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Cottage food law basics for home bakers

Every US state lets people sell some foods made in a home kitchen, under rules usually called "cottage food laws". The details vary a lot from state to state, so this guide doesn't replace your state's own rules. What it gives you is the map: the questions to answer, and what nearly every state asks for.

What a cottage food law does

Normally, selling food to the public means an inspected commercial kitchen and a food establishment permit. A cottage food law creates an exemption for small producers making lower-risk foods. In exchange, you usually accept limits: which foods, how much revenue, where you can sell, and a label telling buyers the food was made in a home kitchen.

Foods that are usually allowed, and usually not

Usually allowed	Usually not allowed (or extra rules)
Cookies, brownies, bars	Cheesecake, custard and cream pies
Breads, rolls, muffins, scones	Cream cheese or whipped cream frostings and fillings
Cakes with shelf-stable frosting (e.g. buttercream in many states)	Anything containing meat
Fruit pies (not cream)	Foods that must be refrigerated to stay safe
Candy, fudge, granola, dried mixes	Low-acid canned goods

The dividing line is usually whether a food needs time and temperature control to stay safe (often called "TCS" foods). Some states are moving that line. For example, Colorado expanded its law in 2026 to allow some TCS foods under extra conditions, such as registration and a food safety course. So check your state's current list before ruling anything in or out, including frosting types.

The six questions to answer for your state

1. Is my product on the allowed list? Check each recipe, including fillings and frostings.
2. Do I need a permit, registration or license? Some states need nothing for direct sales. Others require registration, a fee, a food handler course, or a kitchen inspection.
3. Is there a sales cap? Many states cap annual gross sales; caps range from modest amounts to six figures, and some are adjusted for inflation each year.
4. Where can I sell? In person, at farmers markets, online, by delivery, by shipping? Many states allow online ordering but require in-state delivery or pickup. Selling to shops or cafés (wholesale) is often not allowed, or needs a different license.
5. What must the label say? See below.
6. What else applies locally? City zoning or home-business permits, HOA or lease rules, sales tax registration, and business registration.

What goes on a cottage food label

States word it differently, but most labels need:

• The product's name (e.g. "Chocolate Chip Cookies")
• Ingredients in descending order by weight, including sub-ingredients (what's in the chocolate chips, for instance)
• Allergens declared in plain language. The federal major allergens are milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soybeans and sesame.
• Net quantity: weight, volume or count. Some states require both US and metric units.
• Your name and address (some states allow city and zip code only)
• The home-kitchen statement, e.g. that the food was made in a home kitchen not inspected by the health department. Many states set the exact wording, and some set a minimum font size. Copy it word for word from your state's rule.
• A permit or registration number, only in the states that require one

Nutrition Facts panel: generally not required for cottage food sold directly to consumers. That can change if you make a nutrient or health claim ("low sugar", "high protein") or sell wholesale, so avoid claims unless you've checked.

Where to find your state's actual rules

• Your state's department of agriculture or department of health. Search "[your state] cottage food". Official .gov pages usually include the allowed foods list and label wording.
• Your county health department, if your state runs the program locally.
• Comparison charts from organizations such as the Farm-to-Consumer Legal Defense Fund are a good overview, but always confirm against the official source. Laws change, and several states changed theirs in 2025–2026.

Good habits even where the rules are light

• Keep pets out of the kitchen while you're producing, and keep production surfaces clean.
• Write allergens on every order form and label, and ask customers about allergies every time.
• Keep a simple log: what you baked, when, the batch, and who bought it. If there's ever a complaint, you'll know which batch it was.
• Take written orders with deposits, so there's a record of what was agreed.
• Look into product liability insurance. It's often inexpensive for small bakers.

Frequently asked questions

Can I ship cookies to other states under a cottage food law?

Usually not. Most cottage food laws cover sales within the state, and many limit or ban shipping. Selling across state lines generally means a licensed commercial kitchen. Check your state's rules on online sales and delivery.

Do I need a business license as well?

Often, yes. Cottage food status deals with food safety. Your city or county may still require a general business license, and you may need to collect sales tax.

Going further

The Home Bakery Business Forms pack includes an order policy and agreement, a weekly production planner, a pickup log and an inventory list: the paperwork side of running a cottage food business.

Disclosure: the templates linked here are made and sold by this site's shop. This is a general overview, not legal or food-safety advice. Cottage food rules vary by state and change often, so always confirm with your state or county agency.