Can you sell toffee, fudge and caramels from home?
47 of 51 jurisdictions (50 states plus DC) allow toffee, fudge and caramels to be made in a home kitchen under cottage food rules, often with conditions. 2 require a commercial kitchen. Here's why, and where each state lands.
Candies like toffee, fudge, and caramel are made by boiling sugar syrups to a high concentration. The more water that is cooked off, the lower the water activity. This is why cooked candies are allowed as cottage foods in most states.
Where toffee, fudge and caramels 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.
Maryland. Brittles and toffee are allowed, but homemade caramels and fudge are specifically excluded.
Missouri. Candy isn't one of the law's three categories.
Not clearly addressed: ask the agency first (2)
Colorado. Not clearly addressed in the state's guidance.
Rhode Island. Not clearly addressed in the state's guidance.
Developing toffee, fudge and caramels?
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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