Food Freedom

Across the country, governments at every level are chipping away at the rights of food entrepreneurs through irrational and overly burdensome regulations. Since 2013, the Institute for Justice has been at the forefront at the fight for the rights of food entrepreneurs and consumers against these needless restrictions. IJ’s National Food Freedom Initiative has a particular focus on eliminating restrictions that prevent people from making food for sale in their home kitchens.

New Data Show Homemade Food for Sale is Incredibly Safe

Is buying homemade food safe? New data from the Institute for Justice (IJ) show the answer to that question is a resounding “yes.”

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Homemade Food Varieties

Until recently, most reform efforts targeted “cottage food” laws, which tend to be limited to shelf-stable foods that don’t require refrigeration. But starting in 2015 with Wyoming’s Food Freedom Act, more states are allowing an increasing variety of homemade foods to be sold:

• Today, 26 states allow the sale of homemade pickles and other acidified foods. 
• In 19 states, entrepreneurs are free to sell home fermented foods like sauerkraut and kimchi. 
• Fourteen states allow the sale of refrigerated baked goods, like pumpkin pies and cream-filled pies.
• Five states even allow the sale of home cooked dishes that contain meat, creating a new alternative to opening a restaurant.
• In sharp contrast, cottage food businesses in 16 states can only sell items from an approved list of products set by government regulators.

Restrictions on Selling Homemade Food

Every state allows homemade food to be sold directly to consumers at farmers’ markets. But there the similarities end, as sales and venue restrictions can vary dramatically from state to state:

• Eight states prohibit homemade food businesses from selling online.
• Fifteen states ban mail delivery of cottage food products.
• In 26 states, people selling food made at home face annual revenue caps, ranging from $3,000 for selling pickled foods in Virginia to $250,000 in Florida and Wyoming. Among state laws with yearly sales caps, half are at or under $50,000.

Regulatory Burdens

The ease of opening a home-based food business can fluctuate wildly, not just from state to state, but within states as well:

• Thirty-two states never require an inspection to open a homemade food business, while 25 states do not license, permit, or register home-based food enterprises.
• On the other hand, six states plus the District of Columbia impose extensive inspections and permitting requirements before anyone can open any type of homemade food business–no matter how slight the perceived health risk.
• Nineteen states and the District of Columbia require recipe approval or laboratory testing before selling at least some homemade food products.
• Even if a state law is permissive, local ordinances may further restrict or even outright ban a homemade food business that would be legal elsewhere in the state; only 15 states expressly preempt cities and counties from imposing additional homemade food regulations.

IJ’s National Food Freedom Initiative is a nationwide campaign that brings a variety of legal challenges and legislative efforts to laws that interfere with the ability of people to buy, sell, grow or advertise different foods. As the nation’s leading experts on home kitchen laws, IJ has helped change the law in more than 20 states.  

Featured Cases

Economic Liberty | Food Freedom

Florida Cultivated Meat Ban

Americans love meat. According to the USDA, between beef, pork, chicken, and turkey, the average American eats nearly 225 pounds of meat per year.

Economic Liberty | Food Freedom

Wisconsin Cottage Foods II

Wisconsin bans the sale of many homemade foods, including common and shelf-stable foods like candies, chocolates, granola and roasted coffee beans. Seven Wisconsinites have joined with IJ to challenge the state’s arbitrary law.

Economic Liberty | Food Freedom

Lincoln Home Baker Challenges City’s Unnecessary Regulations

Lincoln, Nebraska imposed restrictions on home bakers that the state itself decided to get rid of. One home baker named Cindy Baker teamed up with IJ to successfully challenge Lincoln’s foolish restriction.

Is the government trying to crack down on your food business?

Do you own a food or drink-related business that is facing problems or is even under threat of shutdown because of burdensome laws and regulations?

Do you face excessive fines from the government if you don’t shut down your business, limit what you sell, or dig up your garden? 

We might be able to help.

If you want IJ to review your case, please share your situation through the following form.

The Institute for Justice is a nonprofit, public-interest law firm dedicated to the protection of constitutional rights, including the right of individuals to produce, procure, and consume homemade foods free from unnecessary and anti-competitive regulations.

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Food Freedom Reports and Resources

Economic Liberty | Food Freedom

Baking Bad: Legal Barriers for Starting a Business Selling Homemade Food

This nationwide survey provides the most up-to-date account of state laws that allow the sale of homemade food and will be regularly updated whenever a state changes its laws.

• March 24, 2022

Economic Liberty | Food Freedom

Ready to Roll

Most states have “cottage food laws,” which regulate the sale of homemade foods. The specifics vary from state to state, but most such laws restrict the types of homemade foods that may be sold. Research…

• November 15, 2018

Economic Liberty | Food Freedom

Flour Power

All across the country, thousands of Americans are making food at home to sell in their communities. Together, they form the small but growing “cottage food” industry. With renewed interest in this age-old industry, laws…

• December 7, 2017

Economic Liberty | Vending

The Attack on Food Freedom

Today’s bans and strict regulations ultimately limit the choices available to eaters—which include quite literally everyone—and, in the process, prevent food entrepreneurs from earning an honest living.

• June 1, 2014