Today, all 50 states and the District of Columbia have cottage food programs, which allow residents to sell baked goods and other shelf-stable, non-potentially hazardous foods directly to consumers.

Recent State Reforms for Homemade Food Businesses

Since 2015, 34 states and Washington, D.C. have either created new homemade food programs or expanded their existing laws. For more information about a specific state reform, see the timeline below.

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming District of Columbia

Reform Timeline

March 2020

South Dakota (HB 1125)

South Dakota scrapped the state’s ban on selling homemade food from home and eliminated the sales cap of $5,000.

March 2020

District of Columbia (B23-0192)

Washington, DC had enacted passed a cottage food law so restrictive that by 2018 there were only 3 registered cottage food producers. IJ worked with entrepreneurs across the District to expand allowed venues, raise the revenue cap and streamline the registration process.

June 2020

Mississippi (HB 326)

Mississippi raised the annual revenue cap to $35,000 and expanded the law to allow online sales.

March 2021

Utah (HB 94)

Building on its 2018 legislation, Utah enacted a “microenterprise home kitchen” law to allow entrepreneurs to sell homemade meals with meat as long as they have a permit.

April 2021

New Mexico (HB 177)

IJ and a coalition of home bakers worked to pass a bill that eliminated Albuquerque’s ban on selling homemade foods, the permit requirement across the state, and the requirement that foods may only be sold at farmers markets and events, allowing sales from home, online, and by mail delivery.

April 2021

Montana (SB 199)

Building on the success of its 2015 legislation, Montana passed the Local Food Choice Act to allow producers to sell almost all foods, except certain meats, directly to consumers.

April 2021

Arkansas (SB 248)

SB 248, which allows online sales and sales to retailers and expands the types of shelf-stable foods that can be sold, was successfully passed with support from IJ.

May 2021

Alabama (SB 160)

A coalition of home bakers worked with IJ to pass SB 160, which removed the revenue cap, allowed online sales, and expanded the types of shelf stable foods that can be sold.

May 2021

Minnesota (SF 958)

IJ and the Minnesota Cottage Food Producers’ Association successfully advocated for SF 958, which allows cottage food producers to form as LLCs, raises the $18,000 revenue cap to $78,000, and allows producers to sell pet treats.

May 2021

Oklahoma (HB 1032)

IJ teamed up with a coalition of home food entrepreneurs to successfully advocate for HB 1032, which allows the sale of most homemade food and drink, except meat and seafood, up to $75,000 in revenue, and allows sales in more venues with less red tape.

June 2021

Florida (HB 663)

Supported by IJ and a coalition of home bakers, HB 633 raises the revenue cap to $250,000, allows sales to retailers and by mail delivery, and prevents local governments from adding additional regulations for cottage food producers.

August 2021

Illinois (SB 2007)

Aided by IJ, this bill eliminated the requirement that cottages foods be sold only at farmers markets and prohibits home rule governments from enacting rules inconsistent with state law, while keeping a wide range of allowed foods and no sales cap.

September 2021

California (AB 1144)

IJ worked with a coalition of home food entrepreneurs across California to pass AB 1144, which raises the revenue cap, allows the sales across county lines and allows sellers to ship their foods to customers by mail delivery and at retail stores.

October 2021

New Jersey (53 N.J.R. 1711(A))

Prompted by an IJ lawsuit, new state agency rules lift the ban on homemade food and allow people to sell any shelf-stable homemade food, making New Jersey the 50th and last state to allow the sale of homemade foods.

March 2022

Indiana (HB 1149)

With help from IJ, Indiana legalized selling homemade food online, via mail delivery, and from home.

March 2022

South Dakota (HB 1322)

Working with IJ, South Dakota legalized the sale of home-baked goods that require refrigeration and fermented foods.

April 2022

Tennessee (SB 693)

Tennessee legalized retail sales and hiring full-time employees for cottage food businesses, and also banned municipalities from imposing additional regulations.

May 2022

Connecticut (SB 187)

With help from IJ, Connecticut doubled its revenue cap from $25,000 to $50,000 for cottage food businesses.

May 2022

Maryland (HB 178)

Maryland doubled its revenue cap from $25,000 to $50,000 for cottage food businesses.

May 2022

South Carolina (S. 506)

With help from IJ, South Carolina greatly expanded the types of shelf-stable foods that can be sold and legalized selling cottage food products at grocery stores and other retail outlets.

June 2022

Missouri (HB 1697)

Missouri lifted its sales cap and allowed online sales for cottage food businesses.

June 2022

Louisiana (HB 828)

With help from IJ, Louisiana raised the sales cap for cottage food businesses to $30,000.

June 2022

Iowa (HF 2431)

Working with IJ, Iowa greatly expanded opportunities for homemade food businesses by allowing the sale of pickled and fermented foods, as well as certain meat products.

Selling Homemade Food Online

Today, 43 states, plus Washington, D.C., allow cottage food businesses to sell online to buyers within state limits.

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming District of Columbia

Mail Delivery

Today, 35 states and Washington, D.C. allow mail delivery of cottage food products.

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming District of Columbia

Retail Sales

Nationwide, 22 states, plus the District of Columbia, allow cottage food producers to sell through retail outlets like grocery stores or restaurants.

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming District of Columbia

Food Freedom

Separate from cottage food programs, several states have enacted laws designed to spur other types of homemade food businesses. Unlike cottage food programs, food freedom laws let residents sell almost any homemade food, including canned, pickled, and refrigerated goods, aside from those that contain meat, without any licensing, permitting, or inspection requirements.

Five states have enacted food freedom laws. According to the state health departments in Wyoming, North Dakota, and Utah, there has not been a single outbreak of foodborne illness linked to a food freedom business.

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming District of Columbia

Home Cooking

Five states have legalized the sale of home cooked meals that contain meat.

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming District of Columbia

However, California requires cities and counties that expressly opted in and passed ordinances authorizing “microenterprise home kitchen operations.” As of March 2022, MEHKO permits are available in the following:

  1. Alameda County
  2. Berkeley
  3. Imperial County
  4. Riverside County
  5. San Diego County
  6. San Mateo County
  7. Santa Barbara County
  8. Solano County

Kid Lemonade Stands

Since lemonade needs to be refrigerated, it’s typically excluded from many state cottage food laws. However, five states have banned cities and counties from banning or requiring a permit for lemonade stands run by kids.

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming District of Columbia

IJ’s Food Freedom Model Bills