How we check these facts
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.
These guides tell you what you may legally sell out of your own kitchen. That is worth getting right, so here is exactly where the numbers come from, how each one is checked, and what happens when we get one wrong.
Official sources only, and every number linked to its own
Three kinds of source go on these pages, and nothing else does:
- a state agriculture or health department — the agency that actually administers the rule;
- the text of a statute or an enacted act, from the legislature's own site;
- a university extension service, for the food safety material that departments often hand to them.
No blogs. No aggregator sites, no business directories, and no other people's state-by-state tables. Most of the wrong figures circulating about this subject trace back to one stale official page that everybody copied, and a copy of a copy is how a 2019 number is still being quoted in 2026.
Every figure on a state page is linked to the page it was read from, beside the figure itself, so you can check us in one click instead of taking our word for it. The same sources are listed again at the foot of the page with the agency that publishes each one.
If something cannot be verified from an official source, it does not go on the page. You will read "the department does not address this" and "no cap is stated" in several places. That is not a gap we failed to fill — it is the true answer, and it is far more use to you than a figure we inferred from context and presented as fact.
When two official sources disagree, the newest one wins
A department FAQ can sit untouched for years after the legislature changes the law underneath it. Both pages are official. Only one of them is current.
Texas is the clearest case in the country. Senate Bill 541 raised the annual limit to $150,000, with public health entities required to comply from 1 September 2025. An older state health department FAQ still prints $50,000 — and that is the figure the blogs copied. We publish $150,000, link the enrolled bill text, and say on the page where the $50,000 comes from, because you will find it somewhere and deserve to know which of us to believe.
We read the legislature, not only the department
This one cost us a wrong number on a live page, which is why it is stated so plainly: check the latest completed session's list of enacted acts, not only the statute page. A statute page can lag the act that amended it.
Louisiana is the page that bought the rule. The statute page for R.S. 40:4.9, on the Legislature's own site, prints $30,000 and lists amendments only through Act 357 of 2022. Act 801 of the 2026 Regular Session raised the figure to $100,000, effective 1 August 2026. The statute page lagged its own amending act by three months — and we published $30,000 before we caught it.
That page now carries its correction in the text. We would rather show you where we were wrong than change a number quietly and hope nobody acted on the old one.
A link that works is not a source that says it
A URL that returns 200 proves a page exists. It proves nothing whatsoever about what is on it.
While researching Mississippi we had a state health department URL recorded as the source for the cottage food rules. It answers 200. It renders the Water Supply page. An automated status check would have waved it straight through, and we would have cited a page about drinking water as the authority on selling cakes.
So every source is opened and read, and the sentence on our page has to be findable in it. That is slower than checking status codes. It is also the entire job.
A negative is a claim too, and needs the same proof as a number
"No annual limit." "No license required." "Nothing has changed since 2022." Each of those is a factual claim about a jurisdiction, and each one needs a primary source exactly as a dollar figure does. It is easy to forget, because a negative feels like the absence of a fact rather than a fact of its own.
We learned it expensively. Writing the last group of pages, we had recorded nine jurisdictions as having no 2025 or 2026 enactment. Three of those were wrong. New Hampshire had four 2025 chapters and had removed its cap altogether. Maine had Public Law 2025, chapter 309. Hawaii's rules, recorded as still pending, had already been adopted.
All three were caught the same cheap way. A statute's own history note lists the chapters that amended it, with dates. If the history note stops in 2022 and the law moved in 2025, the note tells you so in one line — and nobody has to guess.
It is also why these pages distinguish "no cap" from "no cap stated". The first means an official source says there is no limit. The second means we read the official sources for that jurisdiction and none of them names a figure. Those are two different situations for you to be in, so we do not print them as the same sentence.
Why you will not read "the only state that..." here
A superlative is a silent claim about every other jurisdiction. "The lowest fee on this site", "the only state that does not require X" — write that on one page and you have asserted something about fifty others, and the next page anyone writes can falsify it without touching the page the claim sits on.
Three of ours were falsified in exactly that way, by pages written weeks later:
- Pennsylvania was described as the lowest ongoing cost. Delaware's permit is $30 per fiscal year.
- Kansas was described as the only state not requiring a "not inspected" statement on the label. Montana requires no label at all, and Wyoming requires none on a direct sale.
- Idaho was described as asking less of you than any other state. Montana asks less.
