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Compliance · 29 min read

Arizona Cottage Food Law After HB 2042: No Cap, No Fee, and the Broadest Food List in the Country

Arizona has no cottage food revenue cap. Registration is free. Renewal runs on a three-year cycle. And as of September 2024, when HB 2042 took full effect, Arizona became the first state in the country to authorize a meaningful list of time-and-temperature-control-for-safety (TCS) foods — including dairy, USDA-inspected meat, and small-flock poultry — to be produced in a home kitchen and sold without a commercial license. The trade is a stricter handoff rule for those perishable foods (in-person delivery only, two hours maximum, one destination), a mandatory ANSI-accredited food handler card, and a verbatim label disclaimer that may not be paraphrased. This guide walks through what Arizona's framework actually says, what HB 2042 changed in 2024, the in-person-delivery rule that catches every new producer, the retail-venue signage rule, and the three places online guides about Arizona cottage food still get the rule wrong.

Trays of golden-brown meat pies and empanadas plus a quiche arranged on a market table, with additional pastries on a wooden tray in the background, photographed in warm natural light at an outdoor farmers market

A morning in Mesa is two months past the start of summer, which means the kitchen at 6:30 a.m. is the only kitchen anyone wants to be in. By 9 a.m. the air conditioner is the only thing standing between a tray of fresh empanadas and a refrigeration violation. Rosa has been getting up at 5:15 since the third week of May, baking through the cool hours, and packing the morning's work into a cooler by 9:15 so the cooler does the work the kitchen no longer can.

Rosa is also, this Tuesday, looking at a question she could not have asked an Arizona cottage food producer two years ago. The empanadas she has been making for her Saturday market are a beef-and-potato recipe her mother brought up from Sonora. Until September 2024, those empanadas could not legally have been sold from her home kitchen. After HB 2042, they can. The catch is that they have to leave her hand and arrive in her customer's hand within two hours, with the cooler holding the temperature the entire way.

The question is whether the two-hour rule is a constraint she can build around, or a constraint that breaks the recipe she wanted to sell in the first place.

The short version

What Arizona's cottage food framework actually does: Arizona's program lives in ARS § 36-136 and in ARS Chapter 8, Article 2 (§§ 36-931 through 36-933), added by HB 2042 (2024) and implemented by Arizona Administrative Code R9-8-101.02. Administered by the Arizona Department of Health Services. No revenue cap. Free registration, renewed every three years. An ANSI-accredited food handler certificate is required before registration and must stay current. No home kitchen inspection. The home kitchen must be in a residential property of one thousand square feet or smaller, OR in a facility serving individuals with developmental disabilities. The food list now includes shelf-stable baked goods, candies, jams and jellies, dry mixes, roasted nuts, honey, dry pasta, roasted coffee — plus time-and-temperature-control-for-safety (TCS) items that contain dairy, USDA-inspected meat, and poultry under the federal 1,000-bird exemption. Sales channels include direct, farmers markets, online, wholesale to retail food sales establishments, and restaurants — but TCS / dairy / meat / poultry items must be sold directly by the preparer and delivered in person within two hours to a single destination. The label must carry the preparer name, registration number, ingredients, production date, the verbatim disclaimer "This product was produced in a home kitchen that may come in contact with common food allergens and pet allergens and is not subject to public health inspection," and a reference to azdhs.gov/Cottagefood. Excluded: alcohol, unpasteurized milk, fish, shellfish, marijuana products. Out-of-state sales are not authorized.

What HB 2042 actually changed

For the dozen years between Arizona's original cottage food rule and HB 2042, the framework was conventional: shelf-stable foods only, no TCS items, no dairy, no meat, no poultry. The producer registered with ADHS, posted a label disclaimer, and operated within the limits.

HB 2042 was signed by Governor Hobbs on March 29, 2024 and took effect on the general effective date for the 2024 session — September 14, 2024 — when the post-session 91-day clock ran out. The bill did three structurally distinct things.

It carved cottage food out of the general food-handling statute and gave it its own article. Before HB 2042, the cottage food exemption was a paragraph buried inside ARS § 36-136, the section that defines the powers and duties of the ADHS director. After HB 2042, cottage food has its own three-section article — definitions at § 36-931, requirements at § 36-932, enforcement at § 36-933 — that reads as a coherent regulatory framework rather than a footnote inside a larger statute. This is procedurally minor but practically useful: it gave the Department a clean target for the implementing rule at AAC R9-8-101.02, and it gives producers a single place to read the law rather than a paragraph cross-referenced from somewhere else.

