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Cottage Food Laws by State: 2026 Guide for Bakers
Legal & Licensing

Cottage Food Laws by State: 2026 Guide for Bakers

By Baker Setup Editorial Team

Quick answer: Every US state has its own cottage food law governing what you can bake and sell from home. The big variables are: whether you need a license or permit, your annual sales cap, and whether you can sell online or ship. Some states (Florida, Texas, Ohio) require almost nothing; others (California, Washington) require permits and inspections. The table below compares 12 states, and we link to in-depth guides for the most-searched ones.

Note: This is a plain-English overview, not legal advice. Cottage food rules change often — always confirm the current details with your state's Department of Agriculture or Health before you start selling. Figures below are drawn from state agencies and the Forrager cottage-food database and reflect 2025/2026 rules.

What is a cottage food law?

A cottage food law lets individuals make certain low-risk foods in their home kitchen and sell them to the public without a commercial license or a separate inspected facility. The trade-off: you're limited to non-perishable, shelf-stable foods (breads, cookies, candy, jams), you usually have a sales cap, and you can only sell within your own state.

These laws exist in every state, but the details vary enormously — which is why a baker in Florida can start the same day with zero paperwork, while a baker in Washington needs a permit, an inspection, and stays under a $35,000 ceiling.

Do you need a license to sell baked goods?

States fall into roughly three buckets:

  • No license needed — you can start selling approved non-perishable foods immediately (sometimes after a food-safety course). Examples: Florida, Texas, Ohio, Georgia, Colorado.
  • Registration required — you sign up with a state or local agency, but there's usually no inspection. Examples: New York, Pennsylvania, Illinois.
  • Permit + inspection required — your home kitchen is inspected before approval. Examples: California (Class B), Washington, North Carolina.

The single most important thing is to find which bucket your state is in before you bake your first order.

Cottage food laws by state (comparison)

StateLicense / permit?Annual sales capOnline sales?In-state shipping?
CaliforniaYes — Class A reg / Class B permit~$86,206 (A) / ~$172,411 (B)YesYes
TexasNo (only for perishables)$150,000YesYes
FloridaNo$250,000YesYes
MichiganNo$50,000Yes¹Yes
OhioNoNoneYesYes
GeorgiaNo (food-safety course)NoneYesYes²
North CarolinaYes — application + inspectionNoneYesYes
New YorkYes — free registrationNoneYesYes
PennsylvaniaYes — registration ($35)NoneYesYes²
IllinoisYes — local registration (≤$50)NoneYesYes
WashingtonYes — permit + inspection (~$355)$35,000YesNo³
ColoradoNo (training course)$10,000 per productYesYes

¹ Michigan online/mail/delivery sales require giving the buyer a chance to interact with you directly (in person or virtually) before purchase. ² Georgia and Pennsylvania are rare exceptions that allow some interstate sales. Every other state here is in-state only. ³ Washington allows online orders but they must be picked up or delivered in person — shipping is not permitted.

State caps and rules change (Texas and Michigan both raised their numbers in 2025–2026). Treat this as a starting point and confirm with your state agency.

Sales caps: how much you can make

Caps range widely:

  • No cap at all: Ohio, Georgia, North Carolina, New York, Pennsylvania, Illinois
  • High cap: Florida ($250,000), California Class B (~$172,411), Texas ($150,000)
  • Moderate cap: California Class A (~$86,206), Michigan ($50,000)
  • Low cap: Washington ($35,000), Colorado ($10,000 per product)

When you exceed your cap, the path forward is the same everywhere: move production into a licensed commercial or shared-use (commissary) kitchen and operate as a registered food establishment. Until then, the cap is your ceiling — so price your menu to make the most of it. Our cottage bakery pricing formula shows how.

What you can (and can't) sell — in general

The common thread across all states is shelf-stable, non-perishable foods. Almost universally allowed:

  • Breads and baked goods that don't need refrigeration
  • Cookies, brownies, and shelf-stable cakes
  • Candy, chocolate, and fudge
  • Jams, jellies, and honey
  • Dry mixes, granola, and popcorn

Almost universally prohibited:

  • Anything needing refrigeration (cheesecakes, cream pies, custards)
  • Meat, poultry, and seafood
  • Canned or acidified foods (pickles, salsas, hot sauces)

The biggest state-to-state difference is frosting: Texas and California allow buttercream, Florida prohibits it, and Michigan allows only two specific recipes. If you decorate cakes, check your state's frosting rule first.

How to label your products

Labeling requirements vary, but most states require some combination of:

  • Your business name and address (or a registration number)
  • A full ingredient list and an allergen "Contains:" statement
  • The net weight
  • A state-specific disclaimer (wording like "Made in a home kitchen that has not been inspected…")

Because most states require an ingredient list and a net-weight figure, two inexpensive tools make compliance simple anywhere. A thermal label printer produces clean, repeatable labels with no ink:

MUNBYN Bluetooth Thermal Label Printer RW403B, Wireless 4x6 Shipping Label Printer for Small Business, Compatible with Android, iPhone, Windows, Mac, Chromebook, Print Width 1.57"-4.25" (Grey)

MUNBYN Bluetooth Thermal Label Printer RW403B, Wireless 4x6 Shipping Label Printer for Small Business, Compatible with Android, iPhone, Windows, Mac, Chromebook, Print Width 1.57"-4.25" (Grey)

$75.99
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And a kitchen scale gives you the accurate net weights your labels legally require:

OXO Good Grips 11 lb Food Scale with Pull-Out Display

OXO Good Grips 11 lb Food Scale with Pull-Out Display

4.7$49.99
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How to find and follow your state's law

  1. Search your state's Department of Agriculture or Health for "cottage food" — that's the authoritative source.
  2. Identify your bucket — no license, registration, or permit + inspection.
  3. Check the approved foods list and confirm every product you plan to sell qualifies.
  4. Complete any required food-safety course and register or apply if needed.
  5. Build compliant labels to your state's exact wording and type-size rules.
  6. Confirm your sales channels — in person, online, shipping — and your cap.

For the four most-searched states, we've written detailed walkthroughs:

What to do next

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Frequently asked questions

Do you need a license to sell baked goods from home?
It depends on your state. Some states (Florida, Texas, Ohio) require no license at all for non-perishable baked goods. Others (California, Washington, North Carolina) require a registration or permit and sometimes a home-kitchen inspection. A handful require only a food-safety course. Always check your specific state's cottage food law before selling.
Which state has the best cottage food law for bakers?
It depends what you value. For the highest sales ceiling, Florida ($250,000) and several states with no cap at all (Ohio, Georgia, New York, Pennsylvania) lead. For the simplest start, Florida, Texas, and Ohio require little or no paperwork. States like Washington ($35,000 cap, full permit and inspection) are the most restrictive.
Can I ship my baked goods to another state?
Almost never. Cottage food laws are intrastate — they only authorize sales within your own state. The rare exceptions are Georgia and Pennsylvania, which recently began allowing some interstate sales. Everywhere else, shipping across state lines would require operating as a licensed food facility under federal rules.
Is there a sales limit on cottage food businesses?
In many states, yes — caps range from $10,000 per product (Colorado) and $35,000 (Washington) up to $250,000 (Florida). Several states have no cap at all (Ohio, Georgia, New York, Pennsylvania, Illinois, North Carolina). When you exceed your state's cap, you generally must move into a licensed commercial kitchen.

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