Cottage Food Laws by State

Both the sale and the delivery must stay inside Alabama — the 2021 amendment legalized online sales but not interstate shipping. Fermented and acidified products also need pH verification from a processing authority, not your own meter.

Third-party sellers are for non-TCS foods only: anything that needs refrigeration for safety must be sold by the person who made it. Homemade food cannot be sold to or used by a restaurant or other commercial food establishment, cannot cross state lines, and local rules (for example Anchorage's AMC 16.60.105) can add requirements.

Arizona's delivery rule turns on the food, not the channel: TCS foods and anything containing meat or poultry must be sold and delivered in person by the preparer within two hours to one destination, while non-TCS foods can use vendors, carriers, and delivery platforms. Acidified and fermented foods such as salsa, hot sauce, pickles, and kimchi are on ADHS's approved list but are treated as TCS unless lab-tested. The label must also disclose production in a facility for individuals with developmental disabilities when that applies.

Only non-time/temperature control for safety (non-TCS) foods qualify: no meat, poultry, seafood, or TCS foods (Ark. Code § 20-57-504(b)(3)), and the Arkansas Department of Health also treats dairy products as not allowed. Pickles and other acidified vegetables must reach an equilibrium pH of 4.6 or less using a department-approved or lab-tested recipe, or per-batch testing with a calibrated pH meter, and each batch needs a unique batch number and records (§ 20-57-503(5)(B)).

Delaware deleted its $25,000 sales cap in the December 2023 amendment, but the program is still in-person and in-state only: no online sales, no wholesale or sales to stores or restaurants, and only non-TCS products on the Division's approved list and your own registration.

Only foods on DC Health's approved list (25-K DCMR § 103.5), or foods DC Health approves after reviewing lab pH and water activity results, may be sold. Canning, jarring, and hermetic sealing are prohibited, so jams and jellies are allowed but not canned, and fruit butters are banned. The 2017 regulations still describe a $25,000 revenue limit and farmers-market-only sales, but the D.C. Code has since removed the cap and added retail, online, and wholesale channels.

Dill pickles are named by statute (OCGA 26-2-470(7)) — Georgia is one of the only states that names a pickled product as cottage food. The statutory food list "includes, but is not limited to" its examples, and a cottage food item may be a non-potentially hazardous food or nonalcoholic beverage (OCGA 26-2-470(2)), so whether unlisted acidified or fermented products (salsa, hot sauce, sauerkraut, kimchi, kombucha) or specific beverages qualify is not settled — GDA has not yet adopted implementing rules, so get a written answer from GDA first. Some GDA pages still show the pre-HB-398 label statement and training requirement; the statute's wording controls the label. Counties and municipalities may opt out of third-party (grocery store / restaurant) sales by ordinance under OCGA 26-2-478, so check the local code before pitching a retail buyer.

Pickled, fermented, or acidified products must be plant foods (not melons) with a pH of 4.2 or less or a water activity below 0.88, and any product with cut tomatoes, such as salsa, must be kept at or below 41°F (HAR § 11-50-2). Dried meats and seafood are excluded, and the Department of Health says no vacuum packaging and no canning except jams and jellies. Meeting the pH or water activity limit is the producer's responsibility.

Everything must stay inside Idaho and go to the final consumer: out-of-state shipping, wholesale, and sales to anyone who will resell the product are outside the Act, and the products cannot be used as an ingredient in a restaurant or other food establishment. Keep two years of transaction records (§ 37-208), and give every buyer the exact statement, your name and contact information, and an ingredient list on a sign, label, or card. Guides that describe the former IDAPA 16.02.19 cottage food rule are out of date.

