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Massachusetts Cottage Food Law

Massachusetts cottage food law runs through your city or town. Under the state Retail Food Code (105 CMR 590), a home kitchen that sells directly to consumers is a Cottage Food Operation, inspected and permitted by the local board of health. You can make foods that are safe at room temperature, like breads, cookies, jams and jellies, and sell them at farmers markets, craft fairs, online and by mail. Selling to shops and restaurants takes a separate wholesale license from the Department of Public Health (DPH).

Massachusetts cottage food law: map of the United States with Massachusetts highlighted
Retail permitBoard of healthYour local board inspects your kitchen and issues the Cottage Food Operation permit. Ask your town for the fee.
WholesaleDPH licenseNeeded to sell to stores or restaurants that resell, under 105 CMR 500.
Online and mailAllowedInternet and mail sales count as direct to the consumer, says DPH.
Sales capNone listedDPH's residential kitchen guidance sets no dollar limit.
01

Retail Residential Kitchens and Wholesale Residential Kitchens

Massachusetts has no separate cottage food statute. Home food businesses fall under the food regulations of the Department of Public Health, and DPH sorts them by how they sell.

TypeRetail Residential KitchenWholesale Residential Kitchen
Sells toConsumers directlyStores, restaurants and others that resell
Who inspects and permitsYour local board of healthDPH Food Protection Program
RulesRetail Food Code, 105 CMR 590Good Manufacturing Practices, 105 CMR 500
Permitted asCottage Food OperationWholesale license or permit
105 CMR 590.010(F)(2)(a)Except as specified in 105 CMR 590.010(F)(1), a cottage food operation shall not sell or serve food unless it has been approved to do so and has obtained a valid permit from the board of health.
02

Which foods you can make

Only cottage food products: foods that are safe at room temperature, including baked goods, jams and jellies. You may cook with milk, cream and eggs from approved sources, as long as the finished product doesn't need temperature control.

DPH names these as foods a residential kitchen may not prepare or sell:

  • Cream-filled pastries, cheesecake and custard
  • Cut fruit and vegetables
  • Tomato and barbeque sauce
  • Pickled products and relishes
  • Salad dressings
  • Raw or cooked meat and fish

Some processes are off limits too: acidification, hot fill, thermal processing in hermetically sealed containers, vacuum packaging, and curing or smoking. The one exception is jams and jellies processed in sealed jars.

03

Where and how you can sell

Way of sellingWhat you need
Farmers markets and craft fairsRetail permit from your board of health
Online orders and mailRetail permit from your board of health
Supermarkets, coffee shops, restaurantsWholesale license from DPH
Customers in other statesCheck federal law and that state's law
Religious or charitable bake salesNo permit, with a placard

For a bake sale, the food can't need temperature control, and a clearly visible placard tells buyers it was made in a kitchen not subject to regulation and inspection. Donating food to a nonprofit that gives it away, or charges only enough to cover handling, needs no permit either.

04

Kitchen rules for a permitted home kitchen

Your board of health checks these minimum standards from DPH, on top of local zoning and any other town rules:

  • Potable water; a private well is tested before the permit and at least once a year after
  • Soap and paper towels at the kitchen sink, plus a sink in the toilet room
  • A home dishwasher is fine if it reaches 150°F after the final rinse and drying cycle
  • No food business in rooms used for living or sleeping
  • No infants or small children in the kitchen while you prepare or package food
  • Pets kept out of the kitchen during food preparation
  • No family meals, laundry or guests in the kitchen while you work
  • No bare hand contact with ready-to-eat food, and no working while ill

When a product's room-temperature safety is in doubt, expect a request for lab tests like pH or water activity. One standard recipe per product keeps those tests to a minimum.

05

Who needs no permit

A cottage food operation, on a farm or off it, needs no board of health permit when all it sells is:

  • Whole, uncut fresh fruits and vegetables
  • Unprocessed honey
  • Pure maple products
  • Farm fresh eggs kept at 45°F or below
Maple Syrup Label Requirements →
06

When you outgrow the home kitchen

Want to sell to stores? Apply for the DPH wholesale license and keep to room-temperature foods. Want to make sauces, pickles or refrigerated desserts? That means a licensed commercial kitchen, where the federal label rules apply in full: net quantity in two units, the ingredient list, allergens, your business name and place, and usually Nutrition Facts.

FDA Food Labeling Requirements →
The label

What your Massachusetts cottage food label must say

Cottage food is sold prepackaged only, with a label in English. The list has no required home kitchen statement.

  1. 1
    Name and address
    Of the cottage food operation.
  2. 2
    Product name
    Like "Cranberry Orange Scones".
  3. 3
    Ingredients by weight
    Most to least, with sub-ingredients of anything prepared, like "chocolate chips (sugar, chocolate, cocoa butter, soy lecithin)".
  4. 4
    Net weight or volume
    How much is in the package.
  5. 5
    Allergens
    As federal labeling requirements specify.
  6. 6
    Nutrition Facts, only with claims
    Needed if the label gives any nutrition or health claim.
Questions

Massachusetts Cottage Food Law: questions

Yes, from the board of health in your city or town, if you sell directly to consumers. The board inspects your kitchen and permits you as a Cottage Food Operation. Selling only unprocessed honey, pure maple, whole produce or farm fresh eggs needs no permit.

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