26 of 51 jurisdictions (50 states plus DC) allow marshmallows 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.
Marshmallows are made from a sugar syrup set with gelatin, and their high sugar content keeps them shelf-stable. Some recipes use egg whites, which can affect whether a state allows them. California, for example, allows marshmallows only when made without eggs.
Where marshmallows 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.
North Carolina. Not clearly addressed in the state's guidance.
Ohio. 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.
South Carolina. Not clearly addressed in the state's guidance.
Vermont. Not clearly addressed in the state's guidance.
Wisconsin. Not clearly addressed in the state's guidance.
Developing marshmallows?
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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