Can you sell fruit pie from home?

50 of 51 jurisdictions (50 states plus DC) allow fruit pie to be made in a home kitchen under cottage food rules, often with conditions. Here's why, and where each state lands.

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The food science

Fruit pies are usually allowed because their fillings are both acidic and high in sugar, two conditions that slow microbial growth. The contrast with pumpkin pie shows how much the filling matters. A typical fruit filling can be kept at room temperature, while a custard filling needs refrigeration.

Where fruit pie can be made at home

Allowed from a home kitchenNot 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 (50)

Alabama. Pies are allowed.
Alaska. Eligible.
Arizona. Allowed.
Arkansas. Bakery products are allowed.
California. Fruit pies are approved. Pumpkin is specifically excluded.
Colorado. Shelf-stable baked goods are cottage foods.
Connecticut. Fruit pies are allowed (not pumpkin).
Delaware. Pies are allowed.
District of Columbia. Shelf-stable pies are allowed.
Florida. Baked fruit pies are allowed.
Georgia. Fruit pies are on GDA's list.
Hawaii. Allowed.
Idaho. Allowed.
Illinois. Fruit pies are allowed.
Indiana. Non-TCS baked goods are allowed.
Iowa. Allowed.
Kansas. Baked goods and high-acid fruit pie fillings are allowed.
Kentucky. Fruit and pecan pies are on the list.
Louisiana. Pies are covered, sold directly only.
Maine. Allowed.
Maryland. Fruit pies are allowed.
Massachusetts. Shelf-stable baked goods are allowed.
Michigan. Fruit pies are allowed.
Minnesota. Allowed.
Mississippi. Fruit pies are allowed.
Missouri. Pies are baked goods.
Montana. Allowed.
Nebraska. Allowed.
Nevada. Pies are allowed.
New Hampshire. Double-crust fruit pies are allowed.
New Mexico. Non-refrigerated pies are allowed.
New York. Double-crust fruit pies are allowed.
North Carolina. Shelf-stable baked goods are eligible.
North Dakota. Allowed.
Ohio. Fruit pies and cobblers are allowed.
Oklahoma. Allowed.
Oregon. Pies are on the list.
Pennsylvania. Shelf-stable baked goods are allowed.
Rhode Island. Double-crust pies are allowed.
South Carolina. High-acid fruit pies and pie fillings are allowed.
South Dakota. Allowed.
Tennessee. Allowed.
Texas. Baked goods are allowed.
Utah. Allowed.
Vermont. Allowed.
Virginia. Fruit pies are on the low-risk list.
Washington. Shelf-stable baked goods are cottage foods.
West Virginia. Allowed.
Wisconsin. Shelf-stable baked goods can be sold without a license.
Wyoming. Allowed.

Not clearly addressed: ask the agency first (1)

New Jersey. Not clearly addressed in the state's guidance.

Developing fruit pie?

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.

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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.

The food science

Where fruit pie can be made at home

Allowed from a home kitchen (50)

Not clearly addressed: ask the agency first (1)

Developing fruit pie?

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