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Cottage food · 50 states + DCSelling homemade food at farmers markets: the rules in every state
Every state and DC lets you sell some homemade food. 30 need no state permit for cottage foods, 15 want a registration, and 6 want a license or permit. Hot or perishable food needs a temporary permit from the local health department almost everywhere. Pick your state for permits, sales caps, label wording and sales tax.
Each state is sourced and dated. Last checked November 15, 2026. Rules change; confirm with your state or county before you sell.
Selling something specific? Can I sell it? covers dog treats, lemonade, coffee, vanilla extract, crafts and hot food at events. Running a truck? Food truck permits by state.
Pick your state
| State | Cottage food permit | Sales cap | Farmers markets |
|---|---|---|---|
| Alabama | Registration | No annual sales cap | Yes |
| Alaska | No permit | No annual sales cap | Yes |
| Arizona | Registration | No annual sales cap | Yes |
| Arkansas | No permit | No annual sales cap | Yes |
| California | Registration | 2026: $88,878 gross for Class A, $177,756 gross for Class B (adjusted each January for inflation) | Yes |
| Colorado | No permit | $10,000 net revenue per year for each eligible product | Yes |
| Connecticut | License or permit | $50,000 gross per year | Yes |
| Delaware | License or permit | No cap stated in the cottage food regulation; on-farm home processing is capped at $50,000 | Yes |
| District of Columbia | Registration | No annual sales cap | Yes |
| Florida | No permit | $250,000 gross per year | Yes |
| Georgia | No permit | No annual sales cap | Yes |
| Hawaii | No permit | No annual sales cap in the rules | Yes |
| Idaho | No permit | No annual sales cap | Yes |
| Illinois | Registration | No annual sales cap | Yes |
| Indiana | No permit | No annual sales cap for home based vendors; homestead vendors are limited to $1.5 million gross per year | Yes |
| Iowa | No permit | No annual sales cap | Yes |
| Kansas | No permit | No annual sales cap | Yes |
| Kentucky | Registration | $60,000 gross per year | Yes |
| Louisiana | No permit | Under $100,000 gross per year (raised from $30,000 by Act 801, effective Aug 1, 2026) | Yes |
| Maine | Limited | No annual sales cap | Yes |
| Maryland | No permit | $100,000 in annual revenue (raised from $50,000 by HB 535, effective Oct 1, 2026) | Yes |
| Massachusetts | Limited | No annual sales cap | Yes |
| Michigan | No permit | $50,000 gross per year ($75,000 if products sell for $250 or more per unit) | Yes |
| Minnesota | Registration | $78,000 gross per year | Yes |
| Mississippi | No permit | $35,000 gross per year | Yes |
| Missouri | No permit | No annual sales cap | Yes |
| Montana | No permit | No annual sales cap | Yes |
| Nebraska | Registration | No annual sales cap | Yes |
| Nevada | Registration | $100,000 gross per calendar year | Yes |
| New Hampshire | No permit | No annual sales cap | Yes |
| New Jersey | License or permit | $50,000 gross per year | Yes |
| New Mexico | No permit | No annual sales cap | Yes |
| New York | Registration | No annual sales cap | Yes |
| North Carolina | Registration | No sales cap stated by NCDA&CS | Yes |
| North Dakota | No permit | No annual sales cap | Yes |
| Ohio | No permit | No annual sales cap | Yes |
| Oklahoma | No permit | Under $75,000 gross per year (all prepared-food sales, at any location) | Yes |
| Oregon | No permit | $52,700 gross per year (ODA adjusts for inflation) | Yes |
| Pennsylvania | Registration | No annual sales cap | Yes |
| Rhode Island | Limited | $50,000 gross per calendar year | Yes |
| South Carolina | No permit | No annual sales cap | Yes |
| South Dakota | No permit | No annual sales cap | Yes |
| Tennessee | No permit | No annual sales cap | Yes |
| Texas | No permit | $150,000 gross per year | Yes |
| Utah | Registration | No annual sales cap | Yes |
| Vermont | Registration | $30,000 gross per year | Yes |
| Virginia | No permit | No cap for low-risk foods; $9,000 gross per year for acidified vegetables (pickles) | Yes |
| Washington | License or permit | $35,000 gross per year | Yes |
| West Virginia | No permit | No annual sales cap | Yes |
| Wisconsin | Limited | No cap for baked goods; under $5,000 per year for home-canned goods | Yes |
| Wyoming | No permit | $250,000 gross per year (and no more than 250,000 items) to qualify as a producer | Yes |
Run a farmers market or craft fair?Vendor applications, booth assignments, market-day check-in and reminders. Free for every market.
Run your market free on MarketpayGuides and free templates
- How to start a farmers marketTen steps from a site and a day of the week to opening morning.
- Vendor application templateA free printable vendor application for farmers markets and craft fairs.
- How much to charge vendorsBooth fee models and a calculator that works out your break-even fee.
- Market rules templateFree printable rules and regulations for vendors. Edit and hand out.
- Craft fair vendor checklistEverything to pack for a craft fair or market, as a printable checklist.
- How much a vendor booth costsReal booth fees at farmers markets, craft fairs, state fairs and comic cons, plus booth sizes.
- Craft fair and vendor insurance costWhat vendor liability insurance costs per year and per event, and what shows ask for.
- Vendor break-even calculatorBooth fee, insurance and gas against your margin: how much you need to sell to come out ahead.
- Are craft shows worth it?How to judge a show before you pay the booth fee, and what to track after.
- How to have a successful vendor boothSetup, pricing, talking to shoppers and follow-up that turn a booth into repeat sales.
- Vendor booth ideas and displaysLayouts, displays, height, color and small touches that make a 10x10 booth stand out.
- Vendor booth lightingLighting a booth at night or at a craft show with no electricity.
- Vendor booth signs and bannersWhat your banner, price signs and payment signs should say, and what sizes work.
- Is selling baked goods profitable?Price cookies, bread and cakes from your real costs, with a per-item calculator.
- Selling baked goods on Facebook MarketplaceWhich states let you take orders online and deliver, state by state.
- Selling baked goods on EtsyWhy shipping homemade food across state lines is usually off-limits, and the exceptions.
- How to become a farmers market vendorPermits, insurance, applications and what market managers look for.
Selling food at markets: the basics
What is a cottage food law?
A cottage food law lets you make certain low-risk foods in your home kitchen and sell them to the public without a commercial kitchen. The usual list is baked goods, jams and jellies, candy, dry mixes and similar shelf-stable foods. Each state sets its own list, permit rules, sales cap and label rules.
Can I sell baked goods at a farmers market without a license?
In 30 of the 51 jurisdictions here, cottage foods need no state permit, only a compliant label. 15 require a registration and 6 require a license or permit. Pick your state above for the exact rule.
Do I need a permit to sell hot food at a farmers market?
Almost always. Cottage food laws cover shelf-stable foods. Hot food, cut fruit, foods that need refrigeration and most samples need a temporary food establishment permit from the local health department, and often a commercial or commissary kitchen.
Do farmers market vendors need a seller's permit?
Usually, if anything you sell is taxable in your state. Many states exempt most groceries from sales tax, but prepared food, crafts and other goods are often taxable. Each state page links to the revenue agency.
How current is this?
Each state page shows the date we last checked it and links to the sources. The most recent check was November 15, 2026. Rules change, so confirm with the state agency or county health department before you sell.
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