Illinois has no revenue cap (the $36,000 cap was repealed by Public Act 100-0035, effective January 1, 2018), but it is one of the most channel-restricted no-cap frameworks: no sales to stores or restaurants, no wholesale, no consignment, and no out-of-state shipping. The statute lists prohibited foods instead of allowed ones, and the list includes easy-to-miss items: kombucha, pumpkin and sweet potato pies, cut or pureed fresh tomato or melon, and dehydrated tomato or melon. The label statement is long and statutory, and a separate point-of-sale notice (a placard, or a message in the online checkout) is also required.

Indiana now has two home-food tracks. Home Based Vendors (IC 16-42-5.3) sell non-TCS foods with no revenue cap, but the label must include the processing date and the exact statement "…has not been inspected by the Indiana Department of Health. NOT FOR RESALE.", and the vendor must post each label on their website. Homemade buttercream is not allowed (IDOH). Since July 1, 2026, the homestead vendor / small farm track (IC 16-42-5.4) lets producers with up to $1,500,000 in gross sales sell meat and prepared foods from their property or at farmers markets, with its own label statement.

Cottage food must go from you directly to the consumer (in person, or ordered online or by phone and delivered by you, your agent, or mail) and cannot be sold in a store, restaurant, or other food establishment except a temporary food establishment you operate. Home-canned pickles, vegetables, and fruits need a pH or water activity reading on every batch and the canning date on every container. Foods that must be kept hot or cold need a Home Food Processing Establishment license, which is limited to gross annual sales under $50,000.

No cap and no registration, but the exemption covers only direct-to-consumer sales of non-TCS foods: consignment, wholesale, or leaving product with a craft mall, store, or restaurant needs a KDA license, and orders shipped to another state must meet that state's rules as well as federal requirements.

Only shelf-stable foods qualify: products that must be refrigerated or frozen to control microbial growth need a commercial food processing license, and home-canned foods that require pressure cooking cannot be sold (01-001 CMR ch. 345 § 6(D)). Have canned recipes reviewed by a process authority before applying. A local food sovereignty ordinance can exempt direct-to-consumer sales it governs, but never the state meat and poultry inspection requirements (7 M.R.S. § 285), and food made for any other kind of sale must meet state and federal food safety law (§ 286).

The cap is gone but the food list is tiny: baked goods, canned jams or jellies, and dried herbs/herb mixes are the ONLY permitted categories. Also excluded are fruit-garnished baked goods, meringue and cream pies, and "No Sugar Added," "Sugar Free," and hot pepper jams and jellies — DHSS says those "cannot be sold under the Missouri Cottage Law." A SEPARATE Missouri Food Code exemption covers other low-risk foods (fruit butters, sorghum, cracked nuts, packaged spices, dry soup mixes) from an individual stand — but only "where local laws allow," and it adds a point-of-sale placard on top of the label. Stale $50,000-cap references persist even on county health department pages; that cap was repealed Aug. 28, 2022, and the live $50,000 figure now belongs to the separate honey exemption in RSMo 261.241.

Pick your path before you print labels. Registered cottage food operations must use the full label, including a fixed home-kitchen statement in 11-point type, and DPHHS does not allow fermented foods. Local Food Choice Act sales need no label but must be face to face with an informed consumer in Montana, cannot go to restaurants or stores, and may not use meat processed at a licensed plant (MCA 50-49-203(7)).

The rules split on TCS food. TCS foods such as cheesecake are allowed, but they must stay cold, list ingredients on the label, and be delivered by you in person; only non-TCS food may be mailed. The "not inspected / may contain allergens" notice is not a label line: it goes on a sign where you sell at events, and for pickup or delivery sales at your home, on your website, and in every print, radio, TV, or online ad.

The line is the sales channel, not a dollar amount. Home, farm stand, farmers market, and retail food store sales are exempt; selling over the Internet, by mail order, to a restaurant, or to a reseller requires the $150-a-year Class H Homestead Food License and its inspection. Pickles and other acidified foods are a gray area: the DHHS rules still prohibit processed acidified foods, while UNH Extension says they can be made with exact National Center for Home Food Preservation recipes. Confirm with DHHS Food Protection before selling them.

