YesState or local, depending on the areaA Limited Food Establishment registration costs $35 initially and yearly and includes inspection; registered producers may sell at farmers markets and community events. Source
Rhode IslandRegistration$65$50,000UnclearState agencyRegistration 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 CarolinaNo registration or permit——UnclearState agencyNo 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 DakotaNo registration or permit—No capYesState agencyNo 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
TennesseeNo registration or permit——UnclearState or local, depending on the areaThe 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
TexasNo registration or permit—$150,000YesState or local, depending on the areaNo 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
UtahUnclear——YesLocal health departmentTwo 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
VirginiaNo registration or permit——YesState or local, depending on the areaQualifying home producers need no VDACS permit or inspection and may sell inside Virginia directly to individuals, at any location with some exceptions. Source
VermontRegistration—$30,000UnclearState agencyOperators 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
WashingtonLicense or permit$355$35,000YesLocal health departmentA 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
WisconsinUnclear——UnclearState or local, depending on the areaA 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 VirginiaNo registration or permit——UnclearLocal health departmentNon-potentially hazardous foods are exempt from licensing, permitting and inspection; foods needing temperature control require a Department permit and kitchen inspection. Source
WyomingNo registration or permit—$250,000YesState or local, depending on the areaHomemade 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
Method

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.
Questions

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

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.

