Can you sell sauerkraut and kimchi from home?

11 of 51 jurisdictions (50 states plus DC) allow sauerkraut and kimchi 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. 18 require a commercial kitchen. Here's why, and where each state lands.

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The food science

Sauerkraut and kimchi are preserved by lactic acid fermentation. Bacteria naturally present on the cabbage convert sugars into lactic acid, which lowers the pH over several days. Because the acid is produced by fermentation rather than added, these foods are treated differently from acidified foods, and state rules vary widely.

Where sauerkraut and kimchi 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)

Alabama. Sauerkraut and fermented vegetables are allowed with lab-tested pH below 4.2, if fermentation doesn't produce alcohol.
Hawaii. Kimchi and other fermented plant foods at pH 4.2 or below are allowed.
Idaho. Covered as a prepackaged food.
Illinois. Fermented foods are allowed with a tested recipe or plan. Non-canned products must stay at 41°F or below.
North Dakota. Allowed.
Oklahoma. Allowed. Refrigerated items follow the TCS rules.
South Dakota. Naturally fermented foods are allowed, with training.
Tennessee. Allowed. If it needs refrigeration, follow the TCS rules.
Texas. Fermented foods are allowed with an approved recipe source and batch numbers.
Utah. Allowed under the Homemade Food Act.
Wyoming. Allowed.

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

Nevada. Fermented foods aren't cottage foods; check the craft food law.
Oregon. Not in the exemption.
Wisconsin. Sauerkraut and kimchi are covered by the home-canned exemption.

Needs a commercial kitchen (18)

California. Fermented foods are excluded from cottage food. Naturally fermented products fall outside the acidified-food rules, but CDPH or a process authority will usually review the process.
Connecticut. Not on the allowed list.
Delaware. Fermented foods are excluded.
District of Columbia. Not shelf-stable cottage foods.
Florida. Fermented vegetables aren't allowed.
Georgia. Not on GDA's cottage list.
Indiana. Fermented foods aren't allowed.
Kansas. Not on the unlicensed list.
Maryland. Fermented foods like kimchi and sauerkraut are specifically not allowed.
Michigan. Fermented vegetables aren't cottage foods.
Missouri. Not one of the law's three categories.
Nebraska. Kimchi and similar fermented foods are excluded.
New Mexico. Sauerkraut and similar products are excluded.
New York. Pickled and fermented vegetables aren't allowed.
Ohio. Fermented vegetables aren't on the cottage list.
South Carolina. Not a non-potentially hazardous food.
Virginia. Canned fermented foods are excluded.
Washington. Not a cottage food.

Not clearly addressed: ask the agency first (19)

Alaska. Check DEC's food types list.
Arizona. Not excluded, but ADHS rules don't address fermented foods.
Arkansas. Allowed only if shelf-stable at pH 4.6 or below.
Colorado. Not clearly addressed in the state's guidance.
Iowa. Shelf-stable fermented foods may qualify; refrigerated ones need a home food processing license.
Kentucky. Not on either list.
Louisiana. Sources conflict on fermented foods.
Maine. Shelf-stable fermented foods may qualify after review.
Massachusetts. Not clearly addressed in the state's guidance.
Minnesota. Canned fermented vegetables at pH 4.6 or below may qualify; refrigerated ones don't.
Mississippi. Not specifically addressed.
Montana. DPHHS has restricted fermented foods; confirm before selling.
New Hampshire. Not specifically addressed.
New Jersey. 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.
Vermont. Allowed only if shelf-stable at pH 4.6 or below.
West Virginia. Not clearly addressed in the state's guidance.

Developing sauerkraut and kimchi?

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.

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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.