Massachusetts Cottage Food Law (2026): Residential Kitchen Permit and Labels
At a glance
- License or permit
- Cottage Food Operation permit from your local board of health for retail sales; a DPH license for wholesale sales
- Fee
- Set by each local board of health; not stated in the state guidance we read
- Annual sales limit
- None found in the state guidance we read
- Allowed foods
- Cottage food products: foods that can be held safely at room temperature, such as baked goods, jams and jellies
- Where you can sell
- Directly to consumers, including at markets, craft fairs, and by internet or mail; wholesale with a separate DPH license
- Not allowed
- Cream-filled pastries, cheesecake, custard, cut fruit and vegetables, tomato and barbecue sauce, pickled products, relishes and salad dressings
- Training required
- Not listed in the state guidance we read; some local boards ask for food allergen awareness training
Retail or wholesale?
| Question | Retail residential kitchen (Cottage Food Operation) | Wholesale residential kitchen |
|---|---|---|
| Who you sell to | Directly to consumers, including farmers markets, craft fairs, and by internet or mail. | Stores, restaurants and others that resell to the final consumer. |
| Who issues the permit | The local board of health, which also inspects the kitchen (105 CMR 590.010(F)(2)(a)). | The Massachusetts Department of Public Health, Food Protection Program (105 CMR 500.015(B)). |
| Rules that apply | The Retail Food Code, 105 CMR 590. | Good Manufacturing Practices, 105 CMR 500. |
| What you can make | Cottage food products that are safe at room temperature. | Foods that can be held safely at room temperature and do not need refrigeration. |
Most home kitchens that cook for a family or for a charity bake sale do not need a permit. If you sell out of state, you must also follow federal law and the laws of the state where you do business.
What you can sell
The Department of Public Health says a retail residential kitchen may make only “cottage food products.” These are foods that are not time and temperature controlled for safety (non-TCS), such as baked goods, jams and jellies. You may use TCS ingredients such as milk, cream and eggs if the finished product is not TCS.
| Food | Allowed? |
|---|---|
| Breads, cookies, cakes and other non-TCS baked goods | Yes |
| Jams and jellies | Yes the only products that may be thermally processed in sealed containers |
| Cream-filled pastries, cheesecake and custard | No require hot or cold holding |
| Cut fruit and vegetables, including cut melons, leafy greens and tomatoes | No |
| Tomato sauce, barbecue sauce and salad dressings | No |
| Pickled products and relishes | No acidification is a prohibited process |
| Raw or heat-treated meat or fish | No |
| A product whose safety is unclear, such as a new recipe | Lab test may be required pH, water activity or other tests |
The state also bans several processes in a residential kitchen: acidification, hot fill, thermal processing in hermetically sealed containers (jams and jellies are the exception), vacuum packaging, and curing and smoking. The permit holder or applicant may be asked to give the board of health laboratory evidence, such as pH or water activity testing, to show that a product does not need temperature control. Using one standard recipe that a lab has evaluated makes this easier.
How to apply
- Check your product list.Make sure everything you plan to sell is a cottage food product and does not need refrigeration.
- Call your local board of health.Ask for the Cottage Food Operation or residential kitchen application, the fee, whether plan review is needed and how to book the inspection. The state does not issue the retail permit.
- Test private well water.A kitchen on a private water supply must test the water before permitting and at least once a year afterward.
- Prepare for the inspection.Follow the kitchen rules below. Boards of health can ask for lab evidence for specific products.
- Label your products.Use the label items below before you sell.
Home kitchen rules
The Department of Public Health’s guidance for permitted residential kitchens (April 1, 2019) sets these minimum rules:
- Water and waste. Use only potable water from a properly built on-site well or the municipal system, and dispose of sewage through a system approved by the board of health.
- Handwashing. The kitchen sink needs a soap dispenser and disposable towels, and there must be a separate sink in the toilet room.
- Dishwashing. A home dishwasher may be used if its internal temperature reaches at least 150°F after the final rinse and drying cycle.
- Cleaning. Wash, rinse and sanitize food contact surfaces, equipment and utensils before each use, and keep the kitchen free of rodents and insects.
- People. Only the permit holder and people under supervision may work with the food. No bare-hand contact with ready-to-eat food, and no one may work when ill.
- Children and pets. No infants or small children in the kitchen while food is being prepared, packaged or handled, and pets must be kept out of the kitchen area during preparation.
- Other activities. No food preparation at the same time as family meal preparation, laundry, ironing or entertaining guests.
- Rooms. Living or sleeping quarters may not be used for the cottage food operation.
