Can you sell pumpkin pie from home?

11 of 51 jurisdictions (50 states plus DC) allow pumpkin pie to be made in a home kitchen under cottage food rules, often with conditions, and 3 more allow it with a special home license or program. 35 require a commercial kitchen. Here's why, and where each state lands.

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The food science

Pumpkin pie looks like a baked good, but chemically it is a custard. Eggs and milk combine with pumpkin, a low-acid vegetable, to make a moist filling with a near-neutral pH. Those conditions allow bacteria to grow at room temperature, so pumpkin pie is a TCS food, short for time/temperature control for safety, which needs refrigeration. Most states exclude it from cottage food for that reason.

Where pumpkin pie can be made at home

Allowed from a home kitchenHome kitchen, with a special license or programNeeds 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 (11)

Arizona. TCS foods are allowed since 2025. Sell and deliver in person, held cold, within two hours.
Idaho. Prepackaged TCS foods are now covered. Keep them cold.
Montana. Potentially hazardous homemade food can be sold at farmers markets under the Act. Keep it cold.
Nebraska. TCS foods made with approved-source ingredients are allowed, kept cold and delivered by you.
North Dakota. Allowed with safe-handling instructions; transport frozen.
Oklahoma. TCS foods are allowed with training, sold directly to the consumer.
South Dakota. Temperature-controlled baked goods are allowed, held at 41°F or below, with training.
Tennessee. Most TCS foods are allowed since July 2025. Keep below 41°F and sell in person only.
Texas. Pumpkin pie is a TCS food. Since SB 541, Texas allows TCS foods if you register with DSHS, keep them at 41°F or below, and add the safe-handling statement and production date.
Utah. The Homemade Food Act covers a broad range of foods, sold directly to consumers.
Wyoming. Potentially hazardous foods are allowed, sold by you or a designated agent.

Home kitchen, with a special license or program (3)

Iowa. TCS foods need a home food processing establishment license.
Ohio. Pumpkin, custard, cream, and meringue pies need an ODA Home Bakery license.
Oregon. Custard, cream, and meringue items are excluded from the exemption; a domestic kitchen license may cover them.

Needs a commercial kitchen (35)

Alabama. Custard pies and baked goods needing refrigeration are excluded.
Arkansas. TCS foods must be made in an inspected facility.
California. Pumpkin and custard pies need refrigeration, so they're excluded from cottage food.
Colorado. TCS foods aren't allowed until January 2027, and then only one type of TCS food per producer.
Connecticut. Pumpkin pie is specifically excluded.
Delaware. Perishable baked goods are excluded.
District of Columbia. TCS foods are excluded.
Florida. Pumpkin and sweet potato pies are specifically not allowed.
Georgia. Potentially hazardous foods are excluded.
Hawaii. Custard fillings are excluded.
Illinois. Pumpkin, sweet potato, custard, and cream pies are prohibited.
Indiana. Cream pies and other TCS foods aren't allowed for home based vendors.
Kansas. TCS foods need a license.
Kentucky. Anything needing refrigeration is excluded.
Maine. Foods that must be refrigerated need a commercial license.
Maryland. Pumpkin, sweet potato, cream, and custard pies are specifically not allowed.
Massachusetts. Only foods that don't need refrigeration are allowed.
Michigan. Foods that need refrigeration aren't allowed.
Minnesota. Potentially hazardous foods are excluded.
Mississippi. Custard pies are excluded.
Missouri. Potentially hazardous baked goods are excluded.
Nevada. Perishable baked goods are excluded.
New Hampshire. Pumpkin pie is specifically excluded.
New Jersey. Only foods that stay safe at room temperature are allowed.
New Mexico. Refrigerated pies are excluded.
New York. Products that need refrigeration aren't allowed.
North Carolina. Refrigerated products aren't eligible.
Pennsylvania. Foods that need refrigeration aren't allowed.
Rhode Island. Baked goods needing refrigeration are excluded.
South Carolina. TCS foods aren't allowed.
Vermont. Foods needing refrigeration are excluded.
Virginia. Custard and cream pies need refrigeration and aren't exempt.
Washington. Potentially hazardous foods aren't allowed.
West Virginia. Potentially hazardous foods are excluded.
Wisconsin. Custard and cream fillings need a license and a commercial kitchen.

Not clearly addressed: ask the agency first (2)

Alaska. Certain TCS foods are eligible, sold directly by you. Check DEC's food types list.
Louisiana. Custard and cream-filled bakery products are allowed only with pasteurized dairy; pumpkin pie isn't addressed.

Developing pumpkin pie?

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.