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Ohio Cottage Food Law

Ohio cottage food law lets you make 20 kinds of shelf-stable food in your own home kitchen and sell them in Ohio with no license, no inspection, no fee and no sales cap. Cookies, breads, candy, jams, granola, popcorn and roasted coffee all qualify. You sell from home, at farmers markets, through licensed stores and restaurants, or at qualifying festivals, and every package carries a full label with "This product is home produced." Anything that needs refrigeration falls outside the law.

Ohio cottage food law: map of the United States with Ohio highlighted
License or feeNoneODA neither licenses nor inspects a cottage food production operation, and charges nothing.
Sales capNoneOhio's cottage food statute and rules set no dollar limit on your sales.
Sales areaOhio onlySelling cottage food products outside the state of Ohio is prohibited.OAC 901:3-20-05(F)
Allowed foodsA fixed listOnly the 20 food types the rules name. A food that isn't on the list can't be made, even if it's shelf stable.OAC 901:3-20-04
01

Who the Ohio cottage food law covers

Ohio calls you a "cottage food production operation": a person who, in their home, makes foods that are not potentially hazardous, such as bakery products, jams, jellies, candy and fruit butter. There is no application to file. If you meet the definition and follow the rules, you are covered.

Ohio Revised Code 3715.01(A)(17)"Home" means the primary residence occupied by the residence's owner, with only one stove or oven used for cooking (a double oven counts), designed for home use and not commercial use, operated in an ordinary kitchen within the residence.

So a rented commercial kitchen, a second home or a kitchen with two ranges does not qualify. Hamilton County Public Health adds that the home must be in Ohio and that commercial grade cooking equipment is not allowed.

02

Which foods you can make under Ohio cottage food rules

Ohio works with a closed list. The Ohio Administrative Code approves 20 food types, and nothing else. Here they are, grouped:

  • Non-potentially hazardous bakery products, like cookies, breads, brownies, cakes and fruit pies
  • Jams and jellies
  • Candy, but not fresh fruit dipped in or covered with candy
  • Flavored honey from a beekeeper exempt under ORC 3715.021
  • Fruit chutneys and fruit butters
  • Granola, granola bars and candy-dipped granola bars, with commercially dried fruit only
  • Maple sugar from an exempt maple syrup producer
  • Popcorn, flavored popcorn, kettle corn, popcorn balls and caramel corn (not unpopped popping corn)
  • Unfilled baked donuts
  • Waffle cones, plain or dipped in candy, and pizzelles
  • Dry cereal and nut snack mixes with seasonings
  • Roasted coffee, whole bean or ground
  • Dry baking mixes in a jar, like cookie mix
  • Dry herbs, herb blends, seasoning blends and tea blends
  • Dry soup mixes with commercially dried vegetables, beans, grains and seasonings

ODA reads candy broadly: no-bake cookies and chocolate covered pretzels count. Dry seasoning blends include barbecue rubs and seafood boil mixes.

Off limits by law: potentially hazardous foods, acidified foods and low-acid canned foods. ODA's examples include cheesecake, pumpkin pie, custard and cream pies, garlic in oil, cooked vegetables, and raw or cooked animal products such as meat. Egg noodles are potentially hazardous too, so they need a home bakery license.

OAC 901:3-20-04(B)Cottage food products may not be packed using reduced oxygen packaging. That includes vacuum packaging and modified atmosphere packaging.
03

Where and how you can sell cottage food in Ohio

Ohio cottage food is sold inside Ohio only. Package and label everything at home, before it leaves your kitchen.

Where you sellAllowed?
From your home, directly to the consumerYes
Farmers marketsYes, prepackaged and labeled. No local health department license needed
Registered farm marketsYes
Licensed grocery stores and other retail food establishmentsYes, the store may resell your labeled food
Licensed restaurantsYes, to sell or to use in the food they serve
Festivals and celebrationsOnly if run by a political subdivision of Ohio and no longer than 7 consecutive days
Unwrapped goods customers pick themselvesOnly with a temporary or mobile food license from the local health department
Customers or stores in other statesNo
Ohio Revised Code 3715.023(B)Food products labeled under this section are acceptable food products that a licensed retail food establishment or food service operation may offer for sale or use in preparing and serving food.

Online orders are not on ODA's list of places to sell, and ODA's pages say nothing about them. If you want to take orders through a website, ask the ODA Division of Food Safety first. Shipping to another state is never allowed.

04

License, fees, training and inspections

This is where Ohio is easy. A cottage food production operation is exempt from ODA licensing and inspection, so there is no permit, no registration form, no fee and no kitchen check before you start. Ohio's cottage food rules don't require a food safety course either, though county health departments like Hamilton County offer training if you want it.

ODA can still take samples of your products, at any time, to check whether they are misbranded or adulterated. Refusing a sample is one of the prohibitions in the rules.

  • No license, permit or registration with ODA
  • No fee and no sales cap
  • No required food safety course
  • Product sampling by ODA at any time
  • Local zoning still applies, so check that home-based sales are allowed where you live
05

When you outgrow the Ohio cottage food law

Want to bake cheesecakes, cream pies or filled donuts at home? Then you need an Ohio home bakery license. ODA inspects your kitchen and reviews your labels. The license costs $10 a year and is renewed every September.

  • No pets in the home
  • No carpet in the kitchen
  • A water test from the last 12 months if you're not on municipal water, negative for total coliform
  • An accurate thermometer showing your refrigerator holