Cottage Food Laws by State
Cottage food laws let home producers sell foods made in residential kitchens — each U.S. state sets its own revenue cap, approved sales venues, and registration requirements. The 51 entries below summarize how those rules differ across every state plus the District of Columbia.
A free, regularly-updated reference — built for home bakers, jam makers, and small-batch food producers.
Reference content only — not legal advice. Always verify against your state's official source before launching.
Cottage food landscape at a glance
All 51 jurisdictions
Last reviewed
Alabama
AL
Local cities or counties may add their own business license requirements — confirm with your municipality before launching.
Alaska
AK
Limited venues compared with most states. Acidified products face the strictest scrutiny.
Arizona
AZ
If you make pickles, salsas, or anything acidified, the pH-test requirement is real — skipping it puts you out of compliance.
Arkansas
AR
The $25K cap counts gross revenue, not profit. Mind it as you grow.
California
CA
The Class A vs. Class B choice is about indirect retail/wholesale access — not about online sales. Class A can sell online with in-state delivery; Class B unlocks placement on retail shelves and restaurant menus. Pick the class that matches your sales plan, not your channel mix.
Colorado
CO
$20K is one of the tighter caps. Track gross revenue from day one.
Connecticut
CT
Retail outlet sales are not permitted unless produced under a licensed commercial kitchen — cottage food cannot supply local stores.
Delaware
DE
Delaware removed its sales cap in December 2023, but the upfront training cost and direct-only restriction are now the binding constraints.
District of Columbia
DC
DC's ID-number system is uncommon and useful — it preserves your address privacy on every label.
Florida
FL
Florida has the highest cap in the country AND one of the lowest startup burdens. The trade-off: products may only be sold direct to consumers — not wholesaled through retail outlets.
Georgia
GA
Local jurisdictions retain limited opt-out authority for retail sales. Confirm before approaching local stores or restaurants.
Hawaii
HI
Online sales are not permitted under Hawaii cottage food law. Direct only.
Idaho
ID
Idaho's simplicity is genuine — just label correctly and start selling.
Illinois
IL
Retail sales are limited to shelf-stable products only. Anything refrigerated stays direct.
Indiana
IN
HEA 1149 (effective July 1, 2022) removed Indiana's prior $2,500 sales cap, opened online sales and in-state mail order, and preempted local governments from adding requirements. Acidified foods (pickles, salsas, sauces) are still excluded.
Iowa
IA
Iowa has a dual-tier system: shelf-stable is permissive, refrigerated requires registration and caps your revenue.
Kansas
KS
Mail delivery is not permitted. Online ordering with in-person pickup is the workaround.
Kentucky
KY
The permit fee is real — budget for it before launching.
Louisiana
LA
Cap was raised to $30K in recent years — older guides may still show $25K.
Maine
ME
Maine trades higher upfront requirements (state license + inspection) for unlimited revenue potential. Best for serious home bakers.
Maryland
MD
Cap was doubled from $25K to $50K in 2022. Retail-channel sellers face extra requirements; direct-and-mail sellers do not.
Massachusetts
MA
MA delegates regulation to local health boards. There's no statewide cap, but your town may impose one. Call your local board before doing anything.
Michigan
MI
Cap rises to $75K for items priced $250+ per unit (custom cakes). Inflation adjustment begins October 2026.
Minnesota
MN
The two-tier structure is unusual. Most growing bakers cross into Tier 2 within their first year and need the formal registration.
Mississippi
MS
Online ordering with in-person pickup is allowed; mail/courier shipping is not. Direct-to-consumer only — no wholesale.
Missouri
MO
Missouri lifted its cap and opened online sales recently. One of the more permissive states for scaling cottage food.
Montana
MT
Montana's Local Food Choice Act allows almost any homemade food except certain meats. Among the most permissive in the country.
Nebraska
NE
Standard cottage food state — nothing unusual. Watch the cap as you grow.
Nevada
NV
Major reform pending: AB 352 raises the cap to $100K and adds online sales effective July 1, 2027. Plan around the transition.
