Selling Homemade Food in Utah - Institute for Justice

Many states have legalized the sale of shelf-stable goods in recent years. Utah has gone further, passing a Home Consumption and Homemade Food Act in 2018 that allows the sale of nearly all types of homemade foods directly to the consumer. An additional reform passed in 2021, called the Microenterprise Home Kitchen Act, lets people sell home-cooked meals containing meat, but with greater restrictions.

Grades For Homemade Food Laws	Utah Cottage Food	Utah Homemade Food	Utah Microenterprise Home Kitchens
Final Grade	C	A-	C+
Food Varieties Grade	D	A-	B
Sales and Venue Restrictions Grade	A+	B+	B+
Regulatory Burdens Grade	D-	A+	D-

Utah Homemade food laws

Food Varieties	Utah Cottage Food	Utah Homemade Food	Utah Microenterprise Home Kitchens
What Shelf-Stable Foods Can I Sell in Utah?	Food must have been approved by the Department of Agriculture and Food.	No restrictions	No restrictions, so long as the food is sold the same day it’s made.
Can I Sell Refrigerated Baked Goods in Utah?	No	Yes	No restrictions, so long as food is sold the same day it’s made.
Can I Sell Meat in Utah?	No	Yes, rabbit and fewer than 1,000 personally-raised poultry.	Yes
Can I Sell Acidified or Pickled Foods in Utah?	Yes	Yes	No
Can I Sell Low-Acid Canned Goods in Utah?	No	Yes	No
Can I Sell Fermented Foods in Utah?	No	Yes	No

Many states regulate “cottage food,” meaning food made in a home kitchen for sale. In Utah, cottage food producers are limited to a list of shelf-stable foods set by the Department of Agriculture and Food. Those operating under the Homemade Food Act can sell a far broader array of products, except for raw milk and most meat products, except for rabbits and poultry raised by the homemade good producer.

The Utah Microenterprise Home Kitchen Act, passed in 2021, is designed as a complement to the Utah Home Consumption and Homemade Food Act. The legislation lets people turn their ovens and backyard grills into restaurant incubators and expressly allows residents to sell home-cooked meals containing meat. However, any food made under the Microenterprise Home Kitchen Act must be sold the same day it’s made.

Utah Homemade Food Venues

Sales and Venue Restrictions	Utah Cottage Food	Utah Homemade Food	Utah Microenterprise Home Kitchens
Annual Sales Cap	No limit	No limit	No limit
Where Can I Sell Homemade Food Direct to Consumers in Utah?	No restrictions	Generally no restrictions. However, any food sold is only for “home consumption.”	Generally no restrictions. However, any meals sold cannot be eaten at the MEHKO.
Can I Sell Homemade Food to Retail Outlets Like Restaurants and Grocery Stores?	Yes	No	No
Online Orders	Yes	Yes	Yes
Mail Delivery	Yes	Yes	Yes

Utah doesn’t impose a sales cap nor does it ban online orders and mail delivery. Unlike the Utah Homemade Food and Home Kitchen laws, the state’s cottage food program does allow sales at retail outlets. The Home Consumption and Homemade Food Act contains an unusual “home consumption” restriction: Homemade food can only be eaten at a private residence. Under the Microenterprise Home Kitchens Act, customers may pick up their orders in person, but they may not consume the food on site. In-person deliveries are also permitted.

Getting Started in Utah

Regulatory Burdens	Utah Cottage Food	Utah Homemade Food	Utah Microenterprise Home Kitchens
Inspections Required Before Starting	Yes	No	Yes
Are Local Ordinances Preempted or Overridden?	Yes	Yes	Yes
License, Permit or Registration Required	Yes	No	Yes
Recipe Approval or Lab Testing Required	Yes	No	Yes
Food Handler Training Required	Yes	No	Yes

Both the Utah Cottage Food and Home Kitchens law require inspections, licenses, recipe approval, and food handler training. Microenterprise Home Kitchens also need to inform consumers that regulations for home kitchens are different than for commercial restaurants. Meanwhile, the Utah Homemade Food Act does not require any inspections, permitting, or licenses. All you need is a home kitchen and an entrepreneurial spirit.

Utah lemonade stands

Kids in Utah no longer have to worry about the police shutting down their lemonade stands. Under a Utah Lemonade Stand Law that passed with bipartisan support in 2017, cities and counties cannot require a license or permit for any occasional business operated by a minor.

Utah HomeMade 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. Since Utah’s food freedom law took effect in 2018, there has not been a single outbreak of foodborne illness from food sold under the law.
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.

Utah Homemade 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:

Model Food Freedom Act from the Institute for Justice guides activism efforts at state capitols nationwide.
Flour Power: How Cottage Food Entrepreneurs Are Using Their Home Kitchens to Become Their Own Bosses surveys 775 cottage food producers in 22 states about what their businesses mean to them.
Ready to Roll highlights nine lessons from the Institute for Justice’s cottage food victory in Wisconsin.
The Attack on Food Freedom examines the impact of regulations on farmers, chefs, artisans, restaurateurs, food truck operators and others.

Tell your Utah story

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

Support Utah legislation

Help expand cottage food laws in Utah 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…

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.