Can I Sell Food From Home Legally? A State-by-State Reality Check
It's legal to sell food from home in every US state — but the foods you can sell, the channels you can use, and the dollar amounts you can earn vary dramatically. Answer these four questions and you'll know your exact path in under 10 minutes.
Question 1: What food do you want to sell?
Shelf-stable baked goods, candies, jams, dry mixes, and roasted coffee are allowed in every state with a cottage food law (49 states plus DC). Meat, dairy, and refrigerated foods almost always require a commercial facility or a commissary kitchen rental.
If your product needs refrigeration to stay safe, your home kitchen probably isn't an option without a special variance.
Question 2: Who is buying — and where do they pick up?
Direct-to-consumer, in-state pickup or delivery is the standard cottage food channel. Selling wholesale to a coffee shop or shipping to another state usually requires a different license (FDA registration if you ship interstate).
Question 3: How much do you expect to make?
Sales caps range from $5,000/year (Vermont) to unlimited (Texas, Wyoming, Maine, and others). If you'll do under $20,000/year, almost every state covers you. Above $50,000, you'll likely need to transition to a commercial setup.
Question 4: Do you live somewhere with a local layer of rules?
A few cities and counties add extra registration on top of state cottage food law. Texas counties, some California counties, and some Massachusetts towns are common examples. A 10-minute call to your county health department resolves this.
Putting it together
If you're selling cookies to neighbors in Ohio, the answer is yes with almost zero paperwork. If you're selling refrigerated meal preps in California for $80k/year, the answer is yes — but you'll need a commercial kitchen or a Microenterprise Home Kitchen Operation (MEHKO) permit. Most home sellers fall in the easy bucket.
