46 of 51 jurisdictions (50 states plus DC) allow chocolates and truffles to be made in a home kitchen under cottage food rules, often with conditions. 2 require a commercial kitchen. Here's why, and where each state lands.
Chocolate itself is very low in moisture and shelf-stable. Truffles are where the questions come up, because a ganache made with cream has a higher water activity. Many states allow chocolates and confections but may question cream-based fillings.
Where chocolates and truffles can be made at home
Allowed from a home kitchenNeeds a commercial kitchen or another agencyNot clearly addressed: ask first
Select a state to open its guide. Every state's conditions are listed below the map.
Missouri. Candy isn't one of the law's three categories.
New York. Tempered chocolate and candy melts are prohibited.
Not clearly addressed: ask the agency first (3)
Colorado. Not clearly addressed in the state's guidance.
New Jersey. Not clearly addressed in the state's guidance.
Rhode Island. Not clearly addressed in the state's guidance.
Developing chocolates and truffles?
Mendocino Food Consulting helps food entrepreneurs with formulation, pH, and shelf-stability questions. We are food scientists, not attorneys, and we don't provide legal advice.
Rules summarized from the sources listed in each state's guide, reviewed October 2026. Each state's conditions and exceptions are described in its guide; confirm with the agency before selling.
Get the latest on food safety, regulations, and best practices
An occasional email from Mendocino Food Consulting. By signing up, you agree to receive these emails. See our privacy policy.