New Jersey 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, you can sell food you make at home in New Jersey, with a Cottage Food Operator Permit from the Department of Health. It costs $100, it is valid for two years, and it is for New Jersey residents only.
The annual limit is $50,000 in gross sales, counted before you deduct taxes or operating expenses. The rule that shapes everything else: you may advertise, take orders and take payment online, but you may not mail the food. No USPS, no FedEx, no DHL. It goes into the customer’s hands.
What you can and cannot sell
Non-TCS foods: things that do not need time and temperature control for safety — in other words, nothing that has to be kept hot or cold to be safe. The Department names:
- Baked goods
- Candy and fudge
- Fruit jams and jellies
- Dried fruit
- Granola
- Dried herbs and seasonings
- Popcorn
- Roasted coffee
- Vinegar and mustard
Other products may be approved, on written application.
Here is the part that is different from every other state on this site. Approval is per product, on paper: each product, each frosting and each filling needs its own questionnaire, assessed by a Food Safety Specialist. You are not approved as a baker in general — you are approved for the things you listed.
You may not sell TCS foods. And you may not sell for animals: "No, you cannot make or sell dog treats or pet food under the Cottage Food rule." NJDOH, Cottage Food FAQ
The permit: $100, two years
- What you need
- A Cottage Food Operator Permit from the New Jersey Department of Health. NJDOH, Apply or renew
- Fee
- $100, paid online.
- Valid for
- "The Cottage Food Operator’s Permit is valid for 2 years."
- Who may hold one
- New Jersey residents. "The Cottage Food Operator’s permit is only for residents of New Jersey."
- Certification
- A Food Protection Manager Certification — explicitly not a food handler card — submitted with the application. The Department does not provide the training; you arrange it.
- Zoning
- Required, and it has teeth: the Department will not approve an application if local zoning prohibits the business. Check your municipality before you pay the $100.
How much can you sell, and where
- Annual limit
- $50,000 in gross annual sales — "before deducting taxes or operating expenses". Gross, not profit, which is a lower ceiling than it first sounds. NJDOH, Rules
- From your home
- Yes.
- At a customer’s home
- Yes — in New Jersey.
- Markets and events
- New Jersey farmers markets, farm stands, and New Jersey temporary retail food events.
- Shops, wholesale
- Not permitted, in either direction. You cannot supply a shop, and a shop cannot resell you.
- Mail and couriers
- Not permitted. "Not allowed to send products through common carriers like USPS, FedEx or DHL."
Online, in detail, because the line is finer than people assume. You may advertise online. You may take orders online. You may process payments online. What you may not do is ship: the food has to be handed to the customer in person, at your home, at theirs, or at a New Jersey market or event.
So an order page with pickup and local hand-delivery is exactly the New Jersey shape. A shipping cart is not.
What has to be on the label
Every product carries:
- the common name of the food;
- the ingredients, in descending order by weight;
- the major allergens;
- your full name and your business name;
- your permit number;
- your town and "NJ";
- and a statement that the home kitchen was not inspected by the Department of Health.
Selling items individually — a single cookie, one slice — you still need at least one tag carrying all of that, plus a sign at the display.
Food safety training
A Food Protection Manager Certification, and the Department is explicit that a food handler card is not the same thing and will not do. You submit the certification with your application.
The Department does not run the course. You pick an accredited provider and pay for it yourself, so budget for it alongside the $100 permit.
Is your kitchen inspected?
Not as part of the permit — which is why your label has to tell customers that the home kitchen was not inspected by the Department of Health.
What is reviewed is your food. Each product, frosting and filling goes in on a questionnaire and is assessed by a Food Safety Specialist before it is approved. New Jersey scrutinises the recipe where North Carolina scrutinises the room. NJDOH
Sales tax
The Department of Health’s FAQ does not cover tax, so neither will we. Whether what you sell is taxable, and whether you need to register to collect, is for the New Jersey Division of Taxation.
Official sources
- Cottage Food — Frequently Asked QuestionsNew Jersey Department of Health
- Cottage Food — Apply or RenewNew Jersey Department of Health
- Cottage Food — RulesNew Jersey Department of Health
- New Jersey Division of TaxationNJ Department of the Treasury
Last verified: 31 October 2026. Every number on this page is linked to the official page it comes from.
Questions people actually ask
How much is a New Jersey cottage food permit?
$100, paid online, and the Cottage Food Operator Permit is valid for two years. A Food Protection Manager Certification goes in with the application, and you arrange and pay for that course separately — the Department does not provide it.
How much can I sell in a year in New Jersey?
$50,000 in gross annual sales. The Department is specific that this is counted before deducting taxes or operating expenses, so it is turnover and not profit — a tighter ceiling than it sounds if your ingredient costs are high.
Can I ship my baked goods in New Jersey?
No. You are not allowed to send products through common carriers like USPS, FedEx or DHL. You can advertise online, take orders online and take payment online — but the food has to be handed to the customer in person, at your home, at theirs, or at a New Jersey farmers market, farm stand or temporary retail food event.
Do I need to live in New Jersey?
Yes. The Cottage Food Operator Permit is only for residents of New Jersey. There is no route for an out-of-state cook to hold one and sell in.
Can I sell my baked goods to a local shop or café?
No. Retail and wholesale are not permitted in either direction under the cottage food rule — you cannot supply a shop, and a shop cannot resell your products. Selling to a business means stepping out of cottage food and into a licensed operation.
Do I get approved once, or per product?
Per product. Each product, each frosting and each filling needs its own questionnaire, assessed by a Food Safety Specialist. Products outside the named list — baked goods, candy, fudge, jams and jellies, dried fruit, granola, dried herbs and seasonings, popcorn, roasted coffee, vinegar, mustard — may be approved on written application.
Can I sell dog treats?
No. The Department answers this one directly: you cannot make or sell dog treats or pet food under the Cottage Food rule.
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
- PennsylvaniaLimited Food Establishment · $35 a year · inspected · internet sales included
- ArizonaNo sales cap · refrigerated foods allowed · Arizona only, and TCS goes hand to hand
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
More guides
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