Cottage Food Law Map › Rankings
50 states + DC · Last reviewed October 2026
Which states make it easiest to start a food business from a home kitchen? Each state was scored on five measures: its sales cap, online and shipping sales, sales through stores, refrigerated foods, and how many of 40 common products can be made at home. The scores combine into a single number from 0 to 100.
Created by Mendocino Food Consulting · Book a Call
California ranks 28th, Texas ranks 5th, Florida ranks 25th, New York ranks 22nd, and Pennsylvania ranks 27th. Texas ranks highest of the five. It is one of the few states that allow some refrigerated foods from a home kitchen, under SB 541.
* Provisional: at least one rule for this state couldn't be confirmed or isn't addressed in its guidance, so its score uses the remaining measures. Shading shows how each rule was scored; the text is each state's own rule. Select a column heading to sort. "Home products" counts how many of 40 common products can be made in a home kitchen; a "+" shows more allowed with a special home license.
| Sales cap | Online & shipping | Sell through stores | Refrigerated foods | ||||
|---|---|---|---|---|---|---|---|
| 1 | Wyoming | 90 | 34 | $250,000 and 250,000 items | In-state sales; online not addressed | Non-hazardous foods, eggs, and dairy through retail shops | Yes, sold by you or a designated agent |
| 2 | North Dakota | 89 | 32 | No cap | Online, mail, and out-of-state sales (SB 2386, 2025) | Consignment; no food stores or restaurants | Yes; refrigerated items transported frozen with safe-handling labels |
| 2 | Tennessee | 89 | 31 | No cap | Online for non-TCS foods; Tennessee only | Non-TCS foods through stores; no restaurants | Yes, most TCS foods since July 2025, sold in person |
| 4 | Arizona | 87 | 28 | No cap | Non-TCS online and by carrier in Arizona; TCS delivered in person | Third-party vendors like stores for non-TCS foods | Yes, sold and delivered in person within two hours; inspected meat allowed |
| 5 | Idaho | 83 | 32 | No cap stated | Direct-to-consumer sales in Idaho, including online | Stores as consignment agents, kept separate | Yes, prepackaged TCS foods under the 2026 Direct-to-Consumer Commerce Act |
| 5 | Texas | 83 | 32 | $150,000 | Online orders delivered personally by you, an employee, or a household member | Registered cottage food vendors resell at markets, stores, and restaurants; non-TCS wholesale to vendors | Yes, with DSHS registration and a safe-handling label (SB 541) |
| 7 | Hawaii | 76 | 18 | No cap stated | Online sales allowed | Wholesale to permitted food establishments | Refrigerated salsa and acidified foods at pH 4.2 or below |
| 8* | Oklahoma | 75 | 27 | $75,000; $250,000 from Nov 1, 2026 | Online; TCS foods sold and delivered by the maker | Not confirmed | Yes, with training and direct sale |
| 8 | Alaska | 75 | 17 | No cap | Online sales in Alaska; no out-of-state sales | Non-TCS through agents like gift shops and grocery stores | Certain TCS foods, sold directly by the producer |
| 10 | Utah | 74 | 28 | No cap | In-state only; no shipping under the UDAF permit | Stores and consignment with a UDAF cottage permit | Yes under the Homemade Food Act, sold directly |
| 11 | Nebraska | 73 | 25 | No cap | Non-TCS foods by mail; TCS delivered in person | Direct to consumers only | Yes, kept cold and delivered in person within two hours |
| 12* | Maine | 72 | 21 +1 | No cap | Not addressed by DACF guidance | Retail stores with full labels | No; acidified foods allowed after process review |
| 13 | Montana | 69 | 31 | No cap | Direct to informed consumers in Montana; online not addressed | No stores or restaurants | Yes under the Local Food Choice Act, sold directly |
| 14 | West Virginia | 68 | 16 | No cap | Remote sales; delivery by carrier | Third-party vendors such as retail shops | No |
