Kansas Cottage Food Law (2026): Direct-to-Consumer Exemption, Labels and Where to Sell
At a glance
- License or permit
- None for foods that do not need temperature control or specialized processing, sold directly to the end consumer
- Annual sales limit
- None in the statute
- Allowed foods
- Baked goods, candy, jams, fruit butters, nuts, dried pasta, tea, honey and similar shelf-stable foods made in a clean home kitchen
- Where you can sell
- Directly to consumers, including at markets and festivals, online and shipped, or delivered by you
- Not allowed
- Sales to stores, restaurants and craft malls, consignment, and foods that need a license, such as cheesecake, pickles and cream pies
- Training required
- None found in the statute or the KDA guide
Who the Kansas law covers
Kansas licenses food establishments under K.S.A. 65-689, and subsection (d)(4) says a license is not required for a person who produces food for distribution directly to the end consumer, if the food does not require time and temperature control for safety or specialized processing, as determined by the secretary of agriculture. Kansas State University Extension and KDA publish a guide (MF3138, revised January 2026) that says this covers what other states call cottage food. The exemption does not stop inspection: KDA can inspect or regulate an exempt business when a violation is observed or reported.
What you can sell
KDA decides what counts as shelf-stable and not specialized. The K-State guide lists foods by whether they need a license.
| Food | Allowed without a license? |
|---|---|
| Cookies, breads, cakes, cinnamon rolls, fruit pies and fruit cobbler | Yes breads with cheese or vegetables baked in need testing |
| Candy, fudge, chocolate-dipped foods, dry baking mixes and popcorn | Yes |
| Fruit jams and jellies, apple butter and canned naturally acidic fruit | Yes reduced-sugar jams need a product assessment |
| Nuts, nut butters, tea, herbs, spices, honey and home-ground flour | Yes |
| Pecan pie | Depends on testing the filling’s water activity decides whether a license is needed |
| Cheesecake, cream-filled pastries, cream and meringue pies, custard, pumpkin pie and quiche | No license required, except for six or fewer days a year |
| Pickles, hot sauce, fermented foods and low-acid canned foods | No license required, plus recipe approval for acidified and low-acid foods |
| Milk and dairy products, jerky and most meat products, alcohol, sprouts | No separate licenses or inspected facilities |
Foods that do not need a license may be made in your home kitchen if it is clean and sanitary. For foods that do need a license, the producer must use a licensed facility. Pet treats need a Kansas commercial feed license, not a food license.
Do you need to register?
You do not register with the state food program, but there are two related duties. Every vendor must get a Retail Sales Tax certificate from the Kansas Department of Revenue, and sole proprietors do not file with the Secretary of State. If you sell some foods only six or fewer days a year, such as cheesecake or cream pies, you can skip the KDA Food Establishment license, and the six days count the day the food is made and each day it is sold.
Home rules
K.A.R. 4-28-33 sets sanitation rules for every business that is exempt from licensing. Food preparation areas must be protected from rain, dust and pests, and animals are not allowed in them. Food contact surfaces, cutting boards, utensils and dishes must be washed, rinsed and sanitized before you start, using a bleach solution of 50 to 100 parts per million for 10 seconds or another sanitizer labeled for food contact. Nobody may touch ready-to-eat food with bare hands, and workers must wash their hands for at least 10 seconds before handling food and after contamination. People with vomiting, diarrhea, jaundice, sore throat with fever, open infected wounds or certain illnesses must not work with food. If your water comes from a private well or spring, you must meet local test rules, or test at least once a year for nitrates (below 20 milligrams per kilogram) and for total and fecal coliforms (zero), and keep a copy to show on request. A septic system needs approval from the Kansas Department of Health and Environment or the county sanitarian.
Kansas label requirements
Packaged foods need a label with:
- the common name of the product, such as apple pie;
- the name and physical address of the person who made or sells it;
- the ingredients in descending order by weight, with the nine major allergens named in plain language, for example “casein (milk)”;
- the quantity, as net weight, volume or count.
Kansas does not require a “homemade” or “not inspected” statement on uninspected food made in the state, but you may add one, and the food must be honestly presented. A product bought for resale cannot be advertised as grown by you.
100 Example Road, Wichita, KS
Where you can sell
- Directly to the person who will eat it. The guide says the exemption covers direct sales at farmers markets, festivals, bazaars and craft shows where people sell their own products, and exempt foods sold online and shipped to the customer or delivered by the producer.
- Not to businesses. A sale to a restaurant, grocery, variety or convenience store, or craft mall where you leave the product needs a KDA Food Processing license. Consignment sales are not covered either.
- Across state lines. You must meet federal requirements and the rules of the state where the buyer is.
- At a market. Market managers may have rules that are stricter than the state’s.
Training and insurance
We found no food safety course requirement for unlicensed sales. Product liability coverage is worth considering. See our guide to liability, risk and insurance.
Local rules and HOAs
The exemption does not address city or county zoning or home business rules, so ask your city or county. Private rules apply too, so check your HOA covenants and lease. For general background, see our planning and zoning guide.
Frequently asked questions
Can I sell food made in my home kitchen in Kansas?
Yes, if the food does not need temperature control or specialized processing, you sell it directly to the end consumer and your kitchen is clean and sanitary.
Do I need a license to sell baked goods from home in Kansas?
No, not for baked goods that do not need refrigeration. Cheesecake, cream pies and similar foods need a KDA license.
Is there a sales limit in Kansas?
The statute sets no limit on sales under the exemption.
Can I sell cottage food online or by mail in Kansas?
Yes. The K-State and KDA guide says the exemption applies to exempt foods sold online and shipped to the customer, or delivered by the producer. If the customer is in another state, you must follow federal rules and that state’s rules.
Can I sell to grocery stores?
Not under the exemption. Sales to another business for resale need a KDA Food Processing license, and so does leaving product at a craft mall or selling on consignment.
Can I sell pickles or canned goods in Kansas?
Jams, jellies, apple butter and canned naturally acidic fruit can be sold without a license. Pickles, hot sauce and low-acid foods need a KDA license and a reviewed recipe.
Note on conflicting sources
Some guides call Kansas a state without a cottage food law, some cite K.S.A. 65-656 or 65-657, and some say the law covers only in-person sales. The statute that holds the exemption is K.S.A. 65-689(d)(4), and the January 2026 K-State and KDA guide says online and shipped sales are covered. Some guides also say a homemade statement is required, but the guide says it is not. We followed the statute and that guide. We read the statute and regulation as published by the National Agricultural Law Center, current through December 2024.
Official sources
- Kansas Statutes Annotated, section 65-689 (food establishment and food processing plant licensing; exceptions)
- Kansas Administrative Regulations, section 4-28-33 (sanitation and hygiene requirements for exempt food establishments)
- Kansas State University Extension and Kansas Department of Agriculture: Foods Sold Directly to Consumers in Kansas (MF3138, revised January 2026)
- Kansas Department of Agriculture, Food Safety and Lodging Program
- Kansas Department of Revenue: sales tax information
- U.S. Food and Drug Administration (FDA): Food Allergies (FASTER Act, sesame)