All three are corrected. The rule that came out of it is simple: a comparison between jurisdictions is derived from the whole set, or it is not made at all.
One related trap, because it has caught us twice: two states can share a bill number. HB 403 was reported to us as Mississippi's and is Louisiana's. A $250,000 cap was reported as Alaska's and is Wyoming's. A figure that arrives without a link to the enacted text is a crossed state until proven otherwise.
Every page says when it was last checked
At the foot of every state page you will find the words Last verified, a date, and the list of sources the page was checked against. Laws change — several of these changed while the pages were being written — so a page that will not tell you when it was checked is a page you cannot judge. Ours tell you.
What a date cannot do is turn this into legal advice, and it is not legal advice. Counties and cities add rules on top of the state's, and your own situation may turn on something no general page covers. Every page says so at the top, and it means it: confirm with your state department and your county before you start selling.
When we get one wrong
Two things happen. The page is corrected, and the correction stays visible on it — Louisiana's page explains the $30,000 it used to show. A number that changes quietly teaches a reader nothing, and we would rather you knew which of our pages had been wrong than trusted all of them equally.
If you find a mistake, tell us. Email founder@getworknest.com with the official page that says otherwise, and we will either fix ours or explain why we read that source differently. The official page is the part that matters: without it there is nothing to check against, and we are all back to copying each other.
Questions people actually ask
Who writes these guides?
Worknest Business, the company behind the order pages home cooks and home bakers use to take orders. We are not a law firm and these pages are not legal advice. What we do is read the state’s own department pages and statutes carefully, link every figure to where it was read from, and print the date the page was checked.
Why is your figure different from the one I found somewhere else?
Usually because the other page copied a department FAQ that the legislature has since overtaken. Texas is the standard example: an older state health department page still prints a $50,000 limit, and the law has said $150,000 since Senate Bill 541. Open our source link and theirs and compare the dates. The newer official source governs.
Is this legal advice?
No. It is general information, sourced and dated. Counties and cities add their own rules on top of the state’s, and the people to confirm with before you start selling are your state department and your county.
How often are the pages updated?
Each page carries the date it was last verified, and for that page that date is the honest answer. Pages are re-checked when a legislature enacts something that touches them, and whenever a reader shows us an official source that says otherwise. There is no automatic refresh, which is precisely why the date is printed where you can see it.
What does "no cap stated" mean on a page?
That we read the official sources for that jurisdiction and none of them names an annual sales figure. It is not the same as "no cap", which means an official source says there is no limit. If you are anywhere near the point where it would matter, that is the moment to ask your state department directly rather than rely on either reading.
Do you cite other state-by-state guides?
Never. A table somebody else compiled is a copy, and we have no way of telling which of its numbers were read from a statute and which were inherited from the page before it. We go to the department or to the act even when a secondary page would have been quicker.
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
- KansasNo license · no cap · no "not inspected" statement required · online and shipping 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
- AlaskaNo sales limit · no permit · meat allowed where federal law allows · Alaska only
- DelawareRegistration + kitchen inspection · your permit lists your products · Delaware only, direct only
- HawaiiNo permit · food safety course required · online sales allowed · wholesale to permitted kitchens
- IdahoNo permit · no cap · refrigerated food, dairy and eggs allowed · Idaho only
- MaineYour town may have its own food law · state home food license · amended again in 2025
- Mississippi$35,000 a year · no permit · advertise online but do not sell online · no shipping
- MontanaNo license, no permit, no label, no cap · home consumption and community events · Montana only
- NebraskaNo sales limit · free registration · online and mail order allowed · no shops, no catering
- New HampshireNo sales cap in the statute · shops are in the exempt tier · a QR code can replace the ingredient list
- North DakotaNo license · no cap · internet, mail and interstate all allowed since 2025 · poultry stays home
- Rhode Island$50,000 a year · baked goods only · sell online but deliver in person · registration + kitchen rules
- South DakotaNo cap · cheesecake and cream pies allowed with training · you must be there in person
- Vermont$30,000 exemption since July 2025 · annual filing required · home-canned pickles allowed
- West VirginiaTwo tiers since June 2026 · shelf-stable free · a state permit for hazardous food · WV only
- Wyoming250,000 products and $250,000 a year · no license or label · eggs and dairy allowed · shops may stock you
- District of ColumbiaRegistration with DC Health · wholesale to licensed establishments since June 2025 · District 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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