Cottage Food Laws by State (2026): Do You Need a License?
How cottage food laws work
A cottage food law lets people make certain foods at home and sell them without the permit, commercial kitchen or routine inspections that other food businesses need. In exchange, the law limits what you can make, how much you can sell and where you can sell it.
Many states focus on foods that are less likely to cause illness, such as baked goods, candy and jams, but the lists differ. Florida allows only foods that do not need refrigeration or other time and temperature control. Texas now allows almost any food except a short banned list, and it lets you sell refrigerated foods if you register.
How cottage food laws differ by state
The table compares the states we have covered so far. Each row is explained in detail on the state page.
| Question | Texas | Florida |
|---|---|---|
| License or permit | None to produce or sell. Registration with the Texas Department of State Health Services (DSHS) is required only for refrigerated foods and for cottage food vendors. | None. No state registration or fee. |
| Annual sales limit | $150,000 in gross sales, adjusted each year for inflation | $250,000 in gross sales |
| Foods you can sell | Any food except meat, poultry, seafood, ice products, low-acid canned goods, products with CBD or THC, and raw milk | Only foods that do not need time or temperature control, such as bread, cakes, candy, jams, honey and granola |
| Refrigerated foods | Allowed with DSHS registration | Not allowed |
| Training | An accredited food handler course is required | Not required by state law |
| Online sales | Allowed with personal delivery by you, an employee or a household member | Allowed, including mail order and delivery by USPS or a commercial carrier |
| Wholesale | Only non-refrigerated foods, sold to a registered cottage food vendor | Not allowed |
| Label statement | “THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION.” | “Made in a cottage food operation that is not subject to Florida’s food safety regulations.” |
| Cities and counties | Cannot require a permit or fee for cottage food production | Cannot ban or regulate cottage food operations, but home-based business conditions still apply |
Labels and allergens
Both states require a label on cottage food products. It must name your operation and the product, list allergens and carry the state’s required statement shown in the table. For allergens, federal law recognizes nine major food allergens: milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans and sesame. Sesame was added by the FASTER Act, effective January 1, 2023.
Find your state
Texas
$150,000 limit, no permit, refrigerated foods with registration.
Florida
$250,000 limit, no permit, no refrigerated foods, no wholesale.
Coming soon (we add a state only after checking its official sources):
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- 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
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Before you start selling
- Read the page for your state and confirm the details with your state’s food safety agency. Laws change, and each state page names its official sources.
- Check private rules too. HOA covenants and lease terms can limit a home business even when state law allows it.
- Sales tax and business registration are separate from cottage food rules, so check them with your state and city.
- Think about product liability coverage. See our guide to liability, risk and insurance.
Frequently asked questions
What is a cottage food law?
It is a state law that lets you make certain foods in your home kitchen and sell them directly to customers without a commercial kitchen, a food permit or routine inspections. In return, the law limits which foods you can make, how much you can sell, where you can sell and what the label must say.
Do I need a cottage food license?
It depends on the state. Texas requires no license or permit to produce or sell cottage foods, but you must register with DSHS to sell refrigerated foods or to act as a cottage food vendor. Florida requires no license, permit, registration or fee as long as you follow section 500.80 of the Florida Statutes.
Which foods cannot be sold under a cottage food law?
Each state sets its own list. Texas bans meat and poultry, seafood, ice products, low-acid canned goods, products with CBD or THC, and raw milk. Florida allows only foods that do not need time or temperature control for safety, so items such as cheesecake are not allowed.
What is the cottage food registration called?
There is no single national name. Texas calls a home business a cottage food production operation and uses a DSHS registration for refrigerated foods and cottage food vendors. Florida calls it a cottage food operation and has no registration. Other states may use other terms, so look for the name your state uses before you apply for anything.
Do cottage food laws change?
Yes, and often. Texas Senate Bill 541 raised the Texas sales limit from $50,000 to $150,000 and widened the list of allowed foods on September 1, 2025. Florida raised its limit to $250,000 on July 1, 2021. Check the date a page was last verified and confirm with your state agency before you start.
Official sources
- Texas Department of State Health Services (DSHS): Texas Cottage Food Production
- Texas Health and Safety Code, Chapter 437, and Texas Senate Bill 541 (89th Legislature, 2025)
- Florida Department of Agriculture and Consumer Services (FDACS): Cottage Foods
- Florida Statutes §500.80 (2025 edition) and §500.03, and CS/HB 663 (2021)
- U.S. Food and Drug Administration (FDA): Food Allergies, on the Food Allergen Labeling and Consumer Protection Act (2004) and the FASTER Act (2021)
Each state page lists the sources used for that state in more detail.