New Hampshire
NH
Inspection is a real step — budget the time and ensure your kitchen meets the state's checklist before applying.
New Jersey
NJ
NJ was the last state to legalize cottage food (2021). The pre-approved foods list is real — if your product isn't on it, you can't sell it.
New Mexico
NM
State law preempts local bans (overriding Albuquerque's previous prohibition). Direct-to-consumer only — no wholesale.
New York
NY
No revenue cap, but the approved-products list excludes acidified foods, fermented vegetables, and refrigerated items. Cakes, cake pops, and cupcakes ARE allowed (no homemade buttercream or cream cheese frostings). Pies must be double-crust fruit only — single-crust, custard, nut, and meat pies are out.
North Carolina
NC
No formal cottage food law — NC operates a voluntary Home Processor program with no cap but inspection required upfront.
North Dakota
ND
ND is the only state currently permitting interstate cottage food shipments under its own law. If you want to ship across state lines, this is the path.
Ohio
OH
Acidified foods (salsa, hot sauce, pickles, ferments) excluded under ORC 3715.025 — those require a commercial food processing license. Refrigerated baked goods (cheesecake, cream pies, custard fillings) need a separate Home Bakery License ($10/year, kitchen inspection). In-state sales only — no interstate shipping under cottage food.
Oklahoma
OK
Generous and inexpensive — one of the easier states for growing operations. Non-perishable (shelf-stable / non-TCS) products can ship interstate under HB 1032; TCS items must be delivered in person and stay in-state.
Oregon
OR
Cap is inflation-adjusted in 2026 and will continue to rise. Acidified foods (pickles, salsas, hot sauce, ferments) are NOT in the cottage food exemption — going beyond baked goods and other non-TCS items requires the paid Domestic Kitchen license.
Pennsylvania
PA
PA is the rare state with no cap AND wholesale + interstate channels open — but the inspection regime and annual renewal are real. Plan 60+ days from application to first sale.
Rhode Island
RI
$5K cap is functionally a hobby tier. Limited product list.
South Carolina
SC
SC recently expanded the allowed shelf-stable product list and legalized selling at grocery stores.
South Dakota
SD
Among the more permissive food-freedom states. Few hidden requirements.
Tennessee
TN
TN's HB 130 amendment (2024) opened up TCS foods, making it one of the most permissive states for ambitious bakers.
Texas
TX
$150K cap is inflation-indexed. The wholesale path for non-TCS items is unique — few states allow cottage products in retail without a commercial kitchen.
Utah
UT
Utah's microenterprise home kitchen law is the only path in any state to sell homemade meals containing meat.
Vermont
VT
Vermont's Act 42 (2025) tripled the cap from $10K and changed the requirements. Verify against the most current rules.
Virginia
VA
Two caps to watch: $25K general and $3K specifically for acidified products. Most growing bakers stay under both, but track them separately.
Washington
WA
Permissive for shelf-stable only. Anything refrigerated requires the formal exemption path.
West Virginia
WV
Standard cottage food state. Inspection is the main upfront step.
Wisconsin
WI
$5K cap and no online or mail sales. Among the most restrictive caps in the country.
Wyoming
WY
Wyoming's Food Freedom Act is one of the originals — permissive and stable. No reported foodborne illness outbreaks under the law.
How to read these entries
Each state card carries the same four pieces of information. Scan in this order: tier and cap (how generous the dollar ceiling is), venues (which sales channels are open), requirements (registration, training, inspection), and watch-for (the rule producers most often miss).
A subset of states have a full editorial guide with statute citations, special-program details, and complete FAQ coverage — 6 so far, with more on the way. The remaining 45 carry the same field structure at quick-reference depth — enough to know what to ask your state agency before launching.
Cottage food laws change every legislative session. The information here is current as of 2026-05-18, but caps rise, venues open, and rules get amended. Before launching, always verify against your state's official source — the state Department of Agriculture or Department of Health is the authoritative reference.
Companion tools
Free interactive tools that work alongside this reference.
Track your cottage food business in one place
Ardent Seller tracks revenue, batches, labels, and costs for cottage food producers — and the cap tracker flags when you're approaching the line.