Cottage Food Laws by State: The Complete 50-State Guide (2026)
Every state now allows some form of cottage food sales — but the rules vary wildly. Wyoming lets you sell $250,000 of homemade dairy and cheesecake. Rhode Island limits you to baked goods. Here's what you can sell, where, and how much in all 50 states.
Stack of delicious homemade cookies on a plate
Want to sell your homemade jam, sourdough, or cookies from home? You can — legally — in all 50 states. The rules range from "basically no restrictions" to "get a license, pass an inspection, and only sell pies."
I went through every state, working from official .gov sources, state departments of agriculture and health, and actual statute text. Here is what I found.
Quick Answer: All 50 states allow some form of cottage food or homemade food sales. 15 states have no annual sales cap. Sales limits in the remaining states range from $25,000 (Michigan) to $250,000 (Wyoming). Most states require labels with a "made in a home kitchen" disclaimer. Only a handful require inspections or food safety certifications.
The most permissive cottage food states in 2026
If you want the most freedom to sell homemade food, these states give you the widest lane:
Wyoming — the gold standard
Wyoming's Food Freedom Act is the most permissive law in the country:
Wyoming specifically prevents any government agency from putting restrictions on homemade food sales. You can even sell to restaurants.
Florida — highest volume, fewest hurdles
Florida matches Wyoming's cap and requires absolutely nothing. No permit, no registration, no inspection, no certification. If you live in Florida and you are not selling homemade food, you are leaving one of the friendliest legal setups in the country on the table.
Georgia — built for growth
Georgia's $300,000 cap for operations with employees is one of the only places where cottage food can scale into a real small business.
Arkansas — true food freedom
Arkansas passed its Food Freedom Act in 2021 and the law lives up to the name:
The law specifically prevents state and local governments from adding restrictions. Products must be sold to "informed end consumers."
Other states with no sales cap
Alaska, Idaho, Iowa, Kansas, Maine, Montana, Nebraska, New Mexico, North Dakota, South Dakota, and Utah also have no annual sales limit. Each has its own requirements — some need registration, some need food safety training — but none cap your revenue.
The most restrictive cottage food states
Not every state makes it easy. Here is where you will hit the most hurdles:
Rhode Island — last to the party
Rhode Island was the last state in the country to pass a cottage food law, signing H 7123 in 2022. The restrictions show it:
If you are in Rhode Island and want to sell anything other than baked goods, you are looking at a full food establishment license.
Connecticut — license, inspection, and certification
Connecticut is one of only a few states that requires a home kitchen inspection before you can start selling.
Delaware — inspection plus 8-hour course
Delaware pulled its $25,000 sales cap in 2023 but kept every other requirement. The 8-hour food safety course and the mandatory inspection make it one of the most burdensome states to start in.
What can you actually sell?
Products allowed under cottage food laws fall into three tiers:
Almost every state allows
Many states allow
Few states allow
Almost no state allows
Can you sell cottage food online?
This is one of the biggest dividing lines between states:
Yes — online sales allowed: Alaska, Arkansas, California, Colorado, Florida, Georgia, Hawaii, Idaho, Iowa, Kansas, Maryland, Montana, Nebraska, New Hampshire (with Homestead License), New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Vermont, Washington, Wyoming
No — in-person sales only: Connecticut (in-state delivery OK), Delaware, Michigan, Mississippi, Nevada (until July 2027), New York, North Carolina, Ohio, Rhode Island
Most states that allow online sales still require in-state delivery. Shipping across state lines is prohibited in nearly every state except North Dakota and Montana, which both passed interstate sales laws (SB 2386) in March 2025.
Annual sales limits: the full breakdown
Sales CapStates No capAlaska, Arkansas, Delaware, Hawaii, Idaho, Iowa, Kansas, Maine, Montana, Nebraska, New Mexico, North Dakota, South Dakota, Utah (Food Freedom), Wyoming $250,000Florida, Wyoming $150,000+California (Class B), Georgia ($150K-$300K) $75,000-$90,000Colorado ($90K), Michigan ($25K), Illinois ($50K-$75K), Ohio ($75K), Oklahoma ($75K), Oregon ($52.7K), Washington ($75K) $50,000Connecticut, Maryland, New York, North Carolina, Rhode Island, Texas, Virginia (pickles limited to $3K) $35,000 or lessMississippi ($35K), Nevada ($35K), New Hampshire ($35K unlicensed), Vermont ($30K), Michigan ($25K)
Notable: Oregon adjusts its cap for inflation every year — $50,000 in 2015, $52,700 in 2026. Nevada's AB 352 (signed 2025) will raise the cap to $100,000, but it does not take effect until July 2027.
Labeling: what every state requires
Nearly every state wants some version of these on your labels:
Sample disclaimer wording by state
Oregon has one unusual requirement: if you have pets in your home, you have to disclose the species on the label (e.g., "A dog is present in the home").
Do you need a food handler certification?
Yes — food safety training required:
No certification required: All other states, including Texas, Florida, Georgia, Arkansas, Wyoming, Kansas, Idaho, Iowa, and North Dakota.
Two-tier systems: states with expanded options
Several states run a basic cottage food tier plus an upgraded tier with more freedom:
If you are just getting started, the basic tier in any of these states lets you test the market with zero or minimal investment. If it grows, you upgrade.
Recent law changes worth knowing
Cottage food laws are changing fast. Major moves in 2024-2025:
How to start selling cottage food: step by step
Step 1: Check your state's specific rules
Find your state on the cottage food compliance pages for the exact sales limit, allowed products, labeling requirements, and registration process.
Step 2: Pick products that do not need refrigeration
The safest bet in any state is shelf-stable baked goods, candy, jams, and dried goods. These are allowed just about everywhere and carry the lowest regulatory load.
Step 3: Get certified (if required)
If your state requires a food handler certification, do it first. Most are online, $10-$15, and take 1-2 hours. Connecticut and Delaware want more intensive courses.
Step 4: Register (if required)
About half the states require some form of registration. Usually free or under $100. Fill out a form with your state's department of agriculture or health.
Step 5: Design compliant labels
Your label needs: product name, your name and address, ingredients, allergens, net weight, and your state's required "home kitchen" disclaimer. Get the exact disclaimer wording from your state's cottage food page. Wrong wording gets you a violation.
Step 6: Start selling at low-risk venues
Farmers markets are the best starting point. They are the most universally allowed venue across all states, they give you direct customer feedback, and they help you dial in pricing and production before you scale up.
Step 7: Track your sales
Even if your state has no sales cap, keep records. Most states require it, and you need them for taxes anyway. If your state has a cap, going over can void your cottage food exemption and force you into a full commercial food license.
Common mistakes that get cottage food producers in trouble
The bottom line
The cottage food movement is growing fast. Laws are getting more permissive, caps are rising, and more product categories are added every year. If you have been thinking about selling homemade food, the legal framework has never been more favorable.
The key is knowing your specific state's rules. A business model that is perfectly legal in Wyoming (homemade ice cream at $250K/year with no license) will get you shut down in Rhode Island (baked goods only with a $65 registration and food handler cert).
Check the cottage food compliance pages for your state, and make sure your labeling is right before the first sale.
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*Looking for more compliance guides? Check out what happens if you build without a permit, do you need a permit to build a fence, or browse the state-by-state permit guides. Need a cost estimate for a home project? Try the free calculators.*