It added TCS foods to the allowed list. This is the substantive change. The original cottage food framework was non-potentially-hazardous foods only — the standard "shelf-stable" envelope that almost every state's cottage food law shares. HB 2042 expanded the definition at § 36-931 to include foods that are potentially hazardous or that require time-or-temperature control for safety, provided they fall within a specific set of federal exemptions:

  • Dairy products — pasteurized only; unpasteurized milk products are still excluded. The dairy ingredient itself does not need a special source, but the finished product (a cheesecake, a quiche, a custard pie, a buttercream made with fresh dairy) is now allowed under the framework where it was not before.
  • Meat — from a federally inspected source under 9 CFR § 303.1(d). A cottage food producer cannot raise and slaughter their own beef, pork, or lamb for cottage food use, but they can purchase USDA-inspected meat and use it as an ingredient in cottage food products — sliders, meat pies, empanadas, breakfast burritos.
  • Poultry — either from a federally inspected source under 9 CFR § 381.10(d), or from a small-flock producer operating under the federal 1,000-bird exemption at 9 CFR § 381.10(c). A small Arizona poultry-raising household can now process up to 1,000 birds per year on-farm under the federal exemption AND sell prepared cottage food containing that poultry under the state framework.

It built in the in-person delivery rule as the structural counterweight. This is the part most cottage food producers don't read carefully. The expanded food list is paired with ARS § 36-932(E), which requires that any TCS cottage food product — anything containing dairy, meat, or poultry, or otherwise requiring temperature control for safety — must be:

  1. Sold directly by the food preparer (not by a third-party vendor like a grocery store);
  2. Sold in person, OR sold remotely (online, by phone, by text) for in-person delivery;
  3. Not delivered through a third-party food delivery platform (DoorDash, UberEats, Grubhub, Instacart);
  4. Maintained at the appropriate temperature throughout transport;
  5. Transported to no more than one destination; and
  6. Transported for no longer than two hours from when it leaves the cottage food preparer's home to when it arrives in the customer's hand.

The two-hour window is the binding constraint. A producer in Tucson cannot deliver a refrigerated cheesecake to a customer in Phoenix, because the drive alone is too long. A producer in Mesa can deliver to anywhere in the East Valley and most of central Phoenix without breaking the window, but a delivery to Prescott or to Sedona is not workable under the rule. The "one destination" rule also constrains multi-stop runs: a producer cannot pack twelve quiches in a cooler and drive a six-customer route, because each customer is a separate destination and the rule explicitly says one.

Shelf-stable cottage food — cookies, jams, dry mixes, candies, honey — is not subject to the in-person delivery rule. Those products can move through any channel: a producer may sell them through a third-party retailer, ship them through any in-state delivery method, or hand them to a UberEats driver. The in-person rule applies only to the TCS subset that HB 2042 newly authorized.

What the law now lets you sell

The combined effect of the original framework plus the HB 2042 additions is the broadest cottage food list in the country. The categories below come from the implementing rule at AAC R9-8-101.02 and from the ADHS cottage food program guidance:

Shelf-stable (non-TCS) — no delivery restriction:

  • Baked goods without cream, custard, or meat fillings (breads, rolls, biscuits, cookies, scones, muffins, quick breads, cakes with shelf-stable frostings, pastries without dairy filling, pies without unbaked fresh fruit and not requiring refrigeration)
  • Candies and confections (fudge, brittles, hard candies, dipped chocolates, toffees, caramels, marshmallows)
  • Fruit jams, jellies, preserves, and fruit butters that meet the 21 CFR Part 150 standards of identity
  • Honey and honey products
  • Dry mixes (cake mix, bread mix, brownie mix, dry soup mix, dry seasoning mix, dry baking mix)
  • Granola, trail mix, snack mixes, breakfast cereals
  • Roasted nuts (plain or seasoned)
  • Popcorn, popcorn balls, kettle corn, caramel corn
  • Dry pasta
  • Roasted whole-bean and ground coffee
  • Dried herbs and herb mixtures
  • Vinegars and flavored vinegars

TCS — added by HB 2042, in-person delivery required:

  • Baked goods with fresh dairy or cream filling (cheesecake, cream pies, custard pies, éclairs, cream puffs, dairy-frosted cakes)
  • Quiches, frittatas, savory tarts with dairy or meat fillings
  • Meat pies, hand pies, empanadas, savory pasties with USDA-inspected meat
  • Breakfast burritos, breakfast sandwiches, meat-containing baked goods
  • Pasta dishes with meat or dairy sauces (when sold cold and reheated by the consumer)
  • Foods containing small-flock poultry processed under the federal 1,000-bird exemption
  • Hardboiled whole eggs
  • Meat jerky from USDA-inspected meat sources
  • Reduced-oxygen-packaging is not authorized for TCS cottage food without separate ADHS variance

Excluded categorically:

