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
| State | Before you can sell | Annual sales cap |
|---|---|---|
| Alabama | No permit | No cap |
| Alaska | No permit | No cap |
| Arizona | Registration | No cap |
| Arkansas | No permit | None stated |
| California | Register, or a permit with inspection | $88,878 or $177,756 in 2026 |
| Colorado | No permit | $10,000 a product, $150,000 from 1 Jan 2027 |
| Connecticut | Permit and inspection | $50,000 |
| Delaware | Permit and inspection | None stated |
| District of Columbia | Registration | None stated |
| Florida | No permit | $250,000 |
| Georgia | No permit | No cap |
| Hawaii | No permit | None stated |
| Idaho | No permit | No cap |
| Illinois | Registration | No cap |
| Indiana | No permit | None, or $1,500,000 as a homestead vendor |
| Iowa | No permit | None stated |
| Kansas | No permit | No cap |
| Kentucky | Registration | $60,000 |
| Louisiana | No permit | $100,000 |
| Maine | Your town’s ordinance, or a state home food license | None stated |
| Maryland | No permit | $100,000 |
| Massachusetts | Permit and inspection | None stated |
| Michigan | No permit | $50,000, or $75,000 at $250 a unit |
| Minnesota | Registration | $78,000 |
| Mississippi | No permit | $35,000 |
| Missouri | No permit | No cap |
| Montana | No permit | No cap |
| Nebraska | Registration | No cap |
| Nevada | Registration | Not verified today, $100,000 from 1 Jul 2027 |
| New Hampshire | Exempt at home and markets, licensed to sell online | No cap |
| New Jersey | A permit | $50,000 |
| New Mexico | No permit | None stated |
| New York | Registration | No cap |
| North Carolina | Permit and inspection | None stated |
| North Dakota | No permit | No cap |
| Ohio | No permit | No cap |
| Oklahoma | No permit | $250,000 |
| Oregon | No permit | $52,700 for 2026, indexed |
| Pennsylvania | Permit and inspection | None stated |
| Rhode Island | Registration | $50,000 |
| South Carolina | No permit | No cap |
| South Dakota | No permit | No cap |
| Tennessee | No permit | No cap |
| Texas | No permit | $150,000 |
| Utah | Register and be inspected, or no paperwork at all | None stated |
| Vermont | Annual filing | $30,000 |
| Virginia | No permit | None stated |
| Washington | Permit and inspection | $35,000 |
| West Virginia | None for shelf-stable food, a permit for hazardous | None stated |
| Wisconsin | A license for some foods, none for baked goods | $5,000 home-canned, none for baked goods |
| Wyoming | No 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
- 17 with no annual cap
- 15 with a single figure
- 4 where it depends on your route
- 2 where it changes on a date
- 13 where no official source states one
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.
Tools
- Pricing calculator for home bakersWhat to charge, with your own numbers
- Price list templateFill it in, print it, hand it over — free, nothing saved
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