| 14 | North Carolina | 68 | 15 | No cap stated | Shipping allowed with labels | Stores, restaurants, and distributors | No; acidified foods possible after evaluation |
| 16 | South Dakota | 67 | 27 | No cap | In person only; household delivery after sale; no online sales | No stores or wholesale | Refrigerated baked goods and canned acidified foods, with training |
| 16 | Iowa | 67 | 24 +6 | No cap (cottage); $50,000 (licensed home processor) | Online and phone; delivery by you, an agent, or mail | Direct to consumers only | With a home food processing license ($50) |
| 16 | Ohio | 67 | 12 +3 | No cap stated | No internet sales; Ohio only | Licensed stores and restaurants | Refrigerated baked goods with an ODA Home Bakery license |
| 19 | Georgia | 66 | 12 | No cap stated | Online and mail order | Stores and restaurants, unless a city or county opts out | No |
| 19 | New Hampshire | 66 | 10 +4 | No cap stated | Online and mail need a Class H license ($150) | Retail stores (exempt); restaurants and wholesale with a license | No |
| 21* | South Carolina | 65 | 10 | No cap stated | Not addressed by SCDA guidance | Retail stores; restaurants with a variance | No; hot sauce and BBQ sauce excluded |
| 22 | New York | 64 | 8 | No cap stated | Online with delivery in New York; no out-of-state sales | Local restaurants, cafés, and grocers in New York | No |
| 23 | Illinois | 62 | 18 | No cap | Online, delivery, and in-state shipping of non-TCS foods | No stores or restaurants | Some refrigerated fermented and acidified foods with a plan; many TCS foods prohibited |
| 23 | Louisiana | 62 | 17 | $100,000 (from Aug 2026) | Online sales in Louisiana | Stores and restaurants, except breads, cakes, cookies, and pies | Custard and cream items with pasteurized dairy |
| 25 | Florida | 61 | 15 | $250,000 | Online and mail order allowed | No wholesale, consignment, or stores | No; wet sauces, mustard, and TCS icings excluded |
| 26 | Indiana | 60 | 13 +1 | No cap (HBV); $1.5M (homestead vendors) | Online with delivery or mail within Indiana | No stores, restaurants, or wholesale | Not for home based vendors; homestead vendors can sell some prepared foods (July 2026) |
| 27 | Pennsylvania | 58 | 9 | No cap stated | Internet sales from home; interstate may need FDA registration | Some retail stores; no wholesale or restaurants | No |
| 28 | California | 57 | 21 +1 | $88,878 (Class A) · $177,756 (Class B), 2026 | Online with in-state delivery or mail | Class B only: stores, cafés, restaurants | Approved list only; meals via MEHKO where adopted |
| 29 | Alabama | 56 | 18 | No cap | Phone and online; delivery by mail or agent within Alabama | No stores or restaurants | No; tested pickles, salsas, and sauces allowed |
| 29 | Arkansas | 56 | 18 | No cap | Online sales in Arkansas | Direct to consumers only; no wholesale | No; pickles and salsas at pH 4.6 or below allowed |
| 29 | Virginia | 56 | 18 | No cap; $9,000 for acidified foods | Phone, online, and mail within Virginia | No stores, restaurants, or resale | No; pickles and acidified salsa allowed up to $9,000 a year |
| 29 | Oregon | 56 | 13 +10 | $51,200 (2025), adjusted yearly | Online and mail sales in Oregon | Stores with a separate-display agreement; no restaurants | No; a domestic kitchen license covers more |
| 29* | District of Columbia | 56 | 9 | Not confirmed (was $25,000) | Online sales within DC (since June 2025) | Retail and wholesale to licensed DC establishments | No |
| 34* | Massachusetts | 55 | 8 | No state cap | Not addressed by state guidance | With a state wholesale residential kitchen license | No |
| 35 | Maryland | 52 | 11 | $100,000 (from Oct 2026) | Personal delivery and mail within Maryland | Retail stores after MDH approval | No |