  • Alcoholic beverages and any food containing alcohol as a non-trivial ingredient
  • Unpasteurized (raw) milk products
  • Fish and shellfish products
  • Marijuana, hemp-derived cannabinoids, CBD, THC, or any cannabis-derived ingredients
  • Pet treats and pet food (regulated separately under Arizona commercial feed law and the federal AAFCO model regulations)

The dairy-and-meat-and-poultry expansion is the single biggest contrast with every adjacent state. California, Nevada, New Mexico, Colorado, and Utah all exclude TCS foods from cottage food entirely. A maker who lives in Tucson and a maker who lives twenty miles south of Tucson in Nogales, Sonora are governed by different food-safety regimes; the Tucson maker can sell a cheesecake under the state cottage food framework and the Mexican maker would do so under a separate Mexican food-handling regime. A maker who lives in Yuma and a maker who lives in El Centro, sixty miles west across the California border, are also governed by different regimes — the Yuma maker can sell a meat empanada under Arizona cottage food; the El Centro maker would need a California commercial food processor license to sell the same product legally.

Registration and the food handler card

The Arizona registration mechanic is unusually clean. There is no fee, no application backlog, and no in-person interaction with the Department.

Step 1 — Food handler training. Before registering, the applicant must complete a food handler course from an ANSI National Accreditation Board (ANAB)-accredited program. The most common courses are ServSafe Food Handler, Learn2Serve Food Handler, StateFoodSafety, and the 360training Food Handler course. These are all available online, typically take 60 to 90 minutes, and cost between $7 and $15. The certificate is issued the moment the test is passed and is valid for three years (matching the cottage food registration cycle).

Note that several Arizona counties — Maricopa, Pinal, Pima — also require a separate county-issued food handler card for general food workers, but the ANSI-accredited course used to register as a cottage food producer satisfies the state cottage food rule regardless of any county overlay.

Step 2 — Online registration. Submit the registration form on the ADHS Cottage Food Program page. The form asks for the applicant's name, home address, contact information, a description of each cottage food product the applicant intends to make, a copy of the ANSI-accredited food handler certificate, and a signed attestation that the applicant has read and will comply with the cottage food rule. The Department processes applications under ARS § 41-1073, which sets the general administrative timeline for licensing and registration decisions in Arizona — the practical turnaround is usually a few business days.

Step 3 — Receive the registration number and start selling. The registration certificate is issued electronically with a unique registration number. The number goes on every product label and is the identifier the Department uses for compliance verification. The registration is valid for three years. Renewal is free, processed through the same online registry, and contingent on a current ANSI-accredited food handler certificate at the time of renewal.

What the framework does not require: a home kitchen inspection, a kitchen-equipment list, a business entity (sole-proprietor operation is fine), or a state-level business license. Most Arizona cities and counties do require a local business license or transaction-privilege-tax (TPT) license for any commercial activity — that obligation is separate from the cottage food registration and runs through the Arizona Department of Revenue TPT system rather than through ADHS.

The total upfront cost to legally start selling Arizona cottage food is, in practice, about $10 for the food handler course plus whatever the local TPT license costs (typically $12 to $50 depending on city). The state registration itself is free. This is one of the lowest startup-cost cottage food frameworks in the country — only the no-registration "food freedom" states (Wyoming, North Dakota) are cheaper, and only by a few dollars.

Three Arizona producers, three sides of the rule

The clearest way to see how the post-HB-2042 framework actually operates is through three composite Arizona producers, each of whom is doing something slightly different and ends up in a different relationship with the rule.

Rosa bakes in Mesa. Empanadas, breakfast burritos, the occasional batch of meat pies. All of her products contain USDA-inspected ground beef or pork, which means all of her products are TCS under the rule. She does about $22,000 a year, almost all of it through a Saturday morning market in downtown Mesa plus a weekday online ordering channel for East Valley delivery. The Saturday market is straightforward: customers buy in person at the booth, the cold chain has held from the cooler in her trunk to the cooler at her booth, and the handoff is hand-to-hand. The weekday online channel is where the two-hour rule binds. Rosa has mapped a delivery window from 11 a.m. to 1 p.m. that covers her ZIP code plus the four ZIP codes adjacent to it; orders outside the window are politely declined with a note that the rule does not authorize the delivery. She is fully compliant, her registration is current, and her food handler card was renewed in March.

Aanya bakes in Scottsdale. She runs a small business selling shelf-stable spice blends, chai mixes, and ghee-flavored cookies — all non-TCS under the rule. She does about $48,000 a year, almost all of it through Etsy with shipping to in-state customers. She also has a small wholesale arrangement with two boutique grocery stores in Old Town Scottsdale that carry her spice tins on a separate shelf with the statutory "homemade and exempt from state licensing and inspection" sign. Because nothing in her product line is TCS, none of her sales are subject to the in-person delivery rule — she can use any shipping method, any third-party retailer, any platform. The $48,000 is well over the cottage food cap in 35 other states and would force a transition to a commercial food processor license almost anywhere else. In Arizona, it is a continuing cottage food operation with no impending transition required.

