One of the best sources on the Internet for home-based kitchen businesses is the website Cottage Food Laws, which is owned and operated by Ben Wilson. Wilson says he went from bankruptcy to making more than $100,000 in his first year selling hot dogs. Since then, Wilson has gone on to launch several successful food websites with emphasis on independence and entrepreneurship.
Wilson’s Cottage Food Laws website provides state by state information on the laws governing home kitchen businesses and it contains the following extract:
“Separate from cottage food programs, several states have enacted rules designed to spur other types of home-based food businesses.
Food Freedom
Unlike cottage food programs, food freedom laws let residents sell almost any homemade food, including canned, pickled, and refrigerated goods, aside from those that contain meat, without any cap on sales or any licensing, permitting, or inspection requirements.
Three states have enacted food freedom laws:
- Wyoming (2015 and 2017)
- North Dakota (2017)
- Utah (2018)
According to the state health departments in those three states, there has not been a single outbreak of foodborne illness linked to a food freedom business.
Three states have banned cities and counties from banning or requiring a permit for lemonade stands run by kids:
(Since lemonade needs to be refrigerated, it’s typically excluded from many state cottage laws.)”
Home Cooking
California was the first state in the country to allow it’s resident cooks to sell homemade meals with red meat through its “MicroEnterprise Home Kitchen Operations” law,
However, since the enactment of the law in 2019, Utah has come out with it own version of the law’s intent in 2021, known as the Microenterprise Home Kitchen Act. The law allows people to sell home-cooked meals containing meat, but with restrictions.
Wilson’s compilation of home food sales information includes answers and guidance to the following questions:
What Is Considered Cottage Food?
What Is Typically Allowed?
What Are Potentially Hazardous Foods?
Is Coffee A Cottage Food?
Is Popcorn A Cottage Food?
How Do I Get A Cottage Food License/Permit?
What Permits/License Do I Need To Sell Food From Home?
How To Get A Business License For Starting A Cottage Food Business.
Cottage Food Legislation Information.
Since 2015, 19 states and Washington, D.C. have created new cottage food programs or significantly expanded their existing rules.
Today, 28 states allow cottage food businesses to sell online to buyers within state limits.
Eighteen states allow cottage food producers to sell through retail outlets like grocery stores.
Wilson also operates the websites, KitchenIncome.com and VendorsUnited.org.
