Missouri Cottage Food Law (2026): What You Can Sell, Labels and Online Sales
At a glance
- License or permit
- The statute creates no state permit or registration. A cottage food production operation is not a food service establishment and is exempt from state health and food code rules other than the cottage food law and its rules.
- Annual sales limit
- None in the current statute
- Allowed foods
- Baked goods that are not potentially hazardous (cookies, cakes, breads, danish, donuts, pastries, pies), canned jams and jellies, and dried herbs or herb mixes
- Not covered
- Anything outside those three categories, and baked goods that are potentially hazardous
- Where you can sell
- Only directly to consumers. Internet sales are allowed only when both you and the buyer are located in Missouri.
- Training required
- None in the statute
Who the Missouri cottage food law covers
Missouri’s cottage food law is section 196.298 of the Revised Statutes of Missouri. It covers a cottage food production operation: an individual operation out of the individual’s home that produces baked goods, canned jams or jellies, or dried herbs or herb mixes for sale at the individual’s home, and sells them only directly to consumers. “Home” means a primary residence with a kitchen and appliances designed for common residential use. The current version of the law took effect on August 28, 2022, after amendments in House Bill 1697.
What you can sell
The law lists three kinds of food. Baked goods include cookies, cakes, breads, danish, donuts, pastries, pies and other items baked in an oven, but not a baked good that is a potentially hazardous food as defined by the Department of Health and Senior Services (DHSS). Canned jams and jellies and dried herbs or herb mixes are the other two categories. The law does not mention any other foods, so items such as candy, pickles, salsa, meat or dairy products are not covered.
| Food | Allowed? |
|---|---|
| Cookies, cakes and breads | Yes |
| Danish, donuts and pastries | Yes |
| Pies and other baked goods that are not potentially hazardous | Yes |
| Canned jams and jellies | Yes |
| Dried herbs and herb mixes | Yes |
| Baked goods that need refrigeration, such as cream or custard fillings | No potentially hazardous foods are excluded |
| Other canned foods, such as pickles, salsa or canned vegetables | No only jams and jellies are listed |
| Candy and confections | No not one of the three categories |
| Meat, jerky, eggs and dairy products | No not one of the three categories |
Sales limits and licensing
The current statute contains no annual sales limit. It also says a cottage food production operation is not a food service establishment and is not subject to state health or food code laws or regulations other than section 196.298 and the rules adopted under it. A local health department may not regulate the production of food at a cottage food operation, but both DHSS and local health departments must keep a record of complaints, and they keep the authority to investigate a foodborne illness or outbreak.
The cottage food law does not replace other business rules. Ask your city or county about business licenses and zoning, and the Missouri Department of Revenue about sales tax. We have not covered tax rules here.
Missouri cottage food label requirements
The statute tells DHSS to adopt rules requiring a label on every food you sell. The label must include:
- the name and address of your cottage food production operation;
- a statement that the food is not inspected by the Department of Health and Senior Services or the local health department.
The statute does not give the exact wording of the statement, so confirm it with DHSS or your local health department. Adding the product name, the ingredients and any major food allergens is good practice; federal law recognizes nine major allergens: milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans and sesame.
123 Sample Street, Anytown, MO 00000
required by RSMo 196.298
required in substance by RSMo 196.298; confirm the exact wording with DHSS or your local health department
recommended
recommended, so customers with food allergies can choose safely
Where you can sell
- Directly to consumers only. The statute describes food produced for sale at your home and sold only directly to consumers, so sales to stores, restaurants, wholesalers or other resellers are outside the law.
- Online: allowed only when both your operation and the buyer are located in Missouri.
- Markets, events and delivery: the statute does not address farmers markets, events, shipping or delivery. Ask your local health department before you sell anywhere other than your home.
Training and insurance
The Missouri cottage food law does not require a food handler course, a certificate or insurance. A basic food safety course and product liability coverage are still worth considering, and some markets ask for them. See our guide to liability, risk and insurance.
Local rules and HOAs
Local health departments cannot regulate how you produce cottage food at home, but cities and counties may still have zoning, home business or business license rules. 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 from home in Missouri?
Yes, if it is a baked good that is not potentially hazardous, a canned jam or jelly, or a dried herb or herb mix. You can sell it directly to consumers with no state sales limit, as long as each product carries a label with your name, address and a statement that the food is not inspected.
Do I need a permit to sell baked goods from home in Missouri?
The cottage food law creates no state permit, and a cottage food operation is not treated as a food service establishment. Local health departments cannot regulate production at your home. Your city or county may still require a business license, so ask locally.
Is there a sales limit for Missouri cottage food?
No. The current version of section 196.298, in effect since August 28, 2022, does not set a dollar limit.
Can I sell cottage food online in Missouri?
Yes, but only when both you and the buyer are located in Missouri. The statute does not address shipping or delivery, so ask your local health department about how you plan to get products to customers.
Can I sell candy, pickles or salsa under the Missouri cottage food law?
No. The law covers only baked goods, canned jams and jellies, and dried herbs or herb mixes. Other foods are outside the cottage food exemption, so ask DHSS or your local health department what applies to them.
Note on conflicting sources
Many guides online give a fixed label statement that they attribute to DHSS, describe an annual sales cap, or say a separate state sales license is needed. The current statute requires a label with your name, address and a statement that the food is not inspected, sets no sales cap and creates no permit. We could not open the DHSS cottage food guidance directly at the time of our review, so confirm the exact label wording with DHSS or your local health department.
Official sources
- Revised Statutes of Missouri, section 196.298 (as amended by House Bill 1697, effective August 28, 2022)
- Missouri Department of Health and Senior Services (DHSS), the agency named in the statute
- U.S. Food and Drug Administration (FDA): Food Allergies (FASTER Act, sesame)