Who the Mississippi cottage food law covers
You run a "cottage food operation": you make the food in the kitchen of your private home, the place where you live. A house, apartment, condo or rental all count. A shed, barn, outbuilding or rented commercial kitchen does not, and ingredients and finished products are stored in the home where you make them.
Gross sales count everything you sell as cottage food, at every location. MSDH can ask for written records to verify them, so keep track of each sale.
Which foods you can sell
Only non-potentially hazardous foods: food that is safe at room temperature and needs no refrigeration, not even after opening. MSDH's list of approved cottage foods:
- Breads, biscuits, cookies, pastries, tortillas
- Candy
- Chocolate-covered pretzels, nuts and fruit
- Dried fruit
- Dried pasta
- Dried spices and dry rubs
- Dry baking mixes
- Granola, cereal, trail mix
- Fruit pies
- Jams, jellies, preserves
- Nut mixes, popcorn
- Vinegar and mustard
- Waffle cones
- Acidified foods (21 CFR part 114)
Baked goods can't have cream, custard or meat fillings, and melons are left out of the dried and chocolate-covered fruit. Jams, jellies and preserves follow the federal standard in 21 CFR part 150, so sugar-free or reduced-sugar versions made with sugar substitutes don't qualify.
MSDH lists these as not allowed:
- Meat, fish, poultry, eggs (except air-dried hard-cooked eggs with the shell intact) and dairy, including custard pies
- Cooked vegetables, cooked potatoes, beans, legumes and rice
- Nut butters, sliced melons, raw seed sprouts, and garlic or fresh herbs in oil
- Fruit and vegetable juices, and beverages or other liquid foods
- Low-acid canned foods, smoked fish, pasteurized and pre-cooked foods
Chocolate-covered strawberries and caramel apples are fine with whole, uncut fruit. Sell caramel or candy apples without the stick: the customer pushes it in after buying.
Where and how you can sell
The sale goes from you, the producer, straight to the person who eats the food, and you are there for it. House Bill 326 opened up online advertising, including social media, but kept the ban on selling online.
| Way of selling | Allowed? |
|---|---|
| Face to face, for example at a farmers market | Yes |
| Advertising on a website or social media | Yes |
| Online sales and mail order | No |
| Wholesale, or to a restaurant, convenience store or grocery store | No |
| Consignment in someone else's store or restaurant | No |
| Catering | No, caterers need a retail permit |
| Customers outside Mississippi | No |
Cottage food can't be sold with, or alongside, a regulated food business either. If a permitted shop or restaurant sells your food, that business is subject to MSDH enforcement.
Permits, inspections and training
There is nothing to register with MSDH and no fee. You don't need commercial-grade equipment, and your kitchen is only inspected if a complaint says you produced adulterated or unsafe food. Refusing entry for that inspection is grounds for disciplinary action.
Your city, or your county outside city limits, may require a business license or another permit, so check there first. Think about taxes, zoning and insurance too.
No course is required, but MSDH strongly encourages food safety training, and especially training in acidification if you make pickles or other acidified foods. Mississippi State University can test your products. Breaking the cottage food rules turns you into an illegal food establishment, with a fine of up to $1,000.
When you outgrow the Mississippi cottage food law
Over $35,000, selling online or by mail, supplying a shop or making refrigerated foods? Then you need a food permit from MSDH under Section 41-3-18, and the cottage food section stops applying to you. A licensed business uses the full federal label: ingredients, net quantity in two units, allergens and usually a Nutrition Facts panel.
Nutrition Facts Label Requirements →