How to sell homemade food online, legally
Updated October 25, 2026
Selling homemade food online is two problems, and the law is the first one. Before you take a single order, your state's cottage-food law decides what you may sell, how to label it, how much you may earn, and whether you need to register or be inspected. Only once that's settled does the easy part, an ordering page, matter. This guide walks through both, in the right order, and is honest about the one thing software can't do for you: make you compliant.
In short
- Check your state first. Cottage-food rules differ a lot; some let you sell online and ship, some only allow direct sales.
- Sell "non-hazardous" foods. Baked goods, jams and dry mixes are usually fine; anything needing refrigeration usually isn't.
- Label it right. Most states require your name, address, ingredients, allergens and a "made in a home kitchen" statement.
- Then the easy bit. An ordering page takes orders, lead time and payment, but it doesn't check your compliance.
Step 1: Check your state's cottage-food law (do this first)
Every US state has a cottage-food law, and they vary widely:
- What you may sell (the "allowed foods" list).
- Where you may sell (direct only, farmers' markets, online, shipping, across state lines).
- An income cap (some states cap annual cottage-food sales; others don't).
- Registration or inspection (some require a permit or a home-kitchen inspection; some don't).
- Labelling rules (almost always required).
Start at your state's department of agriculture or health. Our cottage food laws overview and how to start a home food business guide point you in the right direction. If you plan to ship or sell across state lines, check carefully, because that often falls outside cottage-food rules.
Step 2: Decide what to sell
Cottage-food laws generally allow non-hazardous foods, ones that don't need refrigeration to stay safe:
| Usually allowed | Usually not allowed |
|---|---|
| Breads, cookies, cakes (non-perishable frosting) | Anything needing refrigeration |
| Jams, jellies, preserves | Cream- or custard-filled items |
| Dry mixes, granola, popcorn | Meat, poultry, fish dishes |
| Candies, chocolates | Fermented or canned low-acid foods (often restricted) |
| Dried herbs, teas | Dairy products, cheesecake |
This is a general pattern, not your state's list. Check your state's exact allowed-foods list before you decide; a cake with buttercream may be fine while the same cake with cream-cheese frosting is not.
Step 3: Set up your ordering page
With the legal side settled, the ordering page is quick:
- Create your store and add your items with photos, prices and descriptions.
- Set lead time per item so a decorated cake needs, say, 3 days and a loaf is next-day.
- Open collection slots or your own delivery area, whichever your state allows.
- Mark allergens on each item (required almost everywhere) and add any state-required statements to the description.
- Connect Stripe so customers pay up front into your own account.
For home bakers specifically, online ordering for home bakers covers the weekly rhythm; cake sellers should read online ordering for cake shops.
Step 4: Label every item correctly
Most states require a label on each product. A typical cottage-food label includes:
- Your business name and address.
- The product name.
- Ingredients, in order by weight.
- Allergens (the major allergens, declared clearly).
- Net weight or count.
- A statement such as "Made in a home kitchen not inspected by [state] health department" (wording is set by your state).
Put the allergen information on the ordering page too, so customers see it before they buy. Mark each item's allergens so they're shown on the item.
Step 5: Price it and handle tax
Price to cover ingredients, packaging, your time and the card fee, not just ingredients. Use the menu price calculator, and for cakes, how to price cakes. Whether you charge sales tax depends on your state and the food type; see sales tax on restaurant food and confirm with your state. Keep records of what you sell, especially if your state has an income cap.
Step 6: Take orders and payment
- Paid up front via Stripe removes no-shows on made-to-order items; the money lands in your own account.
- Deposits, honestly: Menuthere doesn't split a deposit and balance at checkout. Take the full amount, or send a Stripe payment link for a deposit yourself.
- Lead time and slots keep your week manageable, as above.
- For bespoke "tell me what you want" requests, use the free cake order form template to take the brief, then quote.
Honest limits
- Software doesn't make you compliant. An ordering page takes orders; it doesn't check your state's cottage-food rules, your labelling or your income cap. That's on you.
- No deposit split at checkout (take the full amount or a Stripe link by hand).
- Shipping is a separate question. Many cottage-food laws allow only direct or in-state sales; check before you offer shipping.
- This is not legal advice. Confirm everything with your state's department of agriculture or health before selling.
Sell homemade food online legally
- Check your state's cottage-food law before anything else.
- Choose non-hazardous foods from your state's allowed list.
- Set up an ordering page with lead time, slots and allergens.
- Label every item with name, address, ingredients, allergens and the required statement.
- Price it and handle sales tax per your state's rules.
- Connect Stripe and take payment up front.
- Share the link and keep records of your sales.
once your state's rules are sorted. 0% commission, free to start.
Frequently asked questions
Is it legal to sell homemade food online?
In most US states, yes, under cottage-food laws, but the rules differ a lot: what you may sell, labelling, income caps, registration and whether online or shipped sales are allowed. Check your state's department of agriculture or health before you start.
What homemade foods can I sell online?
Usually "non-hazardous" foods that don't need refrigeration: breads, cookies, cakes with non-perishable frosting, jams, dry mixes and candies. Items needing refrigeration, and meat, dairy or custard-filled foods, are usually not allowed. Check your state's exact list.
How do I label homemade food I sell?
Most states require your business name and address, the product name, ingredients by weight, allergens, net weight or count, and a statement like "Made in a home kitchen not inspected by the health department", with wording set by your state. Show allergens on the ordering page too.
Can I take payment online for homemade food?
Yes. Connect a processor such as Stripe and take the full price up front; the money lands in your own account, minus the card fee. There's no commission. Menuthere doesn't split a deposit at checkout, so take the full amount or send a Stripe payment link for a deposit yourself.
Can I ship homemade food to other states?
Sources (4)
- Cottage-food laws vary by US state (allowed foods, labelling, income caps, registration, online/shipping): see Menuthere /en/cottage-food-laws (read 26 Oct 2026); confirm with your state's department of agriculture or health.
- Sales tax on food varies by state and food type: see Menuthere /en/sales-tax-on-restaurant-food (read 26 Oct 2026).
- Stripe US standard pricing, 2.9% + 30¢ per successful domestic card charge (Stripe pricing page), accessed 26 Oct 2026.
- Menuthere Docs and product facts (confirmed in code, 26 Oct 2026): create store; per-item lead time; collection slots; own delivery; allergens on items; pay-up-front via Stripe; no deposit split at checkout; free standalone /tools/cake-order-form; 0% commission; Free 50 orders/month.