7 min read

North Carolina Cottage Food Law

North Carolina cottage food law works differently from most states: there is no cottage food statute at all. Anyone who makes food at home to sell goes through the NCDA&CS home processing program instead. Your home kitchen gets a free inspection, and once you pass, you can sell shelf-stable foods directly to customers and also to stores and restaurants. NCDA&CS issues no permit, charges no fee and sets no sales cap, but the kitchen rules are strict, starting with no pets in the house.

North Carolina cottage food law: map of the United States with North Carolina highlighted
Kitchen inspectionRequiredBy NCDA&CS, before your first sale. Plan on 8 to 12 weeks from application to contact.
Fee or permitNoneNCDA&CS charges nothing for the visit and hands out a Notice of Inspection, not a permit.
Where you sellStores tooDirect to consumers, and to retail stores and restaurants, with labels where required.
PetsNot allowedAny pet that enters the home, even only at night, disqualifies the kitchen.
01

No cottage food law, a home processor inspection instead

North Carolina never passed a cottage food act. Home food businesses fall under the Food and Drug Protection Division of the N.C. Department of Agriculture and Consumer Services (NCDA&CS). The division sees a home processor as a food manufacturing facility, so your kitchen has to meet the federal Good Manufacturing Practices and the N.C. Food, Drug and Cosmetic Act.

The inspection is needed for anyone selling homemade food, whether to retail stores, to restaurants or directly to consumers. It also covers opening and repackaging foods or ingredients you bought elsewhere. Prepackaged goods that you don't process at all, like a gift basket of bought items, need no inspection.

21 CFR 117 Subpart BThe federal Current Good Manufacturing Practice rules that NCDA&CS uses as the standard for a home processing area.
02

Which foods you can make at home

Only low risk foods: shelf stable, with no refrigeration or freezing needed. NCDA&CS gives these examples:

  • Baked goods that don't need refrigeration
  • Jams, jellies and preserves
  • Candies, including freeze-dried candy
  • Dried mixes and spices
  • Some drinks, like iced tea, coffee or lemonade
  • Some sauces and dressings, after an evaluation
  • Acid and acidified foods like pickles and BBQ sauce, after you contact NCDA&CS
  • Honey, peanuts and dry goods

These high risk foods are not permitted in a home kitchen:

  • Refrigerated or frozen products
  • Low-acid canned foods, such as jarred vegetables
  • Dairy products
  • Seafood
  • Bottled water and juice
  • Bakery items with cream or cream cheese fillings, and cheesecake

Some products need lab work before approval. Acidified foods, dressings and sauces, homemade cream cheese frostings, moist breads and cakes, some pies and any questionable product may need pH or water activity testing, with a Process Authority Letter from the lab. Acidified food makers may also need to finish an Acidified Food Course.

Process Authority →
03

What your kitchen needs

Production happens in the kitchen of your home. A kitchen in a garage, a basement or a separate building on the property doesn't qualify and counts as a commercial business.

  • No pets in the home at any time, not even only at night
  • Smooth, easily cleanable food contact surfaces
  • No insects, rodents or other pests
  • Hot and cold running water; the kitchen sink is for food prep only, so handwashing happens at a separate or bathroom sink
  • Thermometers in the refrigerator and freezer
  • Waste carried away by sewer or septic system
  • Shielded or shatter-proof light bulbs
  • No decorative items that collect dust

Standard household appliances are fine, and you may use them for family cooking too. On city water you send a recent water bill. On a private well you send a coliform and E. coli test from a certified lab, done within a year of applying. Store-bought test kits are not accepted.

04

How to get inspected

0 of 7 checkedSaved on this device

A Food Regulatory Specialist contacts you to set up the visit, usually within 8 to 12 weeks, and later in busy seasons. The inspector checks the kitchen, the storage areas and the outside of the house for pest entry. You receive the inspection report and a Notice of Inspection. Major violations can disqualify you.

NCDA&CS also points to the usual business steps: a Sales and Use Tax number, registering your business name, and a UPC code if stores ask for one.

05

Where and how you can sell

Once inspected, you sell directly to consumers and to retail stores, distributors and restaurants, with no yearly sales limit in the NCDA&CS program. What changes from place to place is whether you need a stuck-on label.

Way of sellingLabel on the package?
Pickup at your home, delivery, or orders for weddings and partiesNot required, ingredients on request
Farmers market, handed over from behind the counterNot required, ingredients on request
Self-service table at a market or curb saleRequired
Retail stores, distributors and restaurantsRequired
Shipped by USPS, FedEx or similarRequired

The NCDA&CS Food Program oversees food sold within North Carolina. Shipping to another state brings in that state's rules and the federal ones, so check them before you take out-of-state orders.

06

When you outgrow the home kitchen

Moving production to a garage, a separate building or a shared kitchen, or adding refrigerated, frozen or low-acid canned foods, makes you a commercial business under the NCDA&CS routine inspection program. Selling more, especially to stores, also tends to bring in federal labeling questions such as the Nutrition Facts panel.

Nutrition Facts Label Requirements →
The label

What your North Carolina home processor label must say

Needed for self-service sales, wholesale and shipping. NCDA&CS asks you to send one example label with your application. North Carolina has no required home kitchen statement.

  1. 1
    Product name
    What the food is, like "Pecan Brittle".
  2. 2
    Manufacturer's name and physical address
    A website address can't replace it.
  3. 3
    Net quantity in two units
    Ounces or pounds with grams, or fluid ounces with milliliters.
  4. 4
    Ingredients by weight
    Heaviest first, with sub-ingredients in parentheses, like butter (cream (milk), salt).
  5. 5
    Allergens
    In the ingredient list or a "Contains" line right after it, naming the specific tree nut or fish.
  6. 6
    Nutrition Facts, only with claims
    Not required by the program unless you make a claim such as "sugar free" or "gluten free".FDA Gluten-Free Label Requirements →
Questions

North Carolina Cottage Food Law: questions

No. North Carolina has no cottage food statute. Home food businesses get a home processor inspection from NCDA&CS instead, and after a compliant inspection they can produce and sell.

Your North Carolina label, ready in minutes

Free preview, no account. $29 when you're ready to print.

Start a label