| 35 | New Mexico | 52 | 11 | No cap stated | Online, delivery, and mail within New Mexico | No stores, restaurants, or wholesale | No |
| 37* | Kansas | 50 | 14 | No cap | Not addressed | Needs a KDA license | No |
| 37 | Missouri | 50 | 6 | No cap stated | Online only when seller and buyer are both in Missouri | Direct to consumers only | No; only baked goods, canned jams, and dried herbs |
| 39 | Nevada | 48 | 13 +6 | $100,000 | Online and mail order per current guidance; NDA takes over July 2027 | No stores or restaurants | No; acidified foods under the craft food law |
| 40 | Wisconsin | 47 | 11 +7 | No cap (shelf-stable foods); $5,000 (home-canned) | Direct sales in Wisconsin; no internet sales of canned goods | No | No; buttercream and custard fillings need a license |
| 41 | Michigan | 46 | 12 | $50,000 ($75,000 for items $250+) | Online, mail, and delivery apps within Michigan after direct contact | No wholesale or consignment | No |
| 42 | Minnesota | 44 | 21 | $78,000 | Online orders; you or an employee present at delivery; shipping allowed from Aug 2027 | Direct to consumers only | No; canned acidified foods at pH 4.6 or below allowed |
| 42 | Delaware | 44 | 8 | No cap (removed 2023) | No online sales; home pickup and delivery | No stores or restaurants | No |
| 44 | Kentucky | 41 | 11 +7 | $60,000 | No shipping; in-person sales and delivery only | No stores or restaurants | No; farmer microprocessors can make acidified foods |
| 45 | Connecticut | 40 | 14 | $50,000 | Online orders hand-delivered in Connecticut; no mail | No stores, restaurants, or wholesale | No |
| 45* | Colorado | 40 | 10 | $10,000 a year; $150,000 from 2027 | Not confirmed | No | From Jan 2027, one type of TCS food with registration |
| 47 | Mississippi | 36 | 19 | $35,000 | Online advertising only; sales in person | No stores, restaurants, or consignment | No; acidified plant foods at pH 4.6 or below allowed |
| 48* | Vermont | 35 | 15 +1 | $30,000 | Not addressed | No restaurants or licensed food businesses | No; acidified canned goods at pH 4.6 or below allowed |
| 48 | Rhode Island | 35 | 4 | $50,000 | Online, mail, and phone orders, delivered in person in Rhode Island | No stores, restaurants, or wholesale | No; baked goods only |
| 48 | New Jersey | 35 | 3 | $50,000 | Online ordering; in-person handoff in NJ; no mail or carrier | No stores or restaurants | No |
| 51 | Washington | 30 | 7 | $35,000 per residence | No internet or mail-order sales | No stores, restaurants, or wholesale | No |
Each state receives up to 3 points on each of five measures, for a maximum of 15. That total is converted to a score out of 100. The scores compare how the rules are written; they don't measure how easy any particular product or business will be, and they aren't legal advice.
Where sources couldn't confirm a rule, or the state's guidance doesn't address it, that measure is left out and the score is calculated from the remaining measures. These scores are marked provisional (*). This affected 8 jurisdictions: Oklahoma, Maine, South Carolina, District of Columbia, Massachusetts, Kansas, Colorado, Vermont. States whose guidance doesn't state a sales cap are scored as having no cap. Permit costs and paperwork are shown in each state guide but are not scored. States with equal scores share a rank.
Sales cap, online, store, and refrigerated-food ratings come from 50-state trackers (Ardent Seller, reviewed October 1, 2026, cross-checked with PermitDeck and Food Business Pros). Product counts come from our state-by-state research, which relies on agency, statute, and extension sources where available and on older or secondary sources for some states.
An occasional email from Mendocino Food Consulting. By signing up, you agree to receive these emails. See our privacy policy.