Last reviewed Oct 2026 against the official sources below. Rules and fees change, so check with your local office before you act. This is general information, not legal advice.
Every state has its own rules for selling food made in a home kitchen. Most allow shelf-stable foods such as breads, cookies, candy and jams, require a label saying the food was made in a home kitchen, and ban meats and other foods that need refrigeration. States differ on sales caps, whether you need a permit or registration, and whether you can sell online, ship, or sell to stores.
What cottage food laws have in common
Cottage food laws (also called home-based food or home processor laws) let you sell certain foods made in your home kitchen without a commercial kitchen. Most of them share a few features:
- Low-risk foods only. Shelf-stable baked goods, candy, jams and dry mixes are common. Meat, seafood, dairy and foods that need refrigeration are usually excluded.
- A required label saying the food was made in a home kitchen that is not inspected, plus ingredients and allergens.
- Limits on where you sell. Some states allow only direct, in-person sales. Others allow online sales, shipping or sales to stores.
- A permit or registration in some states, nothing in others.
How states compare
The Institute for Justice’s Baking Bad report (published March 2022 and updated as laws change) graded nearly 70 homemade food programs across all 50 states and D.C. on 17 factors. Its grades weigh the variety of foods allowed (40%), sales and venue restrictions (30%) and regulatory burdens such as permits, inspections and training (30%). In that report, Wyoming ranked highest with an A (92), Montana and Oklahoma earned A- grades (89), Delaware’s cottage food program ranked lowest with an F (16), and South Carolina earned a B- (65). Grades change when laws change, so check the report for the latest.
State snapshots
| State | Permit or registration | Sales limit | Where you can sell |
|---|---|---|---|
| South Carolina | No SCDA permit; optional ID number for labels | No maximum sales cap in the statute | Direct, including online and mail order, and retail stores |
| Florida | No license or permit from FDACS (UF/IFAS) | $250,000 per year (since July 1, 2021) | Direct sales, online and mail order; no wholesale or consignment |
| California | Class A: registration. Class B: permit. Both from your county environmental health agency | Class A $75,000; Class B $150,000 | Class A: direct only. Class B: direct and through permitted retailers |
| Texas | Registration required for some operations under SB 541 (from Sept. 1, 2025) | $150,000 per year | Direct and online with personal delivery; wholesale to registered cottage food vendors |
| New York | Home processor registration with Agriculture & Markets; no fee currently | Not stated on the agency page | Markets, fairs, stores and restaurants; online and delivery within New York only |
Sources: S.C. Code §44-1-143; UF/IFAS fact sheet FS425 (see also FDACS Cottage Foods); California Department of Public Health; Texas DSHS; New York State Agriculture & Markets.
Label wording differs by state
Each state sets its own notice. A few examples, quoted from official or extension sources:
- South Carolina: “PROCESSED AND PREPARED BY A HOME-BASED FOOD PRODUCTION OPERATION THAT IS NOT SUBJECT TO SOUTH CAROLINA’S FOOD SAFETY REGULATIONS.”
- Florida: “Made in a cottage food operation that is not subject to Florida’s food safety regulations.”
- Texas: “THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION.”
Copy the exact wording, size and color rules from your state’s agency, not from a template.
Foods that are usually allowed, and usually not
New York’s list is typical. It allows breads, cookies, cakes and cupcakes (without homemade buttercream or cream cheese frosting), double-crust fruit pies, high-acid jams and jellies, and granola. It bans refrigerated products, dairy, meat, sauces, pickles and cheesecake (NY Agriculture & Markets). South Carolina similarly bans cheesecake, hot sauce, BBQ sauce and bottled drinks. Texas is broader. Its page lists only a short set of exclusions, such as meat, seafood, low-acid canned goods and raw milk (Texas DSHS).
How to find your state’s rules
- Search “[your state] cottage food law” and look for a page from the state department of agriculture or health. Those are the official sources.
- Check whether your county or city runs the program. In California, for example, the county environmental health agency handles registration and permits.
- Ask your city about home business licenses and zoning. Some state laws limit what local governments can require, and some do not.
- If a food is not on the list, assume you need a licensed kitchen until the agency tells you otherwise.
Sell and get found
Fork & Curb lists home bakers and cooks in many states. See home bakers in California, New York and Florida, or the full home cook directory. Bake from home? Create your seller profile. Ready to move beyond cottage foods? Explore licensed kitchens.
Sources we checked
- Institute for Justice: Baking Bad report
- S.C. Code of Laws §44-1-143
- UF/IFAS EDIS FS425: Florida cottage food law
- FDACS: Cottage Foods
- California Department of Public Health: Cottage Food Operations
- Texas DSHS: Cottage Food Production
- New York State Agriculture & Markets: Home Processing
Checked Oct 2026. Found something out of date? Email support@forkandcurb.com.
Frequently asked questions
What is a cottage food law?
A state law that lets people make and sell certain lower-risk foods, such as shelf-stable baked goods, candy and jams, from a home kitchen without a commercial kitchen license, usually with labeling rules and limits on where they can sell.
Which state has the best cottage food law?
In the Institute for Justice’s Baking Bad report, Wyoming ranked highest with an A (92), followed by Montana and Oklahoma with A- grades (89). Grades change as states update their laws.
Can I sell cottage food online?
It depends on the state. South Carolina allows online and mail order sales, New York allows online sales and delivery within the state only, and Texas allows online sales when the operator or a household member personally delivers the food. Check your state agency.
Do I need a permit to sell baked goods from home?
Some states require a permit or registration (such as California, New York and, for some operations, Texas) and others do not (such as South Carolina and Florida). Your city may still require a business license.