Only non-TCS food qualifies, and NMED reads that narrowly: salsa, pickles and other acidified foods, hot pepper and other vegetable jellies, canned fruits and vegetables, caramel apples, cream cheese frosting, juices, kombucha, and cider are all out. The label information must also appear on any webpage where you sell, and for phone or custom orders you must tell the buyer the item is produced at a private residence exempt from state licensing and inspection and may contain allergens (§ 25-12-3(B)).

No revenue cap, and wholesale to local restaurants, cafes, and grocery stores is allowed — but the approved-products list is narrow. Pickles, relishes, sauces, salsas, and other acidified foods, fermented vegetables, refrigerated items, and roasting or grinding coffee beans are out. Cakes and cupcakes are allowed, but not with homemade buttercream or cream cheese frosting containing dairy or eggs. Pies must be double-crust fruit only.

NC has no formal cottage food law — the Home Processor program is the home-kitchen pathway, and NCDA&CS requires the kitchen inspection before any sales. Most third-party summary sites describe NC as "no cottage food law" without explaining the program that replaces it. The no-pets rule covers any pet that comes into the home at any time, even only at night — decide whether it is a deal-breaker before spending money on anything else. NCDA&CS guidance does not address shipping across state lines; confirm with NCDA&CS before shipping out of state, since federal food law and the destination state's rules would apply.

North Dakota law no longer bars interstate or mail sales: SB 2386 (2025) deleted that ban and left only poultry products barred from interstate transactions. That does not make an out-of-state sale legal everywhere, because federal FDA food law still applies to food shipped across state lines and the destination state may have its own rules. Every sale must still be direct to an informed end consumer for home consumption, and cottage food may not be sold through, or used by, a store, restaurant, or other food establishment.

Renters do not qualify: ORC 3715.01(A)(17) limits "home" to the primary residence occupied by the owner. Acidified foods (salsa, hot sauce, pickles, ferments) are excluded under ORC 3715.025. Refrigerated baked goods (cheesecake, cream pies, custard pies) need a separate home bakery registration ($10/year under ORC 911.02, inspected by ODA). Sales are Ohio-only (OAC 901:3-20-05(F)), and ODA does not list mail order or shipping as an approved channel. Events must be organized by a political subdivision and last seven consecutive days or less. HB 134 (136th General Assembly), which would add a separate Microenterprise Home Kitchen Operation registration, passed the House in November 2025 but had not been enacted as of September 2026.

The LFE registration is not permitted in Philadelphia County. No pets in the home if the home kitchen is used (a closed kitchen door is not enough). Time/temperature control for safety (TCS) foods and low-acid canned foods are never allowed. Acidified foods with a final equilibrium pH between 4.2 and 4.6 need process authority approval, even for in-state sales. PA is the rare state with no cap AND wholesale + interstate channels open under state rules — but the inspection regime, annual renewal, and federal layer for interstate sales are real. Plan 60+ days from application to first sale.

Administration moved from DHEC to the SC Department of Agriculture on July 1, 2024 (Act 60, formerly S.399) — DHEC no longer exists, so any guidance naming it is stale. The 2022 amendment also DELETED "NOT FOR RESALE" from the 44-1-143 label statement, and SCDA's label guide omits it. Act 60 also added S.C. Code 46-57-20, which reprints the pre-2022 law (candy and baked goods only, direct sales only, no wholesale, and a statement beginning "NOT FOR RESALE") without repealing 44-1-143 — SCDA applies 44-1-143, but confirm the label wording and sales channels with SCDA. Acidified products (BBQ sauce, hot sauce, salsa, pickles, relish, pepper jelly, low-sugar jams) are excluded, as are cheesecake, pumpkin/sweet potato pies, cold brew, sourdough starter sold alone, boiled peanuts, pet treats, and — named in the statute itself — aluminum canned goods and charcuterie boards. Subsection (I) lets any contrary local ordinance override the state exemption.