Massachusetts label requirements
Cottage foods must be prepackaged with a label in English that shows:
- the name and address of the Cottage Food Operation;
- the name of the product;
- the ingredients in descending order of predominance by weight, with the parts of any prepared ingredient listed, for example “soy sauce (wheat, soybeans, salt)”;
- the net weight or net volume;
- allergen information under federal rules, naming ingredients made from milk, eggs, wheat, peanuts, soybeans, fish, shellfish and tree nuts;
- nutrition labeling under federal rules if you make any nutrient content claim, health claim or other nutritional statement.
The state guidance does not require a “made in a home kitchen” statement on the label. You do not need a laboratory to produce the ingredient list.
100 Example Road, Worcester, MA 01608
Where you can sell
- Retail. Farmers markets, craft fairs, sales from home, and sales by internet or mail are all “direct to the consumer,” and the permit covers them.
- Wholesale. Selling to a supermarket or restaurant that resells needs a DPH license under 105 CMR 500.
- Other states. Follow federal law and the other state’s rules.
- Market rules. Markets and your town may add requirements, so ask each one.
Bake sales and donations
You do not need a permit to make food in a residential kitchen for a religious or charitable bake sale if the food is not TCS and a clearly visible placard tells buyers that the food was prepared in a kitchen that is not subject to regulation and inspection. The school, church or other site that hosts the bake sale does not need a permit either (M.G.L. c. 94, section 328). Food prepared for donation to a non-profit charitable facility that gives it away or charges only enough to cover handling does not need a permit, even if it is TCS.
Training and insurance
The state pages we read do not list a training requirement. Some local boards of health ask for food allergen awareness training or similar certificates with the application, so ask yours. Product liability coverage is also worth considering. See our guide to liability, risk and insurance.
Local rules and HOAs
The state guidance says a Cottage Food Operation must comply with all municipal laws and zoning ordinances. Check your town’s home business rules, your HOA covenants and your lease. For general background, see our planning and zoning guide.
Frequently asked questions
Do I need a permit to sell baked goods from home in Massachusetts?
Yes if you sell directly to consumers. The local board of health issues a Cottage Food Operation permit. A charity bake sale that meets the state conditions does not need one.
Who issues the Massachusetts cottage food permit?
The local board of health in the city or town where the kitchen is located.
What can I sell under a Massachusetts cottage food permit?
Foods that are safe at room temperature, such as baked goods, jams and jellies. Cream-filled pastries, cheesecake, custard, cut produce, pickled products and sauces are not allowed.
Can I sell cottage food online or by mail in Massachusetts?
Yes. The state treats sales by internet or mail as direct to the consumer and covered by the retail permit. For sales to another state, also follow federal law and that state’s rules.
Is there a sales limit in Massachusetts?
We found no sales limit in the state guidance we read.
Can I sell cottage food to stores or restaurants in Massachusetts?
Not with the retail permit. You need a wholesale license from the Department of Public Health under 105 CMR 500.
Can I make jam in a Massachusetts home kitchen?
Yes. Jams and jellies are the one exception to the ban on thermal processing in sealed containers.
Can I can pickles to sell in Massachusetts?
No. Pickled products and acidification are not allowed in a residential kitchen.
Do I need to test my well water?
Yes, before permitting and at least once a year if the kitchen uses a private well.
Can my kids or pets be in the kitchen?
No infants or small children while food is handled, and pets must be kept out of the kitchen area during preparation.
Note on conflicting sources
The state guidance on residential kitchens is dated April 1, 2019, and the question and answer page does not show a later date. We could not open the text of 105 CMR 590 or M.G.L. c. 94 on the Massachusetts legislature and regulation sites, and we did not find a more recent Department of Public Health notice. Some guides say there is a cottage food sales cap or a state training rule; we found neither in the state pages we read. Permit fees, forms and local requirements vary by city and town. TODO verify: the current text of 105 CMR 590.001, 590.009 and 590.010, whether a sales cap exists, the allergen or food manager training that boards of health require, and any change since 2019.
Official sources
- Massachusetts Department of Public Health, Division of Food Protection: Residential Kitchen Questions and Answers (mass.gov)
- Massachusetts Department of Public Health: Retail Food Code Standards for Permitted Residential Kitchens (guidance dated April 1, 2019)
- 105 CMR 590.000, State Sanitary Code Chapter X, Minimum Sanitation Standards for Food Establishments (including sections 590.001(C) and 590.010(F)) and 105 CMR 500.000, Good Manufacturing Practices for Food
- Massachusetts General Laws, chapter 94, section 328 (bake sales and donations)
- Your local board of health
- Not checked for this page: the regulation text itself and local fee schedules