Marcus bakes in Flagstaff. Sourdough bread, cinnamon rolls, croissants, and a small but growing line of dairy-cream-filled pastries — éclairs, cream puffs, a passion-fruit Bavarian. The bread and the cinnamon rolls are shelf-stable and move freely. The cream-filled pastries are TCS and bind under the in-person delivery rule. Marcus runs a Friday and Saturday booth at the Flagstaff Community Market plus a small Sunday booth at a downtown coffee shop's outdoor space; all three are within walking distance of his home, the cold chain holds, and the handoffs are hand-to-hand. He has been asked twice by a Phoenix-based delivery startup to add his cream-filled pastries to their platform; both times he has declined, because the platform model is a third-party delivery service operating under ARS § 36-932(E)(3) and is structurally not authorized for TCS cottage food. He could sell the dry-bread line through that channel — but the cream pastries cannot move that way regardless of cap.

Three producers, three different relationships with the same rule. None of them is doing anything wrong. Each of them has built their business around what the framework actually allows rather than around what they wish it did.

What goes on an Arizona cottage food label

The label rule at ARS § 36-932(A) and AAC R9-8-101.02 has five required elements, and the disclaimer wording is statutory — paraphrasing it does not satisfy the rule.

Required elements:

  1. Food preparer name and registration number. The name must match the name on the ADHS registration. The registration number is the identifier on the registration certificate. Both must appear on every package.
  2. Complete ingredient list. In descending order of predominance by weight. Sub-ingredients must be shown for compound ingredients (e.g., "imitation vanilla extract (water, sugar, caramel color, natural flavor)"). For TCS products containing meat or poultry, the source description should be specific enough to allow a consumer to identify the protein and any allergens (e.g., "ground beef (90/10 USDA-inspected, sourced from XYZ Ranch)" is best practice, though the source identification is not strictly required by the rule).
  3. Production date. The date the product was prepared, in a format that is unambiguous to a consumer (most producers use MM/DD/YYYY).
  4. Statutory disclaimer. Verbatim, in legible font, on every package: "This product was produced in a home kitchen that may come in contact with common food allergens and pet allergens and is not subject to public health inspection." The wording may not be paraphrased. Producers occasionally try to soften it ("Made with love in our home kitchen") or to shorten it ("Made in a home kitchen — not state-inspected") — both of those phrasings fall outside the rule and would not satisfy a compliance check.
  5. Information statement directing consumers to azdhs.gov/Cottagefood. The Department's cottage food page is the consumer-facing channel for foodborne-illness reporting, registration verification, and complaint submission. The label must point a consumer to the page — most producers use language like "For more information or to report a foodborne illness, visit azdhs.gov/Cottagefood."

Online sales must display the same five elements as a prominent notification on the product listing — not buried in the description, not in a separate FAQ, but visible at the point of purchase. This is the rule that Etsy and Shopify sellers most often miss; the listing's main product description must carry the full label information, including the verbatim disclaimer.

Federal allergen labeling — applies in addition to state rule. The federal Food Allergen Labeling and Consumer Protection Act (FALCPA) and the FASTER Act of 2021 require a "Contains:" statement on the label for any food sold in commerce that contains any of the nine major U.S. allergens — milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans, and sesame. The federal requirement is independent of the Arizona cottage food rule and applies on top of it.

Tamper-evident seal. AAC R9-8-101.02 requires the label to be attached to packaging that includes a tamper-evident seal. A shrink band, a wax seal, a tape seal that visibly breaks when removed, or a heat-sealed bag all satisfy the requirement. A loose label on an unsealed package does not.

The retail-venue path: how to wholesale to grocery stores and restaurants

This is the part of the framework that is structurally different from most other states' cottage food laws. Under ARS § 36-932(E)(4), an Arizona cottage food producer may sell non-TCS cottage food products through a third-party vendor — a retail food sales establishment, a grocery store, a convenience store, a coffee shop, or a restaurant — provided the retailer displays the products in compliance with the statutory signage rule.

The signage rule requires the retailer to:

  1. Display cottage food items in a separate section or display case from commercial products. The display does not need to be a fully separate fixture — a labeled shelf, a labeled basket, or a distinct end-cap section is acceptable as long as the cottage food items are visibly grouped together rather than co-mingled with commercial inventory on the same shelf.
  2. Post a conspicuous sign indicating that the items are "homemade and exempt from state licensing and inspection." The wording is statutory and may not be paraphrased. The sign must be clearly visible to a consumer browsing the section.

