What Types of Food Can I Sell?

When I first opened my home bakery, I was not aware that there were certain foods that were allowed and certain foods that were not allowed. Home bakers in most areas are restricted to selling foods that fall under the cottage food law for their area. So just what is a cottage food?

A cottage food is a type of food that typically does not need to be prepared in a commercial kitchen or food processing facility. They also typically do not require refrigeration and are therefore deemed safe to sell by home bakers who are baking in their own kitchen.

Cottage food laws and regulations vary from state to state and even from county to county but, in general, these laws share commonalities in that they are designed to provide a framework for small-scale food producers to operate legally and safely, while also ensuring that consumers have access to safe and high-quality food products. You may notice other bakers in your area selling foods that are not on the allowed food list for home bakers. This is likely because they believe the cottage food law will not be enforced. This is an unsafe practice because if someone were to become ill, the home baker would be held liable, particularly since they were not following their area’s cottage food guidelines. Always follow the guidelines of your state.

Please note the following:

• The specific types of allowed foods will vary depending on local laws and regulations in the area with some areas have significant restrictions and other areas having few restrictions.
• In general, most areas will allow home bakers to sell baked goods such as cakes, cookies, bread, and pastries. 
• There may be restrictions on certain types of foods or ingredients, such as those that require refrigeration or contain allergens. If you are unclear on the types of food your area allows, please visit this resource and access your state’s cottage food law.
• Some home bakers may also be able to sell other types of food products, such as jams, jellies, and other preserved foods, depending on local regulations.
• In some areas, cottage foods may also include other types of homemade products, such as dried herbs and seasonings, honey, chocolate, or extracts.
• It is important to check with local authorities to ensure that you are in compliance with any applicable laws and regulations.