Cottage food laws: the rules for selling food from home, by state

A cottage food law is a state rule that lets you make low-risk food at home and sell it directly to customers. Without one, selling food from a home kitchen usually means a commercial kitchen, a permit and inspections.

States use different names. Texas says "cottage food production operation." California says "Cottage Food Operation," Class A or Class B. New York calls it a "home processor exemption." Indiana says "home-based vendor." Tennessee calls it the "Food Freedom Act." The idea is the same: small-batch, shelf-stable food, sold to the person who eats it.

Read your own state's page before you act. These themes show up across the 15 states we checked:

• Low-risk foods only. Baked goods, candy, jams, dry mixes, granola and nuts are usually in. Texas, Arizona and Tennessee also let you sell some foods that need refrigeration, under extra rules.
• Meat, seafood and most dairy-based items are out in almost every state. So are canned low-acid foods such as salsa, which need a licensed kitchen.
• Direct sales to the person who will eat the food are the core of every law. Selling to shops or restaurants is banned or limited in most.
• Labels. Expect your name, ingredients, allergens and a home-kitchen statement. The wording is set by your state.
• Training. Several states want a food handler card or a food protection manager course.
• Local rules sit on top. Zoning, HOA, lease and home-business rules still apply in most cases.
• Taxes still apply. Cottage food laws change the food-safety rules, not your tax duties.

Sales caps. Five of the 15 set a general dollar cap: Texas $150,000, Florida $250,000, California (Class A and Class B, adjusted each year), Michigan $50,000 and New Jersey $50,000. Virginia caps only pickles and acidified vegetables, at $9,000. The rest set none in the sources we read.

Registration. California, New Jersey, Arizona, New York, Illinois and North Carolina each want you to register, get a permit or apply before you sell. Texas requires registration only for foods that need time and temperature control. Florida, Michigan, South Carolina, Georgia, Indiana, Tennessee, Virginia and Ohio do not require a state permit for cottage food.

Online ordering. Thirteen of the 15 name online, internet or phone sales in the official rules. Ohio's and North Carolina's pages do not say. Texas allows online orders only when you, an employee or a household member delivers them.

Shipping. Florida, California, South Carolina, Michigan, Virginia and Illinois allow mail or in-state shipping with limits. New Jersey does not allow shipping through common carriers, and New York does not allow shipping out of state. Ohio does not allow sales outside the state.

Whatever your state, the path looks the same. The steps below are the order most people work through. The state pages turn them into a checklist with your state's real numbers.

The table on this page links to each state page. Each page has quick facts, what you can and can't sell, registration and costs, and where you can sell online, by pickup or by delivery. It also covers label wording, a starting checklist and five or six common questions.

Other states have their own cottage food laws too. Search your state department of agriculture or health for "cottage food" or "home processor," open the official page, and read the statute it links. If a secondary site disagrees with the official page, the official page wins.

Canada does not use the term cottage food law. Provinces and territories regulate home-based food businesses, and the details come from the province and sometimes the municipality or local public health unit.

Ontario is one example. The Ministry of Health's guide says home-based businesses may sell food under the Health Protection and Promotion Act and the Food Premises Regulation. You must contact your local public health unit to tell them you are a new food operator. Home-based businesses are subject to periodic inspection, and those that prepare only low-risk foods are exempt from certain requirements such as specified handwashing stations, commercial dishwashing and food handler certification. The guide is dated November 2021, so confirm with your health unit.

In Toronto, a home kitchen where food is prepared for commercial purposes is a food premises, and operators must notify the Medical Officer of Health before starting. Zoning is a separate check. Other provinces differ, so start with your provincial health ministry and your city.

pickup.kitchen is two things. It is a marketplace where people nearby find food businesses and order for pickup or delivery, with no app and no account wall at checkout. It is also the software your kitchen runs on. Cottage food law tells you what you may sell. pickup.kitchen handles the ordering, the pickup and the follow-up.

You get your own ordering site at yourname.pickup.kitchen with a menu, photos, checkout and payments to your own Stripe account, plus a free listing on pickup.kitchen. Set pickup windows and time slots that close when full. Mark a day sold out or closed. Run a weekly drop: open orders Monday, close Thursday night, bake Friday, hand over Saturday.

If you deliver yourself, the delivery tools build and optimize the route, send it to your phone, and take a photo at the door. Every guest lands on one customer list, and you can email them when the next batch opens. Meal plans handle weekly boxes with start and end dates. You can import a menu from a photo or PDF.

Pricing is "Free onboarding. Pay as you use." There is no monthly fee for ordering and no 15 to 30 percent cut. The current rate is 10% per order, and on card orders the customer pays it at checkout.

pickup.kitchen does not decide what is legal for you. Use your state page for that, then use the site to run the business. See the home kitchens page at /for/home-kitchens for how it works day to day.

Checked November 2026 against the official sources linked below. Laws change, so open the official page for your state before you print labels or take your first order. We left out any field we could not confirm on an official page.

This is a plain-language summary, not legal advice. Check with your state and county before you sell.