The signage rule lives on the retailer side of the transaction — it is the retailer's compliance burden, not the cottage food producer's. But in practice, the cottage food producer is the one who has to negotiate the retail placement and explain the signage requirement to the retailer; many retailers are not aware of the rule until a producer brings it to them. A producer pitching a grocery store should arrive with a sample label, a copy of the ARS § 36-932 text, and an offer to provide the signage materials (a printed shelf-talker is usually sufficient).

The TCS subset cannot be sold through this channel. A producer's empanadas, quiches, cheesecakes, or meat pies can only be sold directly by the producer and only delivered in person. Only the shelf-stable subset — baked goods, jams, candies, dry mixes, roasted nuts, honey — can move through the retail-venue path.

This is the rule that puts Arizona structurally ahead of most other cottage food states for shelf-stable producers who want to scale through retail placement. California Class A and Class B both authorize retail, but only inside the cap and under county-by-county permitting. Texas, Florida, and Washington do not authorize cottage food wholesale at all. Georgia opened the wholesale path in 2025 under HB 398 with similar signage requirements. Arizona has had the wholesale path since the original framework and HB 2042 left it in place — the producer-side rules did not change.

How Arizona compares with its neighbors

Producers thinking about which state's framework to operate under often look at adjacent jurisdictions. Arizona shares borders with California, Nevada, Utah, Colorado, and New Mexico — and the cottage food frameworks in those five states diverge from Arizona's on every dimension.

State Cap Registration TCS allowed Online Wholesale Acidified
Arizona None Free Yes (dairy/meat/poultry under federal exemptions) Yes Yes (non-TCS only) Limited
California $75K Class A / $150K Class B (CPI-indexed) County registration or permit No Yes (in-state) Class B only No
Nevada $35,000 County permit No Limited No No
New Mexico $35,000 State registration No No No No
Utah None (Home Consumption and Homemade Food Act) None No Yes (in-state) No Limited
Colorado $20,000 None (training only) No Yes No No

The two dimensions where Arizona is structurally distinct: TCS allowed (Arizona is the only adjacent state authorizing dairy, meat, and poultry under the cottage food tier) and wholesale plus online with no cap (Arizona and Utah are the only no-cap states, and Utah does not authorize TCS items, restricting the practical food list considerably).

A producer who lives in the Phoenix metro and wants to sell empanadas, quiches, or cream pies has no analogous framework available in any of the five adjacent states; the next-cheapest legal path in California, Nevada, New Mexico, Utah, or Colorado is a commercial food processor license with a commissary kitchen, which runs roughly $1,500 to $5,000 in front-end cost plus ongoing kitchen rent. The Arizona framework allows the same food list to be produced from a home kitchen for the cost of a $10 food handler course.

A producer who lives in Yuma and wants to sell into the Imperial Valley (across the California border) cannot do so under either state's cottage food framework — the moment the package crosses the state line, federal FDA jurisdiction applies. The cottage food framework is bounded by the state, regardless of how close a customer is to the producer's home.

Three places the internet gets Arizona cottage food wrong

Several third-party state-law summaries and aggregator pages still describe the pre-HB-2042 framework. The three most consequential errors:

"Arizona cottage food does not allow dairy / meat / poultry." This was true through September 2024. It is no longer true. HB 2042 expanded the food list to include dairy products, meat from federally inspected sources, and poultry from federally inspected sources or from small-flock producers operating under the federal 1,000-bird exemption. Any guide that lists Arizona's cottage food food list and does not include the dairy/meat/poultry additions is using pre-HB-2042 data.

"Arizona cottage food has a $10,000 cap" (or "a $25,000 cap"). This is wrong, and it has been wrong since the framework's inception. Arizona has never had a statutory revenue cap on cottage food sales — the original framework did not impose one, and HB 2042 did not change that. Sources that quote a dollar cap for Arizona are conflating Arizona with a neighboring state (most commonly Nevada at $35,000 or New Mexico at $35,000) or with the cap in another state's framework.

"Arizona allows interstate cottage food shipping." It does not. ARS § 36-932 and AAC R9-8-101.02 do not authorize sales outside Arizona, and federal FDA jurisdiction picks up the moment a package crosses a state line regardless of state law. The Arizona framework allows in-state online sales and in-state wholesale — but not out-of-state shipping. A producer who wants to ship out of state needs a commercial food processor license and FDA food facility registration.

If a source describes Arizona cottage food in terms that conflict with ARS § 36-931 or AAC R9-8-101.02, the statute and the implementing rule control.

