39 of 51 jurisdictions (50 states plus DC) allow loose-leaf tea blends to be made in a home kitchen under cottage food rules, often with conditions. 1 require a commercial kitchen. Here's why, and where each state lands.
Dried tea leaves and herbs have very low water activity and are shelf-stable. Many states allow tea blends as cottage foods, although some do not list them, which puts them in the "ask first" category.
Where loose-leaf tea blends 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.
Allowed from a home kitchen (39)
Alabama. Dried herbs are allowed with water activity below 0.88.
Massachusetts. Not clearly addressed in the state's guidance.
New Hampshire. Not clearly addressed in the state's guidance.
New Jersey. Not clearly addressed in the state's guidance.
New Mexico. Not clearly addressed in the state's guidance.
North Carolina. Not clearly addressed in the state's guidance.
Pennsylvania. Not clearly addressed in the state's guidance.
Rhode Island. Not clearly addressed in the state's guidance.
Washington. Not clearly addressed in the state's guidance.
Developing loose-leaf tea blends?
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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