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Alaska Cottage Food Law

Alaska cottage food law is now a homemade food exemption in the state food statutes. Food or drink made in your home kitchen, or in a kitchen you lease, is exempt from state licensing, permits and inspection as long as you sell it inside Alaska and follow a short list of rules. Perishable foods are allowed too. Packaged food carries your contact details and one required sentence.

Alaska cottage food law: map of the United States with Alaska highlighted
State permitNoneHomemade food sold under the exemption skips state labeling, licensing, packaging, permitting and inspection requirements.AS 17.20.332(a)
Sales capNot in the lawThe homemade food exemption sets no dollar limit on your sales.
Where you sellInside AlaskaFarmers markets, fairs, your farm or home, a third-party store, or a place you and the buyer agree on. No interstate sales.
Local rulesCheck yoursThe exemption doesn't override federal law or local ordinances, so your city or borough may have its own rules.AS 17.20.336
01

Who the Alaska homemade food law covers

The Alaska law does not use the term "cottage food". It calls it "homemade food": a food or drink prepared or processed in your private home kitchen, or in a private or commercial kitchen you lease. You are the "producer", the person who grows, prepares, processes or makes and packages it.

AS 17.20.332(b)(1)The sale of a homemade food is only for personal consumption: by the buyer, the buyer's employee or a nonpaying guest of the buyer.

The Department of Environmental Conservation can still investigate foodborne illness, unsafe sanitary practices and misbranded or adulterated food, and it can order an unsafe practice to stop.

02

Which foods you can sell

Almost any food or drink qualifies, including perishable foods that need time or temperature control for safety, like cream pies or cheesecake. The law only lists what you can't sell under it:

  • Seafood, including fish, shellfish and other aquatic animals
  • Game meat
  • Oil rendered from animal fat
  • Controlled substances
  • Meat and meat products, unless federal law allows the sale

Meat here means cattle, sheep, swine, horses and goats. Food made with meat or meat products is allowed under the exemption only as far as federal law permits.

Eggs get a small break: a store or other third-party vendor may sell your eggs, while other perishable homemade food must be sold by you, the producer.

03

Where and how you can sell

Every sale happens in Alaska, at one of the places the law lists. Interstate commerce is out.

Way of sellingAllowed?
Farmers markets and agricultural fairsYes
Your farm, ranch, home or officeYes
A place you and the buyer agree onYes
Through a retail shop or grocery storeYes for shelf-stable food and eggs, with a sign and separate shelf
Perishable food through a store or agentNo, you sell it yourself
Restaurants and other commercial food establishmentsNo, except raw fruits and vegetables
Sales to other statesNo

A store selling homemade food keeps it off the shelves with inspected food and shows a sign saying the food was made in a home kitchen, may contain allergens and is not regulated or inspected (permitted meat aside). If that retail space sells perishable homemade food and is tied to a commercial food establishment or also sells inspected food, it needs its own door, its own register and separate coolers and freezers.

04

Selling food without a package

A loaf on a market table or a pie handed over at your door needs no label. Before the sale, you or the third-party seller tell the buyer two things:

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A small printed card with these details makes this easy at a busy stall.

05

When you outgrow the homemade food law

Selling seafood, supplying restaurants or shipping to customers in other states? Then the exemption no longer covers that food, DEC regulates it like any other food business, and the federal label rules apply: ingredient list, net quantity, allergens and usually a Nutrition Facts panel.

FDA Food Labeling Requirements →
The label

What your Alaska homemade food label must say

Food packaged for individual sale must be clearly and prominently labeled with these items.

  1. 1
    Your name
    The producer's name.
  2. 2
    Current address
    Where you can be reached now.
  3. 3
    Telephone number
    A number buyers can call.
  4. 4
    Business license number
    Only if you have one.
  5. 5
    The required statement
    Word for word, as printed below.
  6. Required statement, word for wordCopy exactlyThis food was made in a home kitchen, is not regulated or inspected, except for meat and meat products, and may contain allergens.
Questions

Alaska Cottage Food Law: questions

Not from the state, as long as you follow the homemade food exemption. Cities and boroughs can still have their own rules, and you may need a business license, so check locally.

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