What are cottage food laws?
Cottage food laws let you sell certain homemade foods without a commercial kitchen or restaurant license. Every US state has some version of these laws, but the details vary wildly. What's allowed in Texas might not fly in New Jersey.
If you're a home baker, meal prep seller, or any kind of cottage food seller, understanding these laws is the first step to selling legally and confidently.
The rules almost every state shares
Despite the state-by-state differences, most cottage food laws agree on a few things:
Allowed foods are usually "non-potentially-hazardous"
This means foods that don't need refrigeration to be safe. Think baked goods (bread, cookies, cakes without cream filling), jams, honey, dry mixes, candy, and granola. These items are low-risk because bacteria don't grow quickly at room temperature.
Foods that typically aren't allowed: anything with meat, dairy-based fillings that need refrigeration, canned vegetables (botulism risk), and most savory prepared meals.
There's usually a revenue cap
Most states set a maximum annual revenue for cottage food sellers. This ranges from $25,000 in some states to $75,000 or more in others. A few states (like Wyoming) have no cap at all.
Know your state's limit. If you're approaching it, that's a good problem to have, but you'll need to plan for the next step (commercial kitchen, food business license, etc.).
Labeling is almost always required
Most states require labels on your products that include:
- Your name and home address (some states allow a PO Box)
- The product name
- Ingredients list
- A statement like "Made in a home kitchen not inspected by [state agency]"
- Net weight or volume
- Common allergen disclosures
Don't skip labeling. It protects your customers and protects you.
Sales channels vary
This is where it gets interesting. Some states only allow direct-to-consumer sales (farmer's markets, your front door, online orders with in-person pickup). Others allow you to sell through third-party retailers like local shops or cafes. A few allow shipping within the state.
For most cottage food sellers using OrderPost, you're taking preorders online and doing in-person pickup. That model works in nearly every state.
Where states differ the most
Permits and registration
Some states require no permit at all. Others want a food handler's card, a basic registration, or a home kitchen inspection. California requires a self-certification checklist. Florida requires nothing for under $250k in annual sales (one of the most permissive laws in the country).
What counts as "cottage food"
The list of allowed foods varies. Some states are broad ("all non-potentially-hazardous foods"). Others list specific categories. A few have added foods like fruit pies, certain fermented foods, or pet treats in recent years.
Online sales and delivery
This is the newest frontier. Some states now allow online ordering with delivery. Others still require the customer to pick up in person. A handful allow interstate shipping for specific products.
If you sell through Instagram and use a tool like OrderPost to collect orders, you're doing online ordering with in-person pickup. Check whether your state considers the online order form itself to be a "sale" or just an order. In most states, the sale happens at pickup when money changes hands.
How to find your state's rules
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Search "[your state] cottage food law" and look for results from your state's Department of Agriculture or Health Department. Government sites (.gov) are the most reliable.
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Check the Cottage Food Community (cottagefoodcommunity.com). They maintain a state-by-state directory that's well-researched and updated regularly.
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Join local seller groups. Facebook groups for cottage food sellers in your state are gold. Other sellers have already navigated the permit process and can tell you exactly what's required.
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When in doubt, call. Your county health department can answer specific questions. A 10-minute phone call can save you weeks of uncertainty.
Common mistakes to avoid
Selling items you're not allowed to. Cream cheese frosting, cheesecake, and custard-filled pastries are off-limits in most states. Know the line.
Skipping the label. Even if enforcement is light in your area, labels build trust with customers and protect you if anyone has an allergy issue.
Exceeding the revenue cap without realizing it. Track your sales. A spreadsheet works. When you get close to the limit, start planning for a commercial kitchen or shared kitchen space.
Not pricing correctly. Some sellers underprice because they think cottage food should be cheap. Your prices should cover ingredients, labor, packaging, and overhead, with margin left over. Cottage food laws don't mean you can't charge fairly.
Setting up your first legal sale
Once you understand your state's rules, here's the path:
- Get any required permits or registrations
- Set up your labeling (a label maker or printed stickers work fine)
- Make your product
- Post about it on Instagram or Facebook
- Upload your post to OrderPost to create an order link
- Share the link, collect orders, and do pickup
The legal stuff takes a day or two to sort out. After that, you're set. Most cottage food sellers say the hardest part wasn't the regulations. It was convincing themselves they were ready to start.
Start selling
If you've been sitting on a baking talent because the legal side felt overwhelming, take one step today. Look up your state's cottage food law. You'll probably find it's more permissive than you expected.
Then post your first drop, create your order link, and start taking orders. The pickup logistics and pricing you can figure out as you go. The most important thing is to start.
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