19 of 51 jurisdictions (50 states plus DC) allow macarons to be made in a home kitchen under cottage food rules, often with conditions. Here's why, and where each state lands.
Macarons are really two products in one. The shells are baked meringue, which is dry and shelf-stable. The filling is what determines the legal status. Jam or shelf-stable buttercream fillings are often allowed, while fillings made with cream, cream cheese, or custard are not.
Where macarons 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.
Florida. The cookie is a baked good, but buttercream fillings aren't allowed. A shelf-stable filling may qualify.
Georgia. Not clearly addressed in the state's guidance.
Hawaii. Not clearly addressed in the state's guidance.
Indiana. Not clearly addressed in the state's guidance.
Kansas. Not clearly addressed in the state's guidance.
Kentucky. Not clearly addressed in the state's guidance.
Maine. Not clearly addressed in the state's guidance.
Maryland. Not clearly addressed in the state's guidance.
Massachusetts. Not clearly addressed in the state's guidance.
Michigan. Not clearly addressed in the state's guidance.
Minnesota. Not clearly addressed in the state's guidance.
Mississippi. 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.
New York. Not on the allowed list, and buttercream fillings are prohibited.
North Carolina. Not clearly addressed in the state's guidance.
Ohio. Not clearly addressed in the state's guidance.
Oregon. Not clearly addressed in the state's guidance.
Pennsylvania. Not clearly addressed in the state's guidance.
South Carolina. Not clearly addressed in the state's guidance.
Vermont. Not clearly addressed in the state's guidance.
Virginia. Not clearly addressed in the state's guidance.
Washington. Not clearly addressed in the state's guidance.
West Virginia. Not clearly addressed in the state's guidance.
Wisconsin. The cookie is shelf-stable, but buttercream fillings need a license.
Developing macarons?
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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