The exemption is tied to in-person sales: the seller must be physically present at the home, a farmer's market, a roadside stand, or another temporary venue and personally hand over the food, so shipping and online-only sales are not covered. Canned goods and the refrigerated or frozen foods added in 2022 (non-heat-processed fermented foods, kuchen, soft pies, cheesecake, cream- or custard-filled baked goods, sauces and pesto, frozen fruit and produce) require food safety training every five years. Two 2025 bills, HB 1179 (labeling and sales changes) and HB 1187 (home-processed poultry and pork), were deferred to the 41st legislative day in committee and did not become law.

The bimodal sales-channel rule catches new TCS producers: non-TCS items move through nearly any in-state channel, including retail shops and grocery stores, while TCS items (added July 2025 and defined by exclusion) must be sold in person. The other trap is treating the label as optional — the exemption depends on giving buyers the producer's name, home address, and phone, the product's common name, its ingredients, and the verbatim statement. The act does not apply to sales outside Tennessee.

The two programs are easy to confuse. A UDAF cottage food registration allows sales to stores, but only for UDAF's list of shelf-stable foods (no refrigerated, custard, cheesecake, canned, or acidified products) and with "Home Produced" on the label. The Homemade Food Act needs no registration and excludes only raw dairy and most meat products, but sales must be direct to an informed final consumer for home consumption, never to a restaurant or store, and the label must say the product is not for resale and was processed and prepared without state or local inspection. Both programs are limited to sales within Utah. A third path, for ready-to-eat food prepared and offered for sale from a home kitchen, is a microenterprise home kitchen permit from the local health department (Utah Code 26B-7-401, 26B-7-416).

The $9,000 acidified-vegetables sub-cap under § 3.2-5130(C)(4) is the hidden trap. Cookies, baked goods, jams, candies, dried products, vinegars, and popcorn under (C)(3) have NO cap — but pickles, salsa, hot sauce, chow-chow, and relish (pH ≤ 4.6) hit a separate $9,000 ceiling. HB 759 (2024) raised this cap from $3,000 to $9,000, and HB 402 (2026) opened phone, internet, and mail sales within Virginia — many third-party summaries still describe the older in-person-only rules.

West Virginia has two different home-kitchen statements. Non-potentially hazardous foods use the 61CSR38 § 7.5.a wording ("non-commercial kitchen"); potentially hazardous cottage foods under the 2026 emergency rule use "non-commercial or home kitchen." The labeling page of WVDA's Farmers Market Vendor Guide (rev. December 2025) prints "non-commercial kitchen establishment," but the legislative rule, WVDA's Labeling Requirements 2026, and WVDA's Labeling FAQ Sheet do not include "establishment." Pickles, sauces, salsas, fermented foods, non-standardized jams and jellies (no sugar added, artificially sweetened, or made with peppers or other uncommon ingredients), cut produce, and foods needing time/temperature control are potentially hazardous and need the WVDA permit, a kitchen inspection billed at $27 per hour, and WVDA label review; canned acidified foods also need process authority approval.

The November 19, 2024 Wisconsin Court of Appeals decision in Wisconsin Cottage Food Association v. DATCP (2024 WI App 69, Appeal No. 2023AP367) reversed the December 28, 2022 Lafayette County Circuit Court order that had extended the baked-goods ruling to unbaked foods, and the Wisconsin Supreme Court denied review. Chocolates, candies, fudge, roasted coffee beans, dried pasta, freeze-dried items, and dehydrator products need a license unless a statute exempts them (popped popcorn has its own exemption, Wis. Stat. § 97.30(2)(b)1.d.). Packaged baked goods still need misbranding-law label basics: name and place of business, net quantity, ingredients, and allergens. A 2025–2026 bill (SB 739 / AB 748) that would have imposed a $40,000 cap with DATCP registration and liability insurance failed to pass on March 23, 2026.