Kansas cottage food law: selling food from home
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.
The short answer
Yes, and Kansas asks remarkably little — starting with the fact that it has no cottage food law at all. The state publication puts it plainly: these sales "would be covered under what is often termed 'cottage food laws' … In Kansas, these categories are included in the Kansas Food Law, even though the terms are not officially used."
Shelf-stable food sold direct to consumers needs no license, has no sales cap, and may be sold online and shipped. And Kansas is the only state on this site that requires no "not inspected" statement on the label at all.
No license — and what tips you into needing one
Non-TCS food made in a home kitchen and sold directly to the consumer needs no license, "if the kitchen provides a clean and sanitary environment for preparation of that food". Non-TCS food is shelf stable: it does not need time or temperature control to stay safe.
Two things tip you into licensing, and the second one surprises people:
- Food that needs temperature control, or a specialized process. "Products that require licensing can NOT be made in a regular home kitchen."
- Selling to another business for resale. That is wholesale, and it is broader than it sounds: a restaurant, a grocery, a variety store, a convenience store, "or at a craft mall where the producer leaves the product". Consignment is not exempt either.
Kansas has two licenses and they are not interchangeable: a Food Processing license covers wholesale and business-to-business, while a Food Establishment license "only allows for direct-to-consumer sales".
Sanitation for unlicensed producers sits in K.A.R. 4-28-33, the hygiene requirements for exempt food establishments. KDA Food Safety and Lodging
The label — and the sentence Kansas does not ask for
Every state in this guide makes you print some version of "this was made in a kitchen nobody inspected". Kansas does not, and says so:
"Uninspected food products made in Kansas do NOT need to be labeled as 'homemade' or other indication that they are not inspected." You may label them that way if you like — "homemade food products can be labeled as such" — and "all products must be honestly presented".
That is the exact opposite of South Carolina, which requires its disclaimer in all capital letters in a contrasting color, and of Iowa, Arkansas, New Mexico and Oklahoma, which each prescribe a sentence. If you sell across state lines, your label has to satisfy the stricter state.
What Kansas does require on a packaged product:
- the common name of the product;
- the name and physical address of the person who made or is selling it;
- the ingredients in descending order by weight — and "the nine common food allergens must be named in plain language", the publication's own example being "casein (milk)";
- the quantity: net weight, volume or count.
The plain-language allergen rule is a 2026 clarification and it is a good one. "Casein" on its own tells a parent nothing; "casein (milk)" tells them everything.
No cap, and yes you may ship
- Annual limit
- None.
- License for direct sales of shelf-stable food
- None.
- Online and shipping
- Allowed. "The listed licensing exemptions would also apply to exempt foods sold online and shipped to the customer's home or delivered by the producer directly to the end consumer."
- Bulk
- Allowed, and "the customer can bring their own clean container to transport the foods".
- Wholesale, consignment, craft malls
- License required.
- Sales tax
- "Every vendor must obtain a Retail Sales Tax certificate."
The shipping permission is explicit rather than inferred, which is worth something — Kentucky and Iowa are both simply silent on the question, and silence is not permission.
One practical rule for market days: if you display in bulk and then package individual orders for customers on the spot, you must have handwashing facilities in your booth.
What you can make without a license
Kansas publishes an actual table, which is more useful than most states manage. Allowed without licensing:
- Baked goods — cookies, breads, cakes, cinnamon rolls, fruit pies, fruit cobbler
- Chocolate candies and dipped products
- Dough — refrigerated, frozen or freeze-dried cookie dough, pizza dough
- Dry baking mixes
- Dry snacks seasoned with oil and spices
- Grain products — home-ground flour, cornmeal, popcorn, dehydrated sourdough starter
- Icing and frosting, including cream-cheese-based, with more than 65% sugar by weight
Two of those are unusual enough to point at. Dough is in — refrigerated and frozen cookie dough and pizza dough, which most states would treat as needing temperature control. And melting chocolate for decorating or dipping "does not require testing or a license", which settles a question other states make you test for.
The 6-day rule. Baked products containing potentially hazardous dairy and egg products — cheesecake, cream-filled cupcakes or donuts, cream or meringue pies, custards, pumpkin pie, quiche — normally need a Food Establishment license. But Kansas allows them to be sold without one if sold 6 or fewer days per year. That is a real permission for a cook who does two holiday markets, and it exists nowhere else in this guide.
Foods that must be tested to decide whether a license applies: bread with cheese or vegetables baked in or on top; candy containing under 1% alcohol; meringue cookies; icing made of powdered sugar and milk; and pecan pie, where it is the water activity of the filling that decides.
Food safety training
None is required for the unlicensed direct-to-consumer route.
What is required is temperature discipline at the market itself: vendors selling perishable foods must have a thermometer with them, hot food held at 135 °F or higher, cold perishable food at 41 °F or colder, and frozen food stored and sold frozen.
Sales tax is not optional
Kansas is unusually direct about this, and it is the one piece of paperwork the state does insist on: "Every vendor must obtain a Retail Sales Tax certificate." Vendors file their tax liability individually.
So the honest summary of Kansas is: no food license, no cap, no disclaimer — and a tax certificate. Register with the Kansas Department of Revenue before your first market rather than after.
