Can you sell nut butter from home?

18 of 51 jurisdictions (50 states plus DC) allow nut butter to be made in a home kitchen under cottage food rules, often with conditions. 6 require a commercial kitchen. Here's why, and where each state lands.

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The food science

Nut butters have very low water activity, so bacteria are not expected to grow in them. However, Salmonella can survive for long periods in low-moisture, high-fat foods, which is why roasting or pasteurizing the nuts is an important step. States are split on nut butters, and some list whole nuts but not nut butters.

Where nut butter 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 (18)

Alaska. Eligible if shelf-stable.
Arizona. Allowed.
California. Nut butters are approved if made from roasted or pasteurized nuts.
Florida. Nut butters made from ground shelled nuts are allowed.
Idaho. Allowed.
Indiana. Nut butters from peanuts or tree nuts are allowed.
Iowa. Allowed.
Kansas. Nut butters are allowed.
Montana. Allowed.
Nebraska. Allowed.
North Dakota. Allowed.
Oklahoma. Allowed.
South Dakota. Allowed.
Tennessee. Allowed.
Texas. Allowed.
Utah. Allowed.
West Virginia. Allowed if shelf-stable.
Wyoming. Allowed.

Needs a commercial kitchen (6)

Delaware. Nut butters are excluded.
Maryland. Homemade nut and seed butters are specifically not allowed.
Mississippi. Nut butters are specifically excluded.
Missouri. Not one of the law's three categories.
Nevada. Nut butters are excluded.
New York. Nut butters are prohibited.

Not clearly addressed: ask the agency first (27)

Alabama. Candied and roasted nuts are allowed; nut butters aren't listed.
Arkansas. Not clearly addressed in the state's guidance.
Colorado. Not clearly addressed in the state's guidance.
Connecticut. Coated and uncoated nuts are allowed; nut butters aren't listed.
District of Columbia. Not clearly addressed in the state's guidance.
Georgia. Coated and uncoated nuts are listed; nut butters aren't.
Hawaii. Not clearly addressed in the state's guidance.
Illinois. Not clearly addressed in the state's guidance.
Kentucky. Nuts are listed; nut butters aren't.
Louisiana. Not clearly addressed in the state's guidance.
Maine. Allowed if shelf-stable; DACF may review.
Massachusetts. Not clearly addressed in the state's guidance.
Michigan. Not clearly addressed in the state's guidance.
Minnesota. Allowed if shelf-stable; MDA may ask about the recipe.
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.
Ohio. Not clearly addressed in the state's guidance.
Oregon. Nut mixes are listed; nut butters aren't.
Pennsylvania. Not clearly addressed in the state's guidance.
Rhode Island. Not clearly addressed in the state's guidance.
South Carolina. Roasted nuts are allowed; nut butters aren't listed.
Vermont. Not clearly addressed in the state's guidance.
Virginia. Coated and uncoated nuts are listed; nut butters aren't.
Washington. Not clearly addressed in the state's guidance.
Wisconsin. Not clearly addressed in the state's guidance.

Developing nut butter?

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.

Book a call Check your state on the map

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.