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Cottage food laws: selling homemade food legally

If you want to sell cookies, jam, or granola made in your own kitchen, cottage food laws are what make it legal. They're a state-by-state framework — not an FDA program — so the details vary, but the shape is remarkably consistent. Here's what qualifies, what your label must say, and where the limits are.

Updated August 6, 2026 · 4 min read · Sourced from FDA guidance

Cottage food is state law, not federal

Unlike the Nutrition Facts panel, cottage food is regulated by your state — usually its department of agriculture or health — not the FDA. Every U.S. state now has some pathway to sell home-kitchen foods (New Jersey was the last to allow it, in 2021), but the specifics differ, so your state's rule is always the final word.

What foods qualify

Cottage food laws cover non-potentially-hazardous foods — also called non-time/temperature-controlled-for-safety (non-TCS) foods. These are shelf-stable items that don't need refrigeration to stay safe: baked goods (breads, cookies, muffins), jams, jellies and high-acid preserves, hard candy, fudge and caramel corn, dried herbs, spices and mixes, and granola.

Generally excluded: anything that needs refrigeration (cheesecakes, cream-filled items, cream-cheese frostings), canned low-acid vegetables, and meat or jerky — which is USDA-regulated and outside cottage food in nearly every state (a few 'food freedom' states such as Wyoming and North Dakota are exceptions). If your product needs a fridge, it usually needs a commercial kitchen. To see where meat products fall, check FDA vs. USDA jurisdiction.

The label almost every state requires

Cottage food labeling borrows heavily from the federal food-label basics. Across states, your label typically needs:

  1. The product name.
  2. Your business name and address — some states prohibit a P.O. box, or let you use a state-issued ID number instead of your home address.
  3. An ingredient list, in descending order by weight — the same principle as commercial labels.
  4. An allergen declaration for any major allergen present — never list 'nuts' generically; name the specific allergen. See allergen labeling.
  5. The net quantity (weight or count).
  6. The home-kitchen disclaimer — required in roughly 40 states — with wording along the lines of 'Made in a home kitchen that is not inspected by the health department.'
Important

The single most common — and most costly — cottage food violation is a missing or vague allergen statement. Listing 'nuts' instead of 'walnuts,' or omitting the statement entirely, is exactly the gap that leads to a serious reaction and liability. Name every allergen explicitly.

The limits to know

  • Where you can sell: most states allow direct-to-consumer sales (farmers markets, roadside stands, from home) and increasingly in-state online or delivery — but interstate sales are generally prohibited. Cottage food is intrastate by design.
  • How much you can sell: many states cap annual cottage food revenue, often somewhere in the $25,000–$50,000 range; some set no limit.
  • Registration or training: some states require a permit, registration, or a food-safety course before you start.
Note

Because these rules are state-specific and change often, confirm the current details with your state's department of agriculture or health before you sell. The categories above are the common shape, not a substitute for your state's actual law.

Getting your labels right

Even though most states don't require a full Nutrition Facts panel for cottage food, an accurate ingredient list, allergen statement, and net weight still matter — and getting the nutrition right builds trust and readies you to scale. The recipe nutrition calculator works out per-serving nutrition from your ingredients, and if you grow into a commercial kitchen, the Nutrition Facts label generator produces the FDA panel you'll then need. New to selling? Start with the small-business labeling guide.

Frequently asked questions

Do I need FDA approval to sell homemade food?
No. Cottage food is regulated by your state, not the FDA, and the FDA does not approve food labels. You follow your state's cottage food law, which sets which foods qualify and how to label them.
What foods can I sell under cottage food laws?
Non-potentially-hazardous, shelf-stable foods that don't need refrigeration — baked goods, jams and jellies, hard candy, dried herbs and spices, and granola. Refrigerated foods and meat or jerky are generally excluded.
What has to go on a cottage food label?
Typically the product name, your business name and address, an ingredient list in descending order by weight, allergen declarations, the net quantity, and a 'made in a home kitchen' disclaimer. Exact wording varies by state.
Can I sell my homemade food in another state?
Usually not. Cottage food sales are almost always limited to within your own state; interstate sales require commercial FDA- or USDA-regulated facilities and labeling.
Is there a limit on how much cottage food I can sell?
Many states cap annual cottage food sales, often around $25,000 to $50,000, while some set no limit at all. Check your state's specific cap.

Sources

Related tools & guides

This guide is general educational information, not legal advice, and labeling rules can change. Your obligations depend on your specific products, claims, sales, and state. Verify your situation against the current FDA guidance and eCFR linked above, or consult a qualified food-labeling professional, before printing a label.