Cottage Food Laws by State

Local cities or counties may add their own business license requirements — confirm with your municipality before launching.

The in-person delivery rule under ARS § 36-932(E) catches every new TCS producer: any product containing dairy, meat, or poultry must be sold directly by the preparer and delivered in person within 2 hours to a single destination — no DoorDash, no UberEats, no multi-stop routes. Shelf-stable items (jams, candies, dry mixes, breads) are not subject to the in-person rule and can move through any channel. Also note: the federal 1,000-bird poultry exemption authorizes home-flock processing but does not extend across state lines.

Delaware removed its sales cap in December 2023, but the upfront training cost and direct-only restriction are now the binding constraints.

Dill pickles are explicitly authorized by statute (OCGA 26-2-470(7)) — Georgia is one of the only states that names a pickled product as cottage food — but no other acidified or fermented foods qualify (no salsa, hot sauce, sauerkraut, kimchi, or kombucha). 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.

Idaho's simplicity is genuine — just label correctly and start selling.

Illinois has no revenue cap, but it is one of the most channel-restricted no-cap frameworks in the country — no retail food establishments, no restaurants, no wholesale, no consignment, no interstate sales. The Home-to-Market Act (Public Act 102-0633, effective January 1, 2022) removed the prior $36,000 cap entirely; third-party state-law summary sites that still describe a $36,000 or $50,000 cap are pre-2022. The statute also takes an unusual prohibited-list approach: it lists what you cannot make, not what you can. Acidified and fermented foods (pickles, salsa, hot sauce, kimchi, sauerkraut) are permitted under either a USDA-tested recipe or a written food safety plan plus a laboratory pH test — the most permissive acidified-foods pathway of any no-cap state.

HEA 1149 (effective July 1, 2022) rewrote Indiana's framework at IC 16-42-5.3: it removed the prior $2,500 sales cap, opened online and phone sales plus in-state mail and third-party-carrier delivery, and preempted local add-on rules. Two restrictions survived the reform and catch new producers: (1) acidified foods (pickles, salsas, hot sauces, BBQ sauce) and all TCS/refrigerated foods remain excluded — the allowed jams/jellies must be HIGH-ACID fruit with FULL-SUGAR recipes; and (2) every Home Based Vendor still needs an ANSI-accredited food handler certificate. Sales are direct-to-consumer only ("NOT FOR RESALE") and in-state only — a package crossing the state line shifts jurisdiction to FDA, which does not recognize state cottage food exemptions.

Iowa has a dual-tier system: shelf-stable is permissive, refrigerated requires registration and caps your revenue.

Maine trades higher upfront requirements (state license + inspection) for unlimited revenue potential. Best for serious home bakers.

Missouri lifted its cap and opened online sales recently. One of the more permissive states for scaling cottage food.

Montana's Local Food Choice Act allows almost any homemade food except certain meats. Among the most permissive in the country.

State law preempts local bans (overriding Albuquerque's previous prohibition). Direct-to-consumer only — no wholesale.

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.

NC has no formal cottage food law — the Home Processor program is the only legal pathway. Most third-party summary sites describe NC as "no cottage food law" without explaining the program that replaces it. The no-pets-in-the-home rule applies to the entire residence at all times and is consistently enforced — decide whether it is a deal-breaker before paying any other costs.

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.

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.

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.

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.

Among the more permissive food-freedom states. Few hidden requirements.

The bimodal sales-channel rule catches every new TCS producer: non-TCS shelf-stable items (cookies, breads, jams, pickles, candies) can move through nearly any in-state channel including wholesale to retail; TCS items (anything containing dairy or poultry, added by HB 130 in July 2025) must be sold by the producer in person. Also note: Tennessee is one of very few US states that authorizes acidified foods AND low-acid canned foods at the cottage tier — but the in-state-only rule applies regardless of food category, and crossing a state line shifts jurisdiction to FDA (which does not recognize state cottage food exemptions). The verbatim disclaimer required by T.C.A. § 53-1-118 may not be paraphrased.

Utah's microenterprise home kitchen law is the only path in any state to sell homemade meals containing meat.

The $9,000 acidified-vegetables sub-cap under § 3.2-5130(A)(4) is the hidden trap. Cookies, baked goods, jams, candies, dried products, vinegars, and popcorn under (A)(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; many third-party summaries still quote the outdated number.

The November 19, 2024 Wisconsin Court of Appeals decision in Wisconsin Cottage Food Association v. DATCP (Appeal No. 2023AP367) reversed the December 28, 2022 Lafayette County Circuit Court order that had briefly extended Lasee to non-baked shelf-stable foods. Chocolates, candies, fudge, roasted coffee beans, dried pasta, granola, popcorn, freeze-dried items, and dehydrator products are once again unlawful to sell from home in Wisconsin. Many third-party state-law summaries (Forrager, PickYourOwn, others) still describe Wisconsin as if the December 2022 expansion is in effect; it is not. The 2026 Wimberger legislative proposal would impose a $40,000 cap with DATCP registration + inspection + liability insurance above $10,000 — actively opposed by home bakers as a step backward from the current uncapped Lasee regime.

Wyoming's Food Freedom Act is one of the originals — permissive and stable. No reported foodborne illness outbreaks under the law.