  1. https://www.akleg.gov/basis/statutes.asp?media=print&secStart=17.20.332&secEnd=17.20.340
  2. https://www.akleg.gov/basis/aac.asp?media=print&secStart=18.31.050&secEnd=18.31.050
  3. https://www.alabamapublichealth.gov/foodsafety/cottage-food.html
  4. https://www.alabamapublichealth.gov/foodsafety/temp-events.html
  5. https://healthy.arkansas.gov/wp-content/uploads/FarmersMarketGuidelines-7-28-25.pdf
  6. https://healthy.arkansas.gov/wp-content/uploads/temporaryfoodserviceguidelines.pdf
  7. https://www.azdhs.gov/documents/preparedness/epidemiology-disease-control/food-safety-environmental-services/cottage-food-program/r9-8-101-02-cottage-food.pdf
  8. https://www.azdhs.gov/documents/preparedness/epidemiology-disease-control/food-safety-environmental-services/az-food-code.pdf
  9. https://www.cdph.ca.gov/Programs/CEH/DFDCS/Pages/FDBPrograms/FoodSafetyProgram/CFORequirements.aspx
  10. https://www.cdph.ca.gov/Programs/CEH/DFDCS/Pages/FDBPrograms/FoodSafetyProgram/RetailFoodProgram.aspx
  11. https://cdphe.colorado.gov/dehs/cottage-foods
  12. https://cdphe.colorado.gov/dehs/rf/licensing
  13. https://portal.ct.gov/dcp/knowledge-base/articles/cottage-foods/application-process
  14. https://portal.ct.gov/dph/food-protection-program/itinerant-food-vendors
  15. https://regulations.delaware.gov/AdminCode/title16/Department%20of%20Health%20and%20Social%20Services/Division%20of%20Public%20Health/Health%20Systems%20Protection%20(HSP)/4458A.shtml
  16. https://firststeps.delaware.gov/food_temporary/
  17. https://www.fdacs.gov/Business-Services/Food/Food-Establishments/Cottage-Foods
  18. https://www2.myfloridalicense.com/hotels-restaurants/licensing/temporaryevent-guide/
  19. https://agr.georgia.gov/cottage-food-faq
  20. https://dph.georgia.gov/document/document/envhealthfoodfoodservice-rulespdf/download
  21. https://health.hawaii.gov/san/files/2025/09/HAR-11-50-2025-searchable.pdf
  22. https://health.hawaii.gov/san/files/2024/10/SEP-App.pdf
  23. https://dial.iowa.gov/licenses/food-establishments-hotels/cottage-food-law
  24. https://dial.iowa.gov/licenses/food-establishments-hotels/temporary-food-establishments-events
  25. https://legislature.idaho.gov/wp-content/uploads/statutesrules/idstat/Title37/T37CH2.pdf
  26. https://healthandwelfare.idaho.gov/health-wellness/community-health/food-safety
  27. https://extension.illinois.edu/sites/default/files/2024-10/cottage_food_guide.pdf
  28. https://dph.illinois.gov/topics-services/food-safety/retail-food/temporary-food-operations.html
  29. https://www.in.gov/health/food-protection/files/Home-Based-Vendors-FAQ-FINAL.pdf
  30. https://www.in.gov/health/food-protection/temporary-events
  31. 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/
  32. https://www.chfs.ky.gov/agencies/dph/dphps/fsb/FSDocs/hbpupdates.pdf
  33. https://www.chfs.ky.gov/agencies/dph/dphps/fsb/Pages/retailfoodprogram.aspx
  34. https://www.doa.la.gov/media/dtxju50z/51.docx
  35. https://www.mass.gov/info-details/residential-kitchen-questions-and-answers
  36. https://www.mass.gov/info-details/food-establishments-at-events-and-farmers-markets-questions-and-answers
  37. https://health.maryland.gov/qahealth/environmental-health/Documents/MDH%20Cottage%20Food%20Businesses%20Guidelines.pdf
  38. https://regs.maryland.gov/us/md/exec/comar/10.15.03/index.full.html
  39. https://www.maine.gov/dacf/qar/permits_and_licenses/documents/home-license-101.pdf
  40. https://www.maine.gov/dhhs/mecdc/sites/maine.gov.dhhs.mecdc/files/EP%20Mobile%20and%20Temp.pdf
  41. https://www.michigan.gov/mdard/food-dairy/cottage-food/getting-started-faq
  42. https://www.michigan.gov/mdard/licensing/food/service
  43. https://www.mda.state.mn.us/food-feed/cottage-food-producer-registration
  44. https://www.health.state.mn.us/communities/environment/food/license/index.html
  45. https://health.mo.gov/sites/health/files/media/pdf/2026/03/home-based-kitchen-food-prod-guidance.pdf
  46. https://health.mo.gov/business-professionals/food-safety/retail-food-safety/temporary-food-events
  47. https://msdh.ms.gov/page/resources/5375.pdf
  48. https://www.msdh.ms.gov/page/30,0,77,769.html
  49. https://dphhs.mt.gov/assets/publichealth/FCS/CottageFood/cottagefoodfrequentlyaskedquestions2024.pdf
  50. https://dphhs.mt.gov/assets/publichealth/FCS/RetailFood/RetailFoodMCA.pdf
  51. https://www.ncagr.gov/divisions/food-drug-protection/food-program/food-drug-food-program-home-processor
  52. 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
  53. https://www.hhs.nd.gov/health/food-and-lodging/cottage-food
  54. https://www.hhs.nd.gov/health/food-and-lodging/food-and-beverage-establishments/temporary-food
  55. https://nda.nebraska.gov/fscp/foods/cottagefood
  56. https://nda.nebraska.gov/publications/foods/temp_guide
  57. https://gc.nh.gov/rules/state_agencies/he-p2300.html
  58. https://gc.nh.gov/rsa/html/X/143-A/143-A-5.htm
  59. https://www.nj.gov/health/cottagefood/rules-resources/faq/
  60. https://www.nj.gov/health/ceohs/phfpp/retailfood/
  61. https://www.env.nm.gov/foodprogram/wp-content/uploads/sites/8/2025/06/Homemade-Food-Act-FAQ.pdf
  62. https://www.env.nm.gov/foodprogram/retail-food-application/
  63. https://www.leg.state.nv.us/nrs/nrs-580.html
  64. https://agri.nv.gov/Animals/Food_Safety/Food_Safety_Program/
  65. https://agriculture.ny.gov/food-safety/home-processing
  66. https://www.health.ny.gov/environmental/indoors/food_safety/event_guidance.htm
  67. 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
  68. https://odh.ohio.gov/know-our-programs/food-safety-program
  69. https://ag.ok.gov/divisions/food-safety/
  70. https://oklahoma.gov/health/services/licensing-inspections/consumer-health-service/licensure/food.html
  71. https://www.oregon.gov/oda/Documents/Publications/FoodSafety/CottageFoodExemptionFAQENG.pdf
  72. https://www.oregon.gov/oha/PH/HEALTHYENVIRONMENTS/FOODSAFETY/Pages/regs.aspx
  73. https://www.pa.gov/agencies/pda/food/food-safety/limited-food-establishment-
  74. https://www.pa.gov/agencies/pda/food/food-safety/retail-food/fairs-and-other-temporary-events
  75. https://webserver.rilegislature.gov/Statutes/TITLE21/21-27/21-27-6.2.htm
  76. https://health.ri.gov/sites/g/files/xkgbur1006/files/2025-08/RI_Food_Code.pdf
  77. https://agriculture.sc.gov/wp-content/uploads/2025/09/Home-basedFoodProduction2025_digital.pdf
  78. https://agriculture.sc.gov/wp-content/uploads/2025/10/RFEEventAuthorizationApplication2025.pdf
  79. https://doh.sd.gov/media/jskjetg5/farmersmarketguideance.pdf
  80. https://doh.sd.gov/topics/food-lodging-safety/licensure-codes/temporary-food-service/
  81. https://www.tn.gov/agriculture/consumers/food-safety/tennessee-food-freedom-act.html
  82. https://www.tn.gov/health/eh.html
  83. https://www.dshs.texas.gov/retail-food-establishments/permits-retail-food-establishments/texas-cottage-food-production
  84. https://www.dshs.texas.gov/retail-food-establishments/permits-retail-food-establishments
  85. https://ag.utah.gov/regulatory-services/home-consumption-and-homemade-food-act/
  86. https://epi.utah.gov/food-safety/
  87. https://www.vdacs.virginia.gov/pdf/homefoodexemptionsfaq.pdf
  88. https://www.vdh.virginia.gov/environmental-health/food-safety-in-virginia/tfe/
  89. https://www.healthvermont.gov/environment/food-lodging-program/home-based-food-licenses-and-exemptions
  90. https://www.healthvermont.gov/environment/food-lodging-program/temporary-food-service-establishments
  91. https://agr.wa.gov/cottagefood
  92. https://app.leg.wa.gov/WAC/default.aspx?cite=246-215-09200
  93. https://docs.legis.wisconsin.gov/misc/lc/issue_briefs/2025/consumer_protection/ib_wis_cottage_food_law_ag_2025_06_18
  94. https://datcp.wi.gov/Pages/Programs_Services/MobileTempRestaurants.aspx
  95. https://code.wvlegislature.gov/19-35-6/
  96. https://oehs.wvdhhr.org/media/g0gfj10p/sf-4-guidelines-for-operating-a-tempfood-establishment-booklet-revised-2019.pdf
  97. https://agriculture.wy.gov/corecode/uploads/document6/uploaded_pdfs/corecode/title11%207.5.23%20FFA%20Website%20Copy%20(8)_936.pdf
  98. https://agriculture.wy.gov/chs-information
Free for organizers

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.