When the framework is and isn't the right home

For most Arizona home producers who are making cottage-food-eligible items, the framework is the right home — usually permanently. The combination of no cap, free registration, and the unusually broad food list means that there is no built-in reason to graduate out of the framework as the business grows. A producer doing $12,000 a year and a producer doing $120,000 a year are governed by the same rules, file the same labels, and operate on the same three-year renewal cycle. Most other states' cottage food frameworks have a built-in graduation pressure — a cap that eventually pushes successful producers into a commercial license — that Arizona simply does not have.

The framework is not the right home for three specific situations:

Interstate sales. If the producer's business model depends on shipping outside Arizona — selling through Etsy to a national customer base, fulfilling Amazon orders, mailing to out-of-state customers — the cottage food framework cannot accommodate it regardless of cap or food list. The next legal home is a commercial food processor license (typically through an Arizona Department of Agriculture or local health department permit) plus FDA food facility registration. The combined front-end cost is in the $1,500 to $3,000 range plus commissary kitchen rent.

Marketplace-driven TCS delivery. If the producer wants to sell TCS items (cheesecakes, empanadas, quiches) through a third-party delivery platform like DoorDash or UberEats, the in-person delivery rule under ARS § 36-932(E)(3) explicitly prohibits it. The producer either accepts the in-person delivery constraint (and structures the business around a tight geographic radius and direct-to-consumer handoffs), pivots the menu to non-TCS items only, or moves to a commercial food processor license that authorizes any delivery method.

Restaurant or food service operation. The cottage food framework is for packaged goods sold to consumers. A producer who wants to operate a restaurant, a food truck, a catering business, or a microenterprise home kitchen serving prepared meals is operating outside the cottage food rule and needs a different license — typically through the relevant county health department under the standard retail food establishment code, or through the state's commissary kitchen rules for mobile food units.

For everyone else, the framework is the framework, and it is the most permissive cottage food regime in the southwest.

Worked example: what $36,000 of Arizona cottage food actually costs to run

To make the framework concrete, here is a year of expenses for a hypothetical Phoenix-area producer doing about $36,000 in gross cottage food sales — a mix of shelf-stable spice blends sold online and at farmers markets, plus a smaller line of TCS empanadas delivered in person on Tuesdays and Thursdays:

Category Amount
ADHS cottage food registration (averaged across 3-year cycle) $0
ANSI-accredited food handler course (averaged across 3-year cycle) $4
Phoenix Transaction Privilege Tax (TPT) license (averaged) $15
Ingredients (spices, flour, ground meat, dairy, produce) $8,200
Packaging (jars, tins, kraft boxes, labels, tamper seals) $2,100
Farmers market booth fees ($35/week × 36 weeks) $1,260
Insurance (product liability, $1M coverage) $340
Cold-chain equipment (coolers, gel packs, thermometers, depreciation) $180
Etsy listing + transaction fees (~8% blended) $920
In-person delivery mileage (TCS deliveries, IRS standard rate × ~600 mi) $402
Quarterly estimated tax (federal SE + AZ income tax) varies
Direct + operating costs ~$13,421
Gross sales $36,000
Net before owner labor ~$22,579

The state-fee component is essentially zero — $4 a year averaged across the three-year cycle is below the noise floor of any other expense category. The structural cost of operating under the Arizona framework is the in-person delivery mileage for the TCS portion (about $400 a year for a producer doing roughly two delivery runs per week within a tight geographic radius) and the cold-chain equipment. A producer who could ship the same TCS items through a third-party delivery platform would save the delivery mileage and most of the cold-chain capital cost, but the rule does not allow that — so the cost is what the cost is.

For a producer who wants to think systematically about the cost structure, the true hourly wage load — including the in-person delivery hours that cannot be charged to the customer separately — is the more revealing number than the gross margin. The framework's no-cap, no-fee headline rate is real, but the in-person delivery rule does carry a real time cost that doesn't show up in any state-fee line.

Quick reference: the things to track if you operate under the rule

For a producer operating under the Arizona cottage food framework, four things are worth tracking from the first day:

  1. Food handler certificate expiration. Most ANSI-accredited courses certify for three years. Mark the expiration date and renew at least 60 days in advance so the renewal lands before the certificate lapses. A lapsed certificate during the cottage food registration period is a compliance issue.
  2. Registration renewal date. Cottage food registrations run for three years. Mark the renewal date and budget the (zero-dollar) renewal cycle — the cost is in your time, not in money.
  3. In-person delivery log for TCS products. For producers selling TCS items, keeping a delivery log — order date, customer name, delivery address, departure time from your home, arrival time at the customer, temperature reading on the cooler at arrival — protects against a future complaint or inspection. The rule does not require the log, but a producer who has one is in a much stronger position if the Department asks for documentation of compliance with the two-hour and temperature rules.
  4. TPT (sales tax) collection and remittance. Arizona's Transaction Privilege Tax is the state-level sales tax for retail activity. The cottage food framework does not exempt producers from collecting and remitting TPT on sales to consumers. The rate varies by city; for most Phoenix-area producers, the combined state + city rate is in the 8 to 9 percent range. The TPT license registration is separate from the cottage food registration and runs through the Arizona Department of Revenue.

