Last reviewed: July 2026
Quick disclaimer: this article is for general information only and isn't legal advice. Cottage food laws vary by state and change often. Always confirm your state's current rules with your state's department of agriculture or health department (links below) before you accept your first payment.
Cottage food laws: quick answers
| Question | General answer |
|---|---|
| Can I sell baked goods from home? | Usually — if the specific product and the way you're selling it are both permitted under your state's law. |
| Do I need a license? | It depends on your state. You may need to register, complete a short training, get a permit, or nothing at all. |
| What foods are usually allowed? | Shelf-stable, lower-risk foods like cookies, breads, brownies, dry mixes, and some cakes. |
| What foods are commonly restricted? | Cheesecakes, custards, cream-filled pastries, and anything that needs refrigeration to stay safe. |
| Can I sell online? | Some states allow it, but delivery and shipping rules vary a lot. |
| Do I need labels? | Usually — ingredients, allergens, your business information, net weight, and a required disclosure statement are common. |
| Is there a sales limit? | Some states cap your annual gross sales; others don't. |
These are general patterns, not universal rules. Use the state resources further down before you accept payment for your first sale.
What are cottage food laws?
Cottage food laws are state-level rules that let you sell certain homemade foods — made in your own kitchen — without renting a commercial kitchen or getting a full restaurant-style food license. Almost every state has some version of this law, but the details differ state to state: which foods qualify, whether you need to register or take a training, where you're allowed to sell, whether online orders are permitted, what your labels must say, and whether there's a cap on how much you can earn from it in a year.
That variation is the whole reason a national checklist can only get you so far — the specific answer for your kitchen depends on which state you're in.
Foods commonly allowed
Most states' cottage food lists lean toward foods that are naturally shelf-stable and don't need refrigeration to stay safe. That commonly includes:
- Cookies, brownies, and bars
- Breads and rolls
- Dry baking mixes
- Candies and confections
- Granola and dry snack mixes
- Fruit pies (no cream or custard filling)
- Unfrosted or simply-frosted cakes (a plain buttercream is commonly allowed; cream cheese frosting is commonly restricted, not just a gray area — a few states permit a shelf-stable version, and a few states restrict frosting further still, so check your state before you decide)
Foods commonly restricted
Foods that need to stay cold to be safe to eat are the ones most states restrict or exclude entirely, because they carry a higher risk of foodborne illness if temperature control slips. Commonly restricted:
- Cheesecakes
- Custards and cream-filled pastries
- Cream cheese frosting, in most states
- Dairy-based fillings
- Any item that requires refrigeration to remain safe
(Meat, poultry, and seafood aren't a cottage food category to begin with — they're regulated separately in every state, so they're not something cottage food law carves an exception for.)
If what you bake sits anywhere near this list, that's exactly the kind of question worth a direct call to your state agency rather than a guess.
Do I need a cottage food license or permit?
It depends entirely on your state. The range runs from "register online in five minutes, no fee" to "complete a food handler training and register with your state" to, in a handful of states, no registration requirement at all. Some states also require a one-time kitchen inspection; most don't.
Before you sell anything, confirm three things with your state's rules:
- Do you need to register, and is there a fee?
- Is a food safety training or certificate required?
- Is a home kitchen inspection required?
Cottage food label requirements
Most states that allow cottage food sales also require a label on every item, even something as simple as a bagged cookie. Commonly required elements:
- Product name
- Your business name and address (or a registration/permit number, depending on your state)
- Full ingredient list
- Net weight
- Your state's required disclosure statement (often something like "Made in a home kitchen not inspected by the state")
The nine major allergens (a labeling standard nearly every state's cottage food law adopts): milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans, and sesame — sesame was added as the ninth in 2023 under the federal FASTER Act. That federal law itself governs packaged foods in interstate commerce and doesn't directly regulate a home-based, in-state cottage food seller — but nearly every state's cottage food law separately requires you to disclose these same nine allergens on your label as a condition of selling. Bottom line for you: disclose all nine, on every label, regardless of which law is technically the one requiring it. (CrumbCoach builds compliant product labels from your ingredient list, with allergens flagged automatically.)
Can I sell online, deliver, or ship?
This is one of the areas where states differ the most. Depending on where you live:
- Online ordering may be allowed only for pickup, with delivery or shipping restricted or banned
- Online sales may be limited to customers inside your own state
- You may be required to show your full label information to the customer before they pay, not just at pickup
- Shipping across state lines is commonly restricted or not allowed at all under cottage food law
Don't assume your storefront's default settings match your state's rules — confirm the online and delivery specifics for your state before you turn on shipping or out-of-state orders.
