Start a Bakery

Cottage Food Laws for Home Bakers in the United States

By Robert Roessler, Food Scientist · Published 14 November 2026

Many bakeries start in a home kitchen. Whether that is legal, how much you may sell and where you may sell it depends on your state. This guide explains what cottage food laws are, which questions to ask, and when it is time to move to a licensed kitchen. Every statement about rules names its source.

1. What a cottage food law is

Cottage food laws let people make certain foods in a home kitchen and sell them without the license and inspection that a commercial facility needs. The National Agricultural Law Center describes them as state laws, found in nearly every state, that cover foods such as baked goods, jams, dry mixes and candies because these are considered not potentially hazardous and low-risk for contamination (National Agricultural Law Center). Bread, cookies, cakes without perishable fillings and similar products are the typical examples.

There is no single national rule. The Harvard Law School Food Law and Policy Clinic points out that states hold the main authority here, and that the FDA Food Code is not binding unless a state or local government chooses to adopt it (Harvard Food Law and Policy Clinic, 2021 survey). So the first answer to "may I sell this?" always comes from your own state and, usually, your county or city.

2. The five questions every state answers differently

Question	What varies
Which foods are allowed?	Some states allow only foods that do not need temperature control. Others use tiers that also permit certain "potentially hazardous" foods under extra conditions, such as special labelling and separate storage (National Agricultural Law Center).
How much may I sell?	Many states set a limit on gross annual sales. The Harvard survey lists the limit state by state; some states have none (Harvard Food Law and Policy Clinic).
Where may I sell?	Direct sales to the consumer are the core of most laws. Whether indirect sales to shops, restaurants or wholesalers, online sales and shipping are allowed differs between states (Farm-to-Consumer Legal Defense Fund).
Do I need a permit, registration or training?	Some states require a permit or registration and often a food handler course. Others ask for nothing beyond compliance with the law (Harvard survey).
What must the label say?	Most states prescribe label content. Typical items are the product name, your name and address, ingredients and allergens, and a statement that the food was made in a home kitchen. The exact list depends on your state.

The Institute for Justice publishes a separate nationwide comparison that grades state programs on sales caps, venue restrictions and similar points. It shows how large the gap between states is (Institute for Justice).

3. Cottage food law, home bakery law, food freedom law

The Harvard survey separates several kinds of laws. A cottage food law usually allows a limited list of products, often only those that do not need temperature control. Food freedom laws can allow fully prepared meals, and home bakery laws apply only to baked goods (Harvard Food Law and Policy Clinic). If you search your state's rules, look for all of these terms, because the same idea can sit under different names.

4. Where the limits come from

The restrictions are not arbitrary. Sales caps and venue rules exist to balance how far a home business may reach with the state's interest in public safety (National Agricultural Law Center). That also explains why products with cream, custard, meat or other perishable ingredients are usually excluded or placed in a stricter tier.

5. Where cottage food stops

Growing past the cap. Once your sales approach the limit in your state, you need a licensed kitchen. Count the full selling price, not the profit, and keep a simple sales record from the first day.
Selling to businesses. A shop, café or wholesaler often cannot buy cottage food products in your state. Check the rule on indirect sales before you promise a delivery.
Selling across state lines. Many state laws apply only to sales within the state. Shipping to another state brings that state's law and federal rules into play. Ask both states before you ship.
Local rules. Zoning, home owner associations and county health departments can add conditions. State law is the starting point, not the whole picture.

Moving from a home bakery to a commercial bakery also changes the federal picture. The guide on FDA registration and FSMA for bakeries explains when a bakery has to register with the FDA, and How to Start a Bakery Business compares the business models.

6. What you can do in a home kitchen anyway

Even where the law asks for little, the food still has to be safe and correctly labelled. Four habits cost nothing: keep a written recipe and batch record, label every product with its allergens (see Food Allergen Labeling for Small Bakeries), keep pets and children out of the kitchen during production, and weigh ingredients so that every batch matches the last. Working in baker's percentages makes this easier, and the baker's percentage calculator does the arithmetic.

7. A short checklist

Find your state's cottage food, home bakery or food freedom law on your state health or agriculture department site.
Check whether your product is on the allowed list.
Check the sales cap and the allowed sales channels.
Ask whether a permit, registration or training is needed.
Write the label to your state's requirements, including allergens.
Call your county or city health department and ask about local rules.

Summary

Cottage food laws make it possible to start with a home kitchen, but every state sets its own list of foods, sales cap, sales channels, permits and label content. Read your state's law, ask the local health department, keep sales records, and plan the step to a licensed kitchen before you reach the limit.

Sources

Information current as of 14 November 2026. This guide is general information. Laws change, so check the current text with your state authority. It does not replace advice from your local health department or a lawyer.