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Cottage food law, state by state

General information, not legal advice. Rules change, and counties add their own. Check with your state and county before you start selling.

"Cottage food" is the term most states use for food made in a home kitchen and sold directly to customers. What it covers, and whether your state uses the phrase at all, differs by state.

Two questions decide whether you can start this month: what you have to do before your first sale, and how much you are allowed to sell in a year. Both are here for all fifty-one jurisdictions, and every row links to the page it was read from.

Sourced, dated, and corrected in the open. How we check these facts

StateBefore you can sellAnnual sales cap
AlabamaNo permitNo cap
AlaskaNo permitNo cap
ArizonaRegistrationNo cap
ArkansasNo permitNone stated
CaliforniaRegister, or a permit with inspection$88,878 or $177,756 in 2026
ColoradoNo permit$10,000 a product, $150,000 from 1 Jan 2027
ConnecticutPermit and inspection$50,000
DelawarePermit and inspectionNone stated
District of ColumbiaRegistrationNone stated
FloridaNo permit$250,000
GeorgiaNo permitNo cap
HawaiiNo permitNone stated
IdahoNo permitNo cap
IllinoisRegistrationNo cap
IndianaNo permitNone, or $1,500,000 as a homestead vendor
IowaNo permitNone stated
KansasNo permitNo cap
KentuckyRegistration$60,000
LouisianaNo permit$100,000
MaineYour town’s ordinance, or a state home food licenseNone stated
MarylandNo permit$100,000
MassachusettsPermit and inspectionNone stated
MichiganNo permit$50,000, or $75,000 at $250 a unit
MinnesotaRegistration$78,000
MississippiNo permit$35,000
MissouriNo permitNo cap
MontanaNo permitNo cap
NebraskaRegistrationNo cap
NevadaRegistrationNot verified today, $100,000 from 1 Jul 2027
New HampshireExempt at home and markets, licensed to sell onlineNo cap
New JerseyA permit$50,000
New MexicoNo permitNone stated
New YorkRegistrationNo cap
North CarolinaPermit and inspectionNone stated
North DakotaNo permitNo cap
OhioNo permitNo cap
OklahomaNo permit$250,000
OregonNo permit$52,700 for 2026, indexed
PennsylvaniaPermit and inspectionNone stated
Rhode IslandRegistration$50,000
South CarolinaNo permitNo cap
South DakotaNo permitNo cap
TennesseeNo permitNo cap
TexasNo permit$150,000
UtahRegister and be inspected, or no paperwork at allNone stated
VermontAnnual filing$30,000
VirginiaNo permitNone stated
WashingtonPermit and inspection$35,000
West VirginiaNone for shelf-stable food, a permit for hazardousNone stated
WisconsinA license for some foods, none for baked goods$5,000 home-canned, none for baked goods
WyomingNo permit$250,000 and 250,000 products

How to read the cap column

Four of these jurisdictions print two figures at once, two change on a date, and eleven print no figure at all. A single number in every row would have had to turn those eleven into a blank or a zero, so the table says which kind of answer it is:

No cap
an official source says there is no limit on what you may sell in a year.
A figure
one figure, stated by the department or the statute, and linked beside it on that state’s page.
None stated
we read the official sources for that jurisdiction and none of them names a figure. That is not the same as no cap, and we will not print it as though it were. If you are anywhere near where it would matter, ask your state department.
Two answers
two answers at once — usually because the state runs two routes, or prices the cap by the unit.
A date
the figure changes on a date that is already law. Both are shown.

The count, taken from the table

Questions people actually ask

Which states have no cap on cottage food sales?

seventeen, by the count in the table above: Alabama, Alaska, Arizona, Georgia, Idaho, Illinois, Kansas, Missouri, Montana, Nebraska, New Hampshire, New York, North Dakota, Ohio, South Carolina, South Dakota and Tennessee. In each of those an official source says there is no annual limit — which is not the same as the thirteen jurisdictions where no official source names a figure at all.

What does "none stated" mean in the cap column?

That we read that jurisdiction’s own department pages and statutes and none of them gives an annual sales figure. It is an absence we are reporting, not a permission we are granting. The thirteen in that position are Arkansas, Delaware, District of Columbia, Hawaii, Iowa, Maine, Massachusetts, New Mexico, North Carolina, Pennsylvania, Utah, Virginia and West Virginia. If you are approaching the point where a cap would matter, that is the moment to ask your state department directly.

Do I need a permit to sell food from home?

It depends entirely on where you live, which is why it is the first column. Of the fifty-one, twenty-eight ask for nothing before your first sale, ten ask you to register, one asks for a permit, six want a permit and a kitchen inspection, and six give you two routes to choose between. Open your own state for what it actually involves.

Why is there no column for online sales and shipping?

Because it cannot be compressed into a cell without misleading you, and it is the rule most likely to decide how you work. Texas permits an online order only if you, an employee or a household member delivers it in person and the label information is on your site before the customer pays — three conditions, not one. New Jersey lets you take the order and the money online and never put the food in the post. Wisconsin bars internet sales outright. Each of those lives on its own state page, where it has the room to be true.

Where do these figures come from?

Each one is read from that state’s own agriculture or health department, or from the text of the statute or the enacted act, and linked beside the figure on that state’s page. Every state page carries the date it was last checked. No blogs, and no other people’s state-by-state tables, are used as sources.

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