Marketpay › Selling food by state › Can I sell it?
Permits · Food · CraftsDo I need a permit to sell it?
Shelf-stable homemade food (baked goods, jams, candy) usually falls under your state's cottage food law. Hot food and drinks at events need a temporary food permit. Dog treats fall under state feed laws, not cottage food. Crafts need a sales tax permit and sometimes a local vendor license. Pick what you sell below.
- Homemade dog treatsState feed laws, registration and fees in all 50 states and DC.
- Lemonade (kids' stands and adults)The states that exempt kids' stands, and the permit adults need.
- Homemade baked goodsYes, in most states you can sell shelf-stable baked goods made in your home kitchen under your state's cottage food law.
- Homemade breadYes, bread is one of the most widely allowed cottage foods, so in most states you can sell loaves baked at home without a commercial kitchen.
- Homemade cookiesYes, cookies are allowed under nearly every state's cottage food law, so you can usually bake them at home and sell them directly to customers.
- Homemade vanilla extractSometimes, but alcohol-based vanilla extract is harder to sell than most home foods because it contains distilled spirits.
- CoffeeIt depends on the form.
- Homemade candyYes, most cottage food laws cover shelf-stable candy such as fudge, toffee, brittle, hard candy and chocolate-dipped pretzels.
- Homemade jams and jelliesYes, traditional high-sugar fruit jams and jellies are allowed under most cottage food laws.
- Hot food at eventsYes, you need a permit.
- Handmade craftsUsually you need a state sales tax permit (often called a seller's permit) to sell handmade items at craft fairs, and some cities or counties also require a business or vendor license.
- Vegetables from your gardenGenerally no food permit is needed to sell whole, uncut fresh vegetables you grew yourself, at a roadside stand or a farmers market.
- FlowersFlowers are not food, so no health permit applies.
- Hot dogsYes, you need a permit to sell hot dogs.
By state
Cottage food laws in all 50 states and DC · Food truck permits by state · Dog treat rules by state
Common questions
Do I need a permit to sell food from home?
In most states, shelf-stable foods like baked goods, jams and candy can be sold from home under a cottage food law, sometimes with a registration or license. Hot food, meals and anything needing refrigeration usually need a licensed kitchen and a health permit.
Do I need a permit to sell food at an event?
Food that is not covered by your cottage food law, such as hot food or samples, usually needs a temporary food establishment permit from the local health department for each event.
Do I need a license to sell at craft fairs?
Usually a sales tax permit (seller's permit) from your state, and sometimes a city or county temporary vendor license. Crafts do not need a health permit.
Why do you need a permit to sell things?
Permits let the state collect sales tax and let health departments check that food is made and stored safely. Selling without them can mean fines or being asked to leave an event.
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