Official sources
- Foods Sold Directly to Consumers in Kansas: Regulations and Food Safety Best Practices, MF3138, revised January 2026K-State Research and Extension with the Kansas Department of Agriculture
- Food Safety and Lodging program — licensingKansas Department of Agriculture
Last verified: 31 October 2026. Every number on this page is linked to the official page it comes from.
Questions people actually ask
Does Kansas have a cottage food law?
Not by name. The state publication says these sales would be covered elsewhere by what is often termed cottage food laws, and that in Kansas these categories are included in the Kansas Food Law even though the terms are not officially used. The practical effect is the same: shelf-stable food sold direct to consumers needs no license.
How much can I sell in a year in Kansas?
There is no cap. Kansas sets no revenue limit on unlicensed direct-to-consumer sales of shelf-stable food, which puts it with Georgia, New York, Illinois, Arizona, Ohio, Tennessee, Missouri, South Carolina, Alabama, Arkansas, Iowa, Kansas and New Mexico among the states on this site with no ceiling.
Do I have to put "not inspected" on my label?
No, and Kansas is the only state on this site where that is true. The publication states that uninspected food products made in Kansas do NOT need to be labeled as homemade or with any other indication that they are not inspected. You may label them that way if you want to, and all products must be honestly presented.
What does my label have to say?
Four things: the common name of the product; the name and physical address of the person who made or is selling it; the ingredients in descending order by weight, with the nine common food allergens named in plain language, such as "casein (milk)"; and the quantity as net weight, volume or count.
Can I sell online and ship?
Yes, and Kansas says so explicitly rather than leaving you to infer it. The licensing exemptions apply to exempt foods sold online and shipped to the customer's home, or delivered by the producer directly to the end consumer.
Can I sell to a shop or at a craft mall?
Not without a license. Any sale to another business for resale is wholesale and needs a KDA Food Processing license — that includes a restaurant, grocery, variety store, convenience store, and a craft mall where the producer leaves the product. Consignment is not exempt either.
Can I sell cheesecake or pumpkin pie?
Yes, up to a point. Baked products with potentially hazardous dairy and egg products — cheesecake, cream-filled cupcakes or donuts, cream or meringue pies, custards, pumpkin pie, quiche — normally require a KDA Food Establishment license, but may be sold without one if sold 6 or fewer days per year. That allowance is unique to Kansas among the states in this guide, and it fits a cook who does a couple of holiday markets.
Other states
- GeorgiaNo state license since July 2025 · no revenue cap
- TexasNo permit · $150,000 cap · you must deliver online orders yourself
- CaliforniaCounty registration · $88,878 or $177,756 in 2026
- FloridaNo permit · $250,000 cap · mail order allowed by statute
- New YorkFree exemption, up to 16 weeks to be reviewed · no revenue cap · in-state only
- IllinoisRegister locally · no sales cap · online sales and in-state shipping allowed
- North CarolinaHome Processor program · kitchen inspected before you sell · an indoor pet disqualifies the kitchen
- New Jersey$100 permit for 2 years · $50,000 cap · NJ residents only, nothing in the post
- PennsylvaniaLimited Food Establishment · $35 a year · inspected · internet sales included
- ArizonaNo sales cap · refrigerated foods allowed · Arizona only, and TCS goes hand to hand
- OhioNo license in the rules · no sales cap · a closed list of foods · Ohio only
- MichiganNo license · $50,000 published cap · online sales allowed if you meet the customer first
- VirginiaNo permit, no inspection, no fee · sell by phone or internet · Virginia only, no resale
- Washington$355 permit for 2 years · annual inspections · $35,000 cap · sell online, never ship
- MassachusettsPermit from your local board of health · internet and mail sales allowed · no state cap stated
- TennesseeNo license · no sales cap · refrigerated food allowed in person · Tennessee only
- Colorado$10,000 per product today · $150,000 and registration from 1 Jan 2027 · no license
- Maryland$100,000 cap since 1 Oct 2026 · no license · mail delivery and grocery stores allowed
- Minnesota$78,000 cap · free under $7,665 · hand it over in person · shipping comes in 2027
- WisconsinNo statewide exemption · baked goods legal by court order · no internet sales · candy is not allowed
- MissouriNo permit · no sales cap · only three kinds of food · Missouri-only online sales
- South CarolinaNo permit · no sales cap · online and mail order allowed · stores and restaurants possible
- IndianaTwo routes since 1 Jul 2026 · no license · shipping allowed in state · food handler card required
- Oregon$52,700 for 2026, indexed · no registration · online sales yes · your label names your pets
- LouisianaNo license · exemption ends at $100,000 · pickles allowed · parish tax certificate required
- Kentucky$60,000 cap · $50 registration, expires 31 March · two programs · inspection only on complaint
- AlabamaNo cap · no state permit · food safety course required · direct to customers only
- Oklahoma$250,000 from 1 Nov 2026 · no license · ship by parcel · stores may stock you
- UtahTwo routes · no cap on either · registration + inspection, or no paperwork at all
- NevadaRegister with your health authority today · $100,000 and state licensing from 1 Jul 2027
- ConnecticutLicense required · $50,000 cap · kitchen examined · zoning and a water test first
- IowaNo license · no cap stated · temporary food establishments only · home-canned allowed
- ArkansasNo license · no cap stated · mail order and online allowed · no meat, poultry or seafood
- New MexicoNo permit · food handler card required · internet and mail allowed · New Mexico only
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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