Pennsylvania Cottage Food Law

For producers of hot sauce, salsa, pickles, sauerkraut, kimchi, kombucha, and other acid, acidified, or fermented products. Requires written recipes and a process flow approved by the food inspector before registration; initial testing of each recipe by an independent commercial food laboratory (approved only at equilibrium pH 4.6 or below, with 4.2 or below recommended); process authority evaluation and approval when the final pH is between 4.2 and 4.6; a thermal process (such as hot-fill-hold at 180°F) with time and temperature records; and a pH log for every batch — a calibrated meter or pH test strips at pH 4.0 or below, a properly calibrated pH meter between 4.0 and 4.6. For interstate sales, PDA warns that FDA may require process authority review, process filing, and batch testing.

Does Pennsylvania have a cottage food law?

Not in the way most states do. Pennsylvania does not maintain a separate, exempt "cottage food" category. Home-based food production is registered as a Limited Food Establishment (LFE) with the Pennsylvania Department of Agriculture under the Food Safety Act. An LFE registration costs $35 per year, requires an inspection before operating and annual renewal, and authorizes the producer to make non-time-temperature-control-for-safety foods in a residential-style kitchen. The registration is not permitted in Philadelphia County.

Is there a revenue cap on Pennsylvania Limited Food Establishment sales?

No. Pennsylvania imposes no statutory revenue cap on Limited Food Establishment sales. A producer can sell $5,000 or $500,000 from a registered home kitchen and the registration does not change. The constraints that replace the revenue cap are the food list, the inspection regime, and the physical capacity of a residential kitchen.

Can a Pennsylvania Limited Food Establishment sell wholesale to retailers or restaurants?

Yes. This is one of the largest differences between Pennsylvania and most cottage food states. The LFE application lists wholesale in state, wholesale out of state, retail, and internet sales as methods of sale — channels that are closed in Florida and many other states with a true cottage food law, and limited in California to Class B permit holders. Under FSMA, food facilities that wholesale may be required to register with FDA, with exemptions for businesses operated from a private residence and for businesses whose primary sales are retail.

Can a Pennsylvania LFE ship products across state lines?

Under state rules, yes, with federal layers on top. PDA says registration includes internet sales, but businesses selling across state lines might also need FDA registration, and products sold interstate need nutrition labeling unless the producer obtains an FDA small business exemption. For acidified foods sold interstate, PDA warns that FDA may require a process authority review, process filing, and batch testing.

Are acidified and fermented foods allowed under the Pennsylvania LFE program?

Yes, with lab testing, pH records, and process approval. Hot sauce, salsa, pickles, sauerkraut, kimchi, kombucha, chow-chow, and similar products can be produced in a registered LFE if each recipe is tested by an independent commercial laboratory and reaches an equilibrium pH of 4.6 or below (4.2 or below is recommended), the recipe and process flow are approved by the food inspector, and every batch is logged. If the final pH is between 4.2 and 4.6, the recipe and process must also be evaluated and approved by a process authority. Batches at pH 4.0 or below may be checked with a calibrated meter or pH test strips; between 4.0 and 4.6 a calibrated pH meter is required.

How does the Pennsylvania LFE program compare to a cottage food law?

It is more permissive on what you can produce and sell, and more demanding on the production environment. A cottage food law typically grants an exemption from licensing in exchange for limits on revenue, food types, and sales channels. The Pennsylvania LFE program is the opposite trade-off: the state inspects the kitchen, requires registration and annual renewal, bars pets from the home kitchen, and asks for product testing, water testing, and confirmation that local zoning allows the business, but in return imposes no revenue cap, allows acidified and fermented foods, permits wholesale to retail and food service, and allows interstate sales under state rules.