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Kentucky Cottage Food Law

Kentucky cottage food law goes by another name: the home-based processor rules. Kentucky residents can make breads, cakes, cookies, fruit pies, candy, jams, granola and other listed foods in their home kitchen and sell them directly to consumers in Kentucky, at markets, events, a roadside stand, from home or online. Register with the Food Safety Branch for $50 a year, stay at or under $60,000 in yearly sales, and put a full label on every product.

Kentucky cottage food law: map of the United States with Kentucky highlighted
Sales cap$60,000 a yearGross income from the sale of your home-based products.
Registration$50 a yearForm DFS-250 to the Food Safety Branch. Registrations end each March 31, and renewal costs another $50.
Where you sellKentucky consumersPick-up, delivery, markets, fairs, festivals, charity events, a roadside stand or online. No wholesale.
InspectionOn complaintThe state inspects home kitchens when it gets a complaint, and may inspect once a year.
01

Who the Kentucky cottage food law covers

Kentucky's statute speaks of a "home-based processor": a person who makes non-potentially hazardous foods in his or her home and earns no more than $60,000 a year from selling them. You must be a Kentucky resident, and you don't have to grow any of the ingredients yourself.

"Home" has a precise meaning: the primary residence you live in, with no more than two ranges, ovens or double-ovens and no more than three refrigerators for cold storage, all made for home use and used in the kitchen inside the house.

KRS 217.015(56)"Home-based processor" means a person who in his or her home, produces or processes pork lard or tallow-based cosmetic products or non-potentially hazardous foods, including but not limited to dried herbs, spices, nuts, candy, dried grains, whole fruit and vegetables, mixed-greens, jams, jellies, sweet sorghum syrup, preserves, fruit butter, bread, fruit pies, cakes, or cookies, and who has a gross income of no more than sixty thousand dollars ($60,000) annually from the sale of the products.
02

Which foods you can sell

The statute and 902 KAR 45:090 together name the foods a home-based processor may make:

  • Bread
  • Cakes
  • Cookies
  • Fruit pies
  • Pecan pies
  • Candy
  • Jams, jellies, preserves
  • Fruit butter
  • Sweet sorghum syrup
  • Maple syrup
  • Granola
  • Trail or snack mix
  • Popcorn
  • Nuts
  • Dried herbs and spices
  • Dried grains
  • Dried or freeze-dried whole fruits and vegetables
  • Whole fruit and vegetables
  • Mixed greens

Candy has two conditions: no added alcohol and no bare-hand contact. The same program also covers pork lard and tallow-based cosmetic products, like tallow balm.

These stay off limits for a home-based processor:

  • Acid foods, acidified foods, formulated acid foods and low-acid canned foods
  • Crème filled pies, custard and custard pies
  • Pies with meringue topping, and cream, custard or meringue pastries
  • Cheesecake
  • Raw seed sprouts
  • Garlic-in-oil products
  • Pureed baby foods

Vacuum packing in anything other than a mason-type jar is prohibited. Jams and jellies go in glass jars with rigid metal lids, and a jam processed for less than ten minutes goes into a sterilized jar.

03

Where and how you can sell

Home-based products may only be sold directly to consumers within Kentucky. You can advertise and take orders and payments in person, electronically, over the internet or by phone.

Way of sellingAllowed?
Pick-up at your home or deliveryYes
Farmers markets and flea marketsYes
Festivals, county fairs, craft fairs and nonprofit charity eventsYes
A roadside standYes
Online orders and paymentsYes, for consumers in Kentucky
Wholesale to stores or distributorsNo
Buyers in other statesNo

The rules talk about pick-up and delivery. Planning to mail orders inside Kentucky? Ask the Food Safety Branch first.

04

Registration, fees and inspections

Register with the Department for Public Health, Food Safety Branch, before you sell. Send form DFS-250, the Application for Home-based Processor (from the Food Safety Branch or your University of Kentucky Extension office), with a $50 fee. The registration lists your name, the address where you cook and the products you make.

902 KAR 45:090, Section 3(8)The home-based processor registration shall be valid for one (1) year. A home-based processor registration shall expire March 31 of each year and is renewable upon submission of a DFS-250 and accompanied by an annual fee of fifty (50) dollars.

No food safety course is listed for home-based processors. The regulation does set kitchen rules:

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05

When you outgrow the home-based processor rules

Farmers who grow their main ingredients can step up to home-based microprocessor. That certification covers acid foods, acidified foods such as pickles and salsa, and low-acid canned foods, after a Food Processing School from the University of Kentucky Extension and an approved scheduled process for every recipe. It costs $50 a year, also expires March 31, and sales go through farmers markets, certified roadside stands or the farm. The $60,000 cap applies there too.

Past $60,000, selling wholesale or shipping out of state? Then you need a permitted food processing establishment, and the federal label rules apply in full, including in most cases a Nutrition Facts panel.

FDA Food Labeling Requirements →
The label

What your Kentucky home-based processor label must say

Kentucky asks for a complete label. A product without it counts as misbranded.

  1. 1
    Name and address
    Of your home-based processing operation.
  2. 2
    Product name
    The common or usual name, like "Blackberry jam" or "Pecan pie".
  3. 3
    Ingredients
    In descending order of predominance by weight.
  4. 4
    Net weight and volume
    By standard measure, or a numerical count, like 12 cookies.
  5. 5
    Date processed
    The day you made the product.
  6. 6
    Allergens
    The major food allergens, as federal law (21 U.S.C. 343(w)) requires.
  7. 7
    Statement in 10-point type
    The home-produced statement below, in at least 10-point type.
  8. Required statement, word for wordCopy exactlyThis product is home-produced and processed
Questions

Kentucky Cottage Food Law: questions

Yes, under a different name. Kentucky calls home cooks who sell food home-based processors, under KRS 217.136 and 902 KAR 45:090.

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