Cottage food laws by state: what home bakers can sell, and how

Cottage food laws let you make shelf-stable foods such as cookies, breads and jams in your home kitchen and sell them without a commercial kitchen, but each state sets its own sales cap, sign-up step and label wording. As of October 2026, California caps a Class A home kitchen at US$88,878 a year, Texas at US$150,000 and Florida at US$250,000, while New York and North Carolina publish no cap. The biggest differences are about online orders: some states allow mail delivery, Texas requires you to deliver in person, and New York keeps all sales inside the state.

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Comparison table (as of October 2026)

Sources and dates are listed at the end of this page. Rules change, so confirm with your state or county before you start. This is general information, not legal advice.

California: Class A or Class B

California's Department of Public Health keeps the list of approved cottage foods, but your county environmental health department registers (Class A) or permits (Class B) you.

• Class A sells only directly to consumers anywhere in California. Direct sales include orders by phone, internet or any digital method, fulfilled in person, by mail delivery or through a third-party delivery service.
• Class B can also sell indirectly through permitted shops and restaurants.
• 2026 sales limits: US$88,878 for Class A and US$177,756 for Class B, adjusted each January for inflation. CDPH's requirements page still shows the base amounts of US$75,000 and US$150,000.
• Approved foods list: CDPH posted a notice in October 2026 to add chocolate and nut spread; the new list is due on or about November 16, 2026.

Texas: personal delivery, no mail order

Senate Bill 541 changed Texas cottage food law from September 1, 2025:

• the income limit rose from US$50,000 to US$150,000 a year, adjusted for inflation;
• mail order was removed as a way to sell;
• internet sales stay allowed only if the buyer orders from you and you, an employee or a household member delivers the food in person;
• you can put a DSHS registration number on the label instead of your home address.

You don't need a permit or license, and health departments can't charge a fee for direct sales. You do need accredited food handler training, and foods that need time and temperature control must be registered and carry a safe-handling statement.

Florida: the highest cap, and mail order allowed

Florida Statutes section 500.80 lets a cottage food operation sell up to US$250,000 a year without a food permit, over the internet, by mail order or in person. Products may be delivered in person, to an event venue, or by U.S. mail or a commercial carrier, but not sold wholesale. Prepackaged products need the state's cottage food statement in at least 10-point type, in a color that contrasts with the label. Regulation is preempted to the state, so a city or county can't ban a cottage food operation, though home-based business rules still apply.

New York: register, then sell only in-state

New York calls these home processors. You register with the Department of Agriculture and Markets (no fee; registration is tied to your address). You can sell at farm stands, markets and fairs, by home delivery, online and to local cafes and stores, as long as every sale stays in New York State. Foods that need refrigeration are not allowed, and neither are items such as cheesecake, cream pies or homemade buttercream frosting on cakes.

Illinois and North Carolina

• Illinois: register with the local health department where you live. Products must be prepackaged and labeled with your registration number, the municipality or county where you registered, and a prominent statement that the food was made in a home kitchen not inspected by a health department. The local health department can allow unpackaged sales with written notice instead. Sales go directly to consumers and not to stores or restaurants for resale.
• North Carolina: your home kitchen must be inspected by the NC Department of Agriculture before you sell. Only shelf-stable products that don't need refrigeration qualify, and inspectors may ask for pH or water activity tests. Labels are needed for self-service, wholesale and shipped products.

Worked example: a home cake business on a free ordering page

Prices as of October 2026. A Class A cottage baker in California sells four custom cakes a week at US$65.00 each, by pickup and local delivery she does herself.

The same baker in Texas could also deliver herself, but couldn't mail cakes. In New York she could ship within the state only. Price each cake with the cake price calculator.

Checklist: selling cottage food online

1. Check your product is on your state's allowed list and doesn't need refrigeration.
2. Register, get a permit or book the inspection your state or county requires.
3. Write a compliant label with the exact home-kitchen wording from your state's page; make allergen labels with the allergen label maker.
4. Show the label information online before payment where your state asks for it (Texas does).
5. Match delivery options to the law: in Texas, deliver in person; in New York, deliver or ship only within the state; in California, mail and third-party delivery are allowed for direct sales.
6. Track sales against the cap each month.
7. Check whether your state taxes your products. Our guide to sales tax on restaurant food covers how to set a rate per item.

How Menuthere fits a cottage food business

• Free ordering page: a menu website with a QR code for pickup and delivery orders, up to 50 orders a month, 0% commission and no card needed. Orders reach your WhatsApp and the orders dashboard. See free online ordering.
• Pre-orders (Lite, US$17 a month): customers order cakes for a chosen day, and you can take card payments through your own Stripe account. See connect Stripe.
• Allergens on every plan: tick the allergens for each product so customers see them online. See allergens and nutrition.
• You set the delivery area and methods, so you can switch delivery off or limit it to fit your state's rules. Menuthere doesn't check your state's cottage food rules for you.

For a site built around cake orders, see the home bakery website and online ordering for bakeries, or compare pricing.

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