Which state has the highest cottage food sales limit?

Florida and Wyoming at $250,000 per year, followed by California's Class B cottage food at $177,756 (2026). About 15 states have no cap at all, including Alaska, Idaho, Iowa, Kansas, Maine, Montana, Nebraska, New Mexico, North Dakota, South Dakota, and Utah.

Which states allow selling home-cooked meals, not just baked goods?

California, Iowa, Montana, North Dakota, Oklahoma, Tennessee, Texas, Utah, and Wyoming have laws allowing perishable, cooked food to be sold from a home kitchen directly to consumers. Alaska, Arkansas, Nebraska, South Dakota, and West Virginia allow some perishable items with restrictions.

Do I need a permit to sell cottage food?

It depends on the state. Roughly half require registration, a permit, or a license; others (Florida, Idaho, Wyoming, Mississippi) require nothing beyond labeling. Some require a food handler card.

Can I sell cottage food online?

Increasingly yes, but often only for in-state delivery or pickup. Virginia opened online and mail sales in July 2026; California allows online orders with in-person delivery or pickup within the state.

Cottage Food Laws by State (2026): Sales Caps, Permits, and Where You Can Sell Actual Meals

The short answer

Every U.S. state has a cottage food law that lets you sell shelf-stable foods (baked goods, jams, candy) from a home kitchen, with annual sales caps ranging from $25,000 (Michigan) to $250,000 (Florida, Wyoming) or no cap at all in about 15 states. Only nine states let you sell actual cooked meals from home: California (MEHKO), Iowa, Montana, North Dakota, Oklahoma, Tennessee, Texas, Utah, and Wyoming — with Alaska, Arkansas, Nebraska, South Dakota, and West Virginia allowing some perishable items. The table below has all 50.

Cottage food vs. food freedom vs. home kitchen laws

The terms get mixed up constantly, and they matter because they decide whether you can sell a loaf of bread or a plate of biryani:

Cottage food laws cover non-perishable, "non-TCS" foods — things that are safe at room temperature. Every state has one. Most require a registration or permit and cap annual sales.
Food freedom laws (Wyoming, Montana, North Dakota, Utah, Oklahoma, Arkansas, Tennessee) deregulate direct-to-consumer sales more broadly, and several explicitly allow perishable foods and meals as long as the buyer is informed the food wasn't inspected.
Home kitchen / MEHKO laws (California, Utah) treat a home kitchen as a permitted mini-restaurant — inspected, certified, and allowed to sell any meal, with meal and revenue caps.

