The term “cottage law” addresses the legal arrangement for the preparation of low risk food production prepared at a home residence.

A “Cottage Food Production Operation” involves a person using their own kitchen facility to produce food items that are not potentially hazardous, including bakery products, jams, jellies, candy, dry mixes, spices and some sauces.

“Cottage laws” are different for every state so home-based bakers and food processors should check with their individual state regulatory agency to learn about specific rules, regulations and labeling requirements. It should be noted that there are states that have no “cottage law” at all and do not allow home food processors to produce food products from home; a licensed commercial kitchen must be use.

Below are links that will direct you to individual state “cottage law” requirements.

Please note that some  states have sketchy information about the regulations regarding the operation of  home food processing. You may need to call the State Department of Agriculture or State Farmer’s Market where you intended to sell your baked goods to locate current rules and regulations.

If you are not able to bake from home or process certain low risk foods from home you may have to rent an incubator kitchen or licensed commercial kitchen from a private owner.

*The information provided on this web page is periodically updated.

A Food Labeling Guide-Guidance for Industry This guidance represents the Food and Drug Administration’s (FDA’s) current thinking on the topic.

ALABAMA
The state of Alabama now allows home-based bakeries. The ruling goes into effect Thursday, April 23, 2009.
Alabama Home Food Processor Regulations(Farmer’s Markets)

INDIANA
Indiana State Department of Health, Division of Food Protection
Homebased Bakery Law Indiana
Phone: 317/233-7360
Email: food@isdh.in.gov

IOWA
Iowa Laws Home Prepared Foods

**KENTUCKY
Kentucky does have a special legislation for home baking and processing but you must grow the main ingredient of the product and it must be a horticultural product. Review the regulations for selling at Kentucky Farmers’ Markets by reading the KY Farmers’ Market Manual.

MAINE
Quality Assurance and Regulation, Division of
28 State House Station Deering Bldg. – AMHI Complex
Augusta, ME 04333-0028
Hal Prince, Director
(207) 287-2161
http://www.maine.gov/agriculture/index.shtml
http://www.maine.gov/agriculture/laws/Chapter345-w-Strike-throughs.pdf

MASSACHUSETTS
House Bill 5182 – An Act establishing the Massachusetts food policy council
Notice to Applicants for a license to manufacture and/or distribute food at wholesale from a residential kitchen
MA Residential Kitchens: Questions and Answers

MISSISSIPPI
Baked goods may be sold at Mississippi Farmers Market only. You must be certified to sell at any MS Farmers Market. Participants may obtain certification by visiting the office of Richard C. Butler (see location below).
Contact: Richard C. Butler
Mississippi Farmers Market
929 High Street
Jackson, MS 39202
Office: 601-354-6573
Fax: 601-354-7330
Email: RichardBu@mdac.state.ms.us

NEW HAMPSHIRE
http://www.dhhs.nh.gov/DHHS/FOODSANITATION/ELIGIBILITY/residential-kitchens.htm
http://www.nh.gov/agric/publications/documents/2008FMNPDirectory.pdf
*There is a NH Farmers Markets Association which you can contact for information regarding the individual markets; each of them has their own By-Laws, and some locales have Health Inspectors which will inspect the Farmers Markets on any given sale day. The website is: www.nhfma.org.

NORTH CAROLINA
North Carolina Department of Agriculture and Consumer Services
Food and Drug Protection Division
Food Regulatory Specialist
4000 Reedy Creek Road
Raleigh, NC 27607
(919) 733-7366
www.ncagr.com
Selling Baked Goods at North Carolina Farmers’ Markets
http://www.agr.state.nc.us/markets/facilities/markets/raleigh/2007-2008_Guidelines.pdf

OHIO
Cottage Food FAQs
Ohio State Cottage Law

OREGON
Oregon Department of Agriculture
Food Safety Division
635 Capitol Street NE
Salem, OR  97301-2532
Phone: 503-986-4720
fsd-expert@oda.state.or.us
Food Safety Division – Domestic Kitchens
Basic Labeling Information

PENNSYLVANIA
Guidance and Requirements for Home Food Processors
Home Food Processors

http://www.agriculture.state.pa.us/foodsafety/lib/foodsafety/homeproc.pdf

TENNESSEE
John W. Sanford
Food Manufacturing Administrator
Regulatory Services/Food and Dairy Section
Tennessee Department of Agriculture
Desk – 615-837-5534
Fax – 615-837-5005
email – john.sanford@state.tn.us
Domestic Kitchen Rules and Regulations
http://tennessee.gov/sos/rules/0080/0080-04/0080-04-11.pdf

VERMONT
The licensing process in Vermont consists of submitting an application, paying a fee and participating in an inspection of your kitchen. If you have a private water system, it would need to be tested. A link to the application is below. Once you receive your application, the Vermont sanitarian will contact you to schedule an appointment.
Application link: http://healthvermont.gov/forms/documents/JULY_2008_APP.pdf
Licensing Contact:
Donna Chandler
Food & Lodging Program
Vermont Department of Health
(802)863-7222
dchandl@vdh.state.vt.us

VIRGINIA
Contact Information for the Virginia Cooperative Extension
http://www.ext.vt.edu/contact/contact.html
http://www.ext.vt.edu/pubs/homebus/354-305/354-305.html#L4

UTAH
Rebecca Nielsen, EHS
Utah Dept. of Agriculture & Food
P.O. Box 146500
350 North Redwood Road
Salt Lake City, UT 84114-6500
801-538-7100 Main
801-860-7075 Cell
Food Compliance
Cottage Food Production Operation

WYOMING
Wyoming Department of Agriculture
Wyoming Cottage Law (Home Food Processing)
Wyoming Guidelines for Farmer’s Markets

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