Can you sell garlic or herb-infused oil from home?
No state allow garlic or herb-infused oil to be made in a home kitchen under cottage food rules, often with conditions. 42 require a commercial kitchen. Here's why, and where each state lands.
Garlic in oil is one of the classic botulism risks. Garlic is a low-acid ingredient that can carry Clostridium botulinum spores, and oil seals out oxygen, which creates the conditions the bacteria need. At room temperature, the spores can produce toxin without any visible change. This is why garlic and herb-infused oils generally require a validated commercial process with acidification.
Where garlic or herb-infused oil can be made at home
Needs 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.
Alaska. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
Arkansas. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
California. Not on the approved list. Low-acid ingredients in oil carry a botulism risk and need a validated process.
Colorado. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
Connecticut. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
District of Columbia. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
Florida. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
Georgia. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
Hawaii. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
Illinois. Garlic in oil is prohibited unless acidified.
Iowa. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
Kansas. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
Kentucky. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
Louisiana. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
Maine. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
Maryland. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
Massachusetts. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
Michigan. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
Minnesota. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
Mississippi. Garlic or fresh herbs in oil are excluded.
Missouri. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
Nevada. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
New Hampshire. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
New Jersey. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
New York. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
North Carolina. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
Ohio. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
Oregon. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
Pennsylvania. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
Rhode Island. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
South Carolina. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
South Dakota. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
Vermont. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
Virginia. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
Washington. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
West Virginia. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
Wisconsin. Pesto, dressings, and similar products need a license.
Not clearly addressed: ask the agency first (9)
Arizona. Not excluded, but garlic in oil carries a botulism risk.
Montana. Allowed under the Act, but garlic in oil carries a botulism risk.
North Dakota. Allowed, but garlic in oil carries a botulism risk.
Oklahoma. Not excluded, but garlic in oil carries a botulism risk.
Tennessee. Not excluded, but garlic in oil carries a botulism risk.
Texas. Garlic or herbs in oil carry a botulism risk. DSHS asks for an official determination for unusual acidified or preserved products.
Utah. Not excluded, but garlic in oil carries a botulism risk.
Wyoming. Allowed, but garlic in oil carries a botulism risk.
Developing garlic or herb-infused oil?
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.
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