Where can cottage food businesses sell?
Common permitted venues include farmers markets, farm stands, online orders (subject to the rules above), and direct sales from your home. If you're selling at a farmers market or a specific event, check two sets of rules, not one: your state's cottage food law, and that market's own vendor requirements, which can include liability insurance, a food handler certificate, or label review before you're allowed to set up.
Are there cottage food sales limits?
Some states cap your total annual gross cottage food sales — cross that number and you're expected to move into a licensed commercial kitchen. Other states have no cap at all. Texas, for example, nearly tripled its cap under a 2025 update (SB 541, effective September 1, 2025) — from $50,000 to $150,000 — while also expanding the list of allowed foods and updating labeling rules. That's a good example of how much a single state's law can shift in one legislative session. Whatever your state's number is, it's worth knowing before you're anywhere close to it — and it's far easier to see coming when your sales are tracked in one place instead of spread across a notebook and a payment app.
Find the official rules in your state
General patterns aren't a substitute for your state's actual rules. Below are the official government sources for cottage food law in twelve states — start here, and check back periodically since these rules do change:
- Texas — Texas DSHS
- California — California Department of Public Health (California cottage food law is set at the state level but you register or permit through your county environmental health department, not CDPH directly — CDPH sets the rules, your county administers them)
- Florida — FDACS
- Georgia — Georgia Department of Agriculture
- Illinois — Illinois Department of Public Health
- Michigan — MDARD
- North Carolina — NC Department of Agriculture, Home Processor Program
- Ohio — Ohio Department of Agriculture (PDF fact sheet)
- Pennsylvania — PA Department of Agriculture
- Tennessee — TN Department of Agriculture
- Virginia — VDACS
- Wisconsin — Wisconsin Legislative Council brief (Wisconsin is the exception on this whole list: there's no cottage food statute. Home baking of shelf-stable goods is legal there only because of a 2017 court ruling (Kivirist v. DATCP), not a law — and it covers baked goods only, not candy or other unbaked items. A bill to formally regulate and expand this was still sitting in committee as of early 2026. If you're in Wisconsin, this is worth a direct call to DATCP, not just a web search.)
Not in one of these twelve states? Your state's department of agriculture or health department almost always has a cottage food page — search "[your state] cottage food law" and look for a .gov result first.
Two more things worth checking before your first sale, since they sit outside cottage food law entirely: your city or county's zoning and home-business licensing rules, and any requirements specific to the market or venue where you plan to sell.
Before-your-first-sale checklist
- Read the step-by-step guide to starting a home bakery if you're still setting up
- Confirmed your specific product is on your state's allowed list
- Confirmed your sales channel (market, online, delivery) is permitted
- Completed any required registration, permit, or training
- Labels include ingredients, allergens, business info, net weight, and your state's disclosure statement
- Checked your city or county's zoning and home-business rules
- Checked any market-specific requirements if you're selling at an event
- Have a plan for organizing your first orders so nothing gets lost
- Know your real cost per item so you can price your baked goods profitably
FAQs
Can I sell baked goods from home without a license? In many states, yes — cottage food laws exist specifically so you don't need a full commercial food license. Some states still require a simple registration or short training; a few require nothing at all. Check your state's specific requirement before you sell.
What baked goods can't I sell under cottage food law? The items most states restrict are the ones that need refrigeration to stay safe — cheesecakes, custards, cream-filled pastries, and similar items. Rules vary, so confirm your specific product against your state's list.
Can I sell cottage food online? Sometimes, but rules vary widely. Some states allow online ordering for local pickup only; others restrict delivery or shipping, or limit sales to in-state customers.
Do I need to complete a food safety course? Depends on your state. Some require a short training or certificate before you register; many don't require anything beyond the registration itself.
What does a cottage food label need to include? Commonly: product name, your business name and address (or permit number), full ingredient list, net weight, and your state's required disclosure statement. Nearly every state also requires you to disclose any of the nine major allergens present (milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soybeans, sesame) — the same list the federal FASTER Act uses.
Is there a limit to how much I can sell? Some states cap your total annual cottage food sales; others don't. Check your state's specific cap, if it has one.
Can I sell at farmers markets under cottage food law? Usually yes, but you'll need to satisfy both your state's cottage food rules and that market's own vendor requirements — which can include insurance or a food handler certificate.
What happens if I sell something my state doesn't allow? Enforcement varies, but selling outside your state's cottage food rules can mean fines or being told to stop selling until you're compliant. It's worth a five-minute call to your state agency if you're unsure about a specific product.
Once you know what you can legally sell, make every sale easier to manage. CrumbCoach helps food vendors take payments, track orders, and see what to do next.