The state-by-state answer

Nobody can tell you the rule for your state in a sentence, because there are fifty rules and they differ on the things that matter most.

Why there is no single answer

Cottage food and small food processor regimes are state law. They differ on which products qualify, which sales channels are allowed, what the annual ceiling is, what the label must say, and whether any registration or training is required.

Two neighboring states can give opposite answers on whether you may sell a jar of your spice over the internet.

The five questions to ask your own state

Ask them specifically. The general question gets a general answer that will not decide anything.

One: does dry spice or a dried herb blend qualify under the exemption. Two: may I sell online, and if so is it restricted to in-state delivery. Three: may I sell wholesale to a shop. Four: what is the annual sales ceiling and what happens when I cross it. Five: what exact wording must appear on the label.

Two worked examples

Iowa publishes an extension guide to its cottage food law that sets out qualifying products and channels in plain language, which is a useful model of what a clear answer looks like.

Michigan State Extension publishes on the rules for selling food in Michigan, including the label statement required for home-produced goods.

Neither tells you your answer unless you are there. Both show you the shape of the questions and the level of specificity to expect.

Where to look

Start with your state department of agriculture, then the state health department, then your county, which can add requirements the state does not. Then check whether your extension service has published a guide, because it will be clearer than the statute and it will be current.

Get the answer in writing where you can. A verbal assurance from an office is not much help two years later when somebody asks on what basis you were operating.

References