All 50 states

Home food laws by state. "Meals" = can you sell perishable, cooked food (not just shelf-stable). Last reviewed September 2026; verify with your state before relying on it.
State	Annual sales cap	Meals?	Notes
Alabama	None stated	No	Cottage food; direct sales only
Alaska	None	Limited	2024 expansion allows some perishable items direct-to-consumer
Arizona	None stated	No	Registration with ADHS required
Arkansas	None	Limited	Food Freedom Act (2021) — direct sales, some TCS with labeling
California	$88,878 (A) / $177,756 (B) cottage; $100,000 MEHKO	Yes	MEHKO for meals in opted-in counties; see our California guide
Colorado	$90,000 per product	No	Cottage food; food safety course required
Connecticut	$50,000	No	License required
Delaware	None	No	Permit required
Florida	$250,000	No	Highest cottage cap in the U.S.; no license needed
Georgia	$150,000–$300,000	No	License required
Hawaii	None stated	No	Permit required
Idaho	None	No	No permit for cottage food
Illinois	$50,000–$75,000	No	Home Kitchen Operation registration; local health dept
Indiana	None stated	No	Home-based vendor rules
Iowa	None	Yes	2022 law allows TCS foods with a home food processing license
Kansas	None	No	No permit for non-TCS
Kentucky	None stated	No	Home-based processor registration
Louisiana	None stated	No	Home-based preparer rules
Maine	None	No	Home food license; local Food Sovereignty ordinances vary
Maryland	$50,000 (→ $100,000 on Oct 1, 2026)	No	Cap doubles under 2026 legislation
Massachusetts	None stated	No	Residential kitchen permit from local board of health
Michigan	$25,000	No	Lowest cap; no license
Minnesota	None stated	No	Registration; tiers by revenue
Mississippi	$35,000	No	No permit
Missouri	None stated	No	Direct sales only
Montana	None	Yes	Local Food Choice Act (2021) — meals and TCS direct-to-consumer
Nebraska	None	Limited	Registration; some TCS direct sales
Nevada	$35,000	No	Registration required
New Hampshire	$35,000 (or unlimited with license)	No	Homestead food license above the cap
New Jersey	$50,000	No	Permit required (law since 2021)
New Mexico	None	No	Permit required
New York	$50,000	No	Home processor registration
North Carolina	$50,000	No	Home processing inspection
North Dakota	None	Yes	Cottage food law allows TCS foods direct-to-consumer
Ohio	$75,000	No	Home bakery license for some products
Oklahoma	$75,000	Yes	Homemade Food Freedom Act (2021) — TCS allowed with labeling
Oregon	$52,700 (2026, inflation-indexed)	No	Domestic kitchen license above the cap
Pennsylvania	None stated	No	Limited food establishment registration
Rhode Island	$50,000	No	Registration; farm-based expansion 2022
South Carolina	None stated	No	Home-based food production
South Dakota	None	Limited	2020 law allows some TCS with food safety training
Tennessee	None stated	Yes	Food Freedom Act (2025) — meals direct-to-consumer
Texas	$50,000	Yes	2025 expansion allows some TCS foods with refrigeration and labeling
Utah	None	Yes	Microenterprise Home Kitchen (2021) — modeled on California MEHKO
Vermont	$30,000	No	Home bakery license
Virginia	$50,000	No	Online/phone sales and mail delivery allowed from July 1, 2026
Washington	$75,000	No	Cottage food permit; inspection required
West Virginia	None stated	Limited	New permit for perishable cottage foods (June 2026), in-state only
Wisconsin	None stated	No	Court rulings expanded baked goods; other items limited
Wyoming	$250,000	Yes	Food Freedom Act (2015) — the original; meals allowed direct-to-consumer

a note on accuracy —

State legislatures revise these laws every session — Maryland, Virginia, and West Virginia all changed theirs in 2026. Caps in several states are inflation-indexed and change each January. Treat this table as a starting point and confirm with your state department of health or agriculture before you sell.

The nine states where you can sell a real dinner from home

If your menu involves anything hot, anything with meat, rice, or dairy — in other words, a meal — the cottage food route won't work. These states have laws for it:

California — MEHKO (AB 626, 2019). Permitted and inspected; 30 meals/day, 90/week, $100k/yr; county opt-in. The most complete framework. Full guide →
Utah — Microenterprise Home Kitchen law (2021), closely modeled on California's, with a state-level permit.
Wyoming — Food Freedom Act (2015, expanded since). No permit, no inspection, direct-to-consumer only, informed-consumer disclosure required.
Montana — Local Food Choice Act (2021). Same model as Wyoming.
North Dakota — Cottage food expansion allows TCS foods direct-to-consumer.
Oklahoma — Homemade Food Freedom Act (2021). TCS foods with labeling; $75k cap.
Iowa — 2022 expansion; home food processing license permits TCS foods.
Texas — 2025 expansion of the cottage food law adds certain refrigerated foods with labeling; $50k cap.
Tennessee — Food Freedom Act (2025). Direct-to-consumer meals allowed.

What's common to almost every state

Direct-to-consumer only. Most laws prohibit wholesale, or gate it behind a higher-tier permit (California Class B, New Hampshire's homestead license).
Labeling. Nearly every state requires a label with the producer's name and address, the product name, ingredients in descending order, allergen disclosure, and a "made in a home kitchen not subject to inspection" statement.
Food safety training. A growing number require a food handler card; California, Colorado, and Utah's home kitchen program require more.
In-state sales. Shipping across state lines generally triggers federal (FDA) rules and isn't covered by cottage food laws.

Most makers on Makinson Street today are in California, where MEHKO gives customers the strongest guarantee — an inspected kitchen and a certified maker — and verifies every permit before a maker goes live. If you're in another state with a meals-allowed law and want to be first in your area, apply and tell us your state; the permit types above are all supported.

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