Producers using inventory and recipe tracking software like Ardent Seller naturally track gross sales by channel and ingredient costs by batch as part of their normal workflow — which means the TPT remittance and the year-end income figure are numbers you already have, not numbers you have to reconstruct from receipts. For producers running TCS deliveries, recording the delivery time stamps and cooler temperature in the same place you record the sale closes the documentation loop without adding a separate logbook.

  • Washington Cottage Food Law — Washington's $35,000 capped framework is the structural opposite of Arizona's no-cap regime, and the two-path Cottage Food Permit vs. Food Processor License model contrasts sharply with Arizona's single-tier expansion.
  • California Cottage Food Law — California is Arizona's largest neighbor and the most-trafficked cottage food market in the country. The Class A vs. Class B tier framework, the indexed caps, and the categorical TCS exclusion all sit on the opposite side of how Arizona handles the same questions.
  • Hot Sauce Compliance and the FDA Acidified-Foods Framework — what kicks in for an Arizona producer who wants to make hot sauce, salsa, or pickled vegetables at scale: the FDA 21 CFR 114 framework that applies on top of any state-level rule once acidified foods enter interstate commerce or move beyond what the state framework authorizes.

Free resources

Three free downloads from the Ardent Workshop library that pair well with this post:

  • Cottage Food Laws by State: The 50-State + DC Quick Reference — the full 51-jurisdiction PDF that this Arizona guide is the deep-dive companion to. Useful for comparing Arizona's framework against neighboring states or for confirming the rule in any other state where a customer or vendor relationship crosses a border.
  • Cottage Food Revenue Cap Tracker — an interactive tracker that runs year-to-date gross sales against the cap for the producer's state. For Arizona producers it confirms the "no cap" framing in real time; for producers in adjacent states (California, Nevada, New Mexico, Colorado, Utah) it surfaces the much tighter limits that apply across the border.
  • Schedule C Tax Expense Tracker — an Excel workbook that pre-organizes maker-business expenses (ingredient costs, packaging, market fees, delivery mileage, home-office) in the Schedule C categories the IRS expects, with a year-end summary the CPA will recognize on sight. Pairs naturally with the in-person delivery mileage that an Arizona TCS producer is going to want to log anyway.

Use Ardent Seller's recipe and batch tracking to keep ingredient costs, gross sales, batch lots, and the production-date label field in one place — so the cottage food disclaimer, the TPT remittance, and the year-end conversation with a tax preparer are all numbers you already have, not numbers you have to reconstruct.


This article is provided for educational purposes only and does not constitute legal, regulatory, food-safety, or health advice. Cottage food laws, labeling rules, registration requirements, and Arizona Administrative Code provisions vary by jurisdiction and change frequently. Consult the Arizona Department of Health Services, your local health department, a qualified compliance consultant, or an attorney before making compliance, safety, or business decisions based on this content.

Frequently asked questions

Yes. Arizona's framework lives in [ARS § 36-136](https://www.azleg.gov/ars/36/00136.htm) and in the new [ARS Chapter 8, Article 2 (§§ 36-931 through 36-933)](https://www.azleg.gov/legtext/56leg/2r/laws/0018.htm) added by HB 2042 (2024), implemented by [Arizona Administrative Code R9-8-101.02](https://www.law.cornell.edu/regulations/arizona/Ariz-Admin-Code-SS-R9-8-101.02), and administered by the [Arizona Department of Health Services](https://www.azdhs.gov/preparedness/epidemiology-disease-control/food-safety-environmental-services/cottage-food-program/index.php). A cottage food product is defined as food prepared in a home kitchen by or under the direct supervision of an individual registered with the Department, sold in compliance with the article. Operating under a valid registration exempts the producer from the licensing and inspection regime that would otherwise apply to a retail food establishment.

There is no cap. ARS § 36-931 et seq. and the implementing rule at AAC R9-8-101.02 do not impose any annual gross-revenue ceiling on cottage food sales. A registered Arizona producer can sell five hundred dollars or five hundred thousand dollars a year of cottage food and the framework does not change. Arizona is in the small group of "food-freedom" states — alongside Wyoming, North Dakota, Maine, Utah, Iowa, Alabama, and now post-HB-398 Georgia — that have no statutory revenue cap on cottage food sales. The constraints that replace the cap are the food list, the labeling rule, the in-state-only restriction, and the in-person-delivery rule for TCS items.

