Is It Legal to Sell Homemade Food?
Cottage food laws let many people sell low-risk homemade items — within limits. Here's the general framework.
It depends on your state and what you sell. Most states have 'cottage food' laws that let you sell certain low-risk homemade foods (baked goods, jams, candies) from home, often with limits on revenue, labeling, and where you can sell. Higher-risk foods usually require a licensed commercial kitchen.
Turning a baking hobby into a little income is appealing, and many states make it possible — within a framework called cottage food law.
Cottage food laws
Most states have cottage food laws that allow individuals to make and sell certain low-risk ('non-potentially-hazardous') foods from a home kitchen without a full commercial license. Typical permitted items include baked goods that don't need refrigeration, jams and jellies, candies, granola, and dry mixes.
The common limits
These programs usually come with conditions: an annual revenue cap, specific labeling requirements (ingredients, allergens, and a 'made in a home kitchen' statement), limits on where you can sell (often direct-to-consumer, sometimes not across state lines or online), and sometimes a registration or basic food-safety course. The details vary widely by state.
Higher-risk foods
Foods that need refrigeration — most meats, dairy, canned low-acid foods, and many prepared meals — generally fall outside cottage food rules and typically require a licensed commercial kitchen and inspection. Selling these from home can carry penalties.
This is general information
Cottage food rules differ significantly between states and change over time. Before selling, check your state or local health department's cottage food program, and consider a qualified attorney or your local small-business resource for specifics.
This is general information about common U.S. rules and practice. Rules differ by state, city and country and change over time — confirm with an official source for your area before you rely on it.
Frequently asked questions
Can I sell baked goods from home?
What foods can't I sell from home?
Do I need a license or permit?
Related answers
All of Money →
The law changes. We send a note when it does.
One email a month: what changed, and which of our answers we rewrote because of it.