Can you sell fresh salsa from home?

11 of 51 jurisdictions (50 states plus DC) allow fresh salsa to be made in a home kitchen under cottage food rules, often with conditions, and 1 more allow it with a special home license or program. 36 require a commercial kitchen. Here's why, and where each state lands.

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The food science

Fresh salsa is not heat-processed, and cut tomatoes are a TCS food that needs refrigeration. Because of that, fresh salsa falls outside most cottage food laws even in states that allow shelf-stable salsa. Made in a permitted kitchen and kept cold, it does not need the acidified-food process review that jarred salsa does.

Where fresh salsa can be made at home

Allowed from a home kitchenHome kitchen, with a special license or programNeeds 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.

Allowed from a home kitchen (11)

Arizona. TCS foods are allowed with in-person sale and delivery.
Hawaii. Plant-based salsa is allowed if held at 41°F or below.
Idaho. Prepackaged TCS foods are covered. Keep cold.
Montana. Allowed under the Act, sold directly. Keep it cold.
Nebraska. TCS foods are allowed, kept cold and delivered by you.
North Dakota. Allowed. Keep it cold.
Oklahoma. TCS foods are allowed with training, sold directly to the consumer.
Tennessee. TCS foods are allowed with cold holding and in-person sale.
Texas. Allowed as a TCS food with DSHS registration, 41°F holding, and the safe-handling label.
Utah. Allowed under the Homemade Food Act, sold directly.
Wyoming. Allowed, sold by you or a designated agent. Keep it cold.

Home kitchen, with a special license or program (1)

Iowa. Refrigerated salsa is a TCS food and needs a home food processing license.

Needs a commercial kitchen (36)

Alabama. Foods needing refrigeration are excluded.
Arkansas. Fresh-cut vegetables are excluded.
California. Refrigerated foods are excluded from cottage food. Made and kept cold, it doesn't need a cannery license.
Colorado. TCS foods aren't allowed until January 2027.
Connecticut. Salsas are excluded.
Delaware. Salsas are excluded.
District of Columbia. Salsas are excluded.
Florida. Salsas and TCS foods aren't allowed.
Georgia. Potentially hazardous foods are excluded.
Illinois. Cut or pureed fresh tomatoes are prohibited.
Indiana. Cut tomatoes and other TCS foods aren't allowed.
Kansas. Cut tomatoes need a license.
Kentucky. Anything needing refrigeration is excluded.
Maine. Foods that must be refrigerated need a commercial license.
Maryland. Salsas are specifically not allowed.
Massachusetts. Only foods that don't need refrigeration are allowed.
Michigan. Foods that need refrigeration aren't allowed.
Minnesota. Refrigerated foods are excluded.
Mississippi. Foods needing refrigeration are excluded.
Missouri. Not one of the law's three categories.
Nevada. Perishable foods are excluded.
New Hampshire. Potentially hazardous foods are excluded.
New Jersey. Only foods that stay safe at room temperature are allowed.
New Mexico. Salsa is a TCS food.
New York. Salsas and refrigerated foods are prohibited.
North Carolina. Refrigerated products aren't eligible.
Ohio. Refrigerated foods aren't cottage foods.
Oregon. TCS foods are excluded.
Pennsylvania. Foods that need refrigeration aren't allowed.
South Carolina. TCS foods aren't allowed.
South Dakota. Fresh-cut produce needs a license.
Vermont. Foods needing refrigeration are excluded.
Virginia. Fresh salsa is specifically excluded.
Washington. Potentially hazardous foods aren't allowed.
West Virginia. Potentially hazardous foods are excluded.
Wisconsin. Refrigerated foods need a license.

Not clearly addressed: ask the agency first (3)

Alaska. Certain TCS foods are eligible, sold directly by you.
Louisiana. Salsas are covered, but refrigerated foods aren't addressed.
Rhode Island. Not clearly addressed in the state's guidance.

Developing fresh salsa?

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.

Book a call Check your state on the map

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.