No permit, no license, and no fee. Arizona requires registration with the Arizona Department of Health Services online registry, which is free. The registration is renewed every three years per AAC R9-8-101.02(F). Before registering, the applicant must complete a food handler training course from an ANSI-accredited program and submit proof of certification with the registration. The food handler certificate must remain current for the entire registration period (most ANSI-accredited courses certify for three years, but check the specific course). The state does not inspect the producer's home kitchen as part of registration — Arizona, like several other no-cap states, relies on the certified food handler training and the labeling disclaimer rather than an in-person inspection.

Substantially more than most states allow, and meaningfully expanded by HB 2042. The non-TCS (shelf-stable) categories include baked goods (breads, rolls, biscuits, cookies, cakes), candies and confections, fruit jams, jellies, preserves and fruit butters, dry herbs and spice mixtures, dry baking and bean mixes, granola and trail mixes, roasted nuts, popcorn, honey, dry pasta, and roasted coffee. HB 2042 (effective September 2024) added time-and-temperature-control-for-safety (TCS) foods that contain dairy products, meat from federally inspected sources under 9 CFR § 303.1(d), and poultry either from inspected sources under 9 CFR § 381.10(d) or from a small-flock producer operating under the federal 1,000-bird exemption at 9 CFR § 381.10(c). Hardboiled whole eggs and meat jerky from approved sources are also permitted. Excluded categorically are alcoholic beverages, unpasteurized milk products, fish and shellfish products, and any product containing marijuana, hemp-derived cannabinoids, or other cannabis-derived ingredients.

Yes to both, with one channel-specific rule for perishable items. ARS § 36-932(E) authorizes Arizona cottage food sales through the food preparer, an agent of the food preparer, or a third-party vendor (including grocery stores, retail food sales establishments, and restaurants). Online sales are permitted with the same label information surfaced as a prominent notification on the listing. The one structural restriction: cottage food products that are TCS foods or that contain dairy, meat, or poultry must be sold directly by the preparer (in person or remotely) and delivered in person — not through a third-party delivery platform like DoorDash, UberEats, or Grubhub. Non-perishable cottage food products can move through any channel and any delivery mechanism. The other limit is geographic: Arizona cottage food sales are limited to Arizona, because federal FDA jurisdiction picks up the moment a package crosses a state line and does not recognize state cottage food exemptions.

For any cottage food product that is a TCS food or contains dairy, meat, or poultry, ARS § 36-932(E) requires that the product be sold directly by the food preparer (not by a third-party vendor and not via a third-party food delivery platform), delivered in person to the consumer, maintained at the appropriate temperature during the entire delivery, transported to no more than one destination, and transported for no longer than two hours. The rule does not prohibit online ordering — a customer may order a refrigerated quiche through the producer's website — but the handoff must be hand-to-hand and the cold chain must hold for the entire two-hour window. The rule is the principal reason Arizona's expanded TCS food allowance is workable: it pushes the food-safety burden onto a direct producer-to-consumer relationship with a documented temperature window, rather than into a marketplace channel where the temperature cannot be verified.

Five elements, with the disclaimer wording set by statute. The food preparer's name and registration number. A complete ingredient list. The production date. The verbatim statutory disclaimer required by ARS § 36-932(A)(3): "This product was produced in a home kitchen that may come in contact with common food allergens and pet allergens and is not subject to public health inspection." And an information statement directing consumers to the Arizona Department of Health Services website at azdhs.gov/Cottagefood for foodborne-illness reporting, registration verification, and complaint information. Labels must be legible, attached to the package with a tamper-evident seal, and (for online sales) the same information must be displayed as a prominent notification on the product listing. The federal allergen-labeling requirements under FALCPA and the FASTER Act — milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans, sesame — also apply to all foods in commerce regardless of cottage food exemption.

Arizona has the most permissive cottage food framework in the southwest by a wide margin. California limits cottage food to two tiers ($75,000 Class A direct-only and $150,000 Class B with limited wholesale, both indexed by California CPI) and excludes acidified foods, refrigerated items, and TCS foods entirely. Nevada caps cottage food at $35,000 and requires a county health permit. New Mexico has a $35,000 cap and registration requirement, with retail authorized only under a more restrictive in-state-only food processor permit. Utah is a no-cap food-freedom state but does not authorize TCS foods at the cottage food tier. Colorado caps at $20,000 and excludes TCS, refrigerated, and acidified foods. The post-HB-2042 Arizona framework — no cap, free registration, TCS allowed under federal exemptions, online and wholesale and restaurant sales all on the table — is structurally distinct from every adjacent state.