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Selling Homemade Food in Ohio

Selling homemade food is fairly simple in Ohio. Home-based business owners do not need permits to get started, and Ohio imposes no cap on annual gross revenue. Ohio’s Pure Food and Drug Law, updated in 2009 and 2016, allows inspectors from the Ohio Department of Agriculture to sample homemade products to ensure proper labeling.

Ohio cottage food types

Many states regulate “cottage food,” meaning food made in a home kitchen for sale. Unlicensed cottage food producers in Ohio may sell non-potentially hazardous foods, meaning foods that do not require special storage for safe consumption. Examples include baked goods like breads and cookies, candy, honey, syrup, pies, jams, jellies, dry seasoning blends, and granola.

Ohio cottage food venues

Ohio cottage food producers may sell their products in many different venues. Cottage food may be sold directly from the producer to the consumer both online and in-person at community events and at farmers’ markets. Ohio cottage food may also be sold wholesale at grocery stores and restaurants, as restaurants are permitted to use homemade ingredients. Ohio does not permit interstate sales of cottage food.

Ohio cottage food labeling

Ohio cottage food must be labeled with the name of the product, the name and address of the cottage food producer’s business, the ingredients in decreasing order of prevalence by weight, the net weight of the product, and the statement: “This product is home produced” in 10-point font or larger. If a nutritional claim is made about the product, a nutritional facts panel must be included on the label.

Ohio home bakeries

In addition to laws governing the production of cottage food, which does not require a permit, Ohio has legislation governing home bakeries, which allows cottage food producers to sell more products than are covered by the cottage food law but imposes stricter regulations on the sale of these products. The Ohio Home Bakery Law allows cottage food producers to sell certain perishable baked goods and non-baked products, including cream pies and filled baked goods. All cottage food producers who wish to sell items that fall under the Home Bakery Law are required to get a Home Bakery License and undergo a kitchen inspection. Cottage food producers who wish to sell items covered by the Home Bakery Law are prohibited from using commercial equipment and keeping pets indoors at any time. Baked goods covered by the Home Bakery Law are subject to the same labeling requirements as all other cottage foods. If a baked good requires refrigeration, the statement: “Keep Refrigerated” must be included on the label. Additionally, though the state of Ohio issues Home Bakery Licenses, cottage food producers must still obtain licenses from local authorities to sell foods at farmers’ markets that fall under the Home Bakery Law. More information about the Home Bakery Law can be found here…

Ohio cottage food facts

Myths about cottage food abound. Here are the facts:

  • Cottage food is safe. Critics who talk about the risk of food-borne illness give hypothetical examples of what could go wrong because real-world cases are rare or nonexistent.
  • Cottage food is local. When neighbors trade with neighbors, money stays in the local economy.
  • Cottage food is transparent. People who buy from a cottage food producer know what they get. If they have questions about ingredients, sourcing or safety, they can ask.
  • Cottage food creates jobs. Many homemade food producers use their income to provide for their families. Others seek a secondary or supplemental income.
  • Cottage food empowers women. IJ cottage food research shows that most cottage food producers are women, and many live in rural areas with limited economic opportunity.
  • Cottage food expands consumer choice. Some stores simply don’t sell what you want. This is especially true if you have a gluten-free, peanut-free, halal, kosher or vegan diet. Cottage food fills market gaps, giving consumers more options.

Ohio cottage food resources

As part of its Food Freedom Initiative, the Institute for Justice provides a variety of resources for home bakers and other food entrepreneurs. These include:

Tell your Ohio story

Is government violating your homemade food freedom in Ohio? Do you have a potential case for IJ? Get started here…

Support Ohio legislation

Help expand cottage food laws in Ohio by teaming with the Institute for Justice. Send an email with your name, background information and availability to  get started…

Defending homemade food freedom nationwide

People have a right to earn an honest living without arbitrary and excessive government interference. Since 2013, the Institute for Justice has defended home bakers and chefs as part of its Food Freedom Initiative. Read about IJ’s nationwide food freedom advocacy…

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All information, content, and materials available on this site are for general informational purposes only and does not constitute legal advice. Statutes, regulations, and processes are subject to change at any time, and specific facts and circumstances could alter how they are applied. If you have questions about the regulation of cottage foods in your jurisdiction, we recommend consulting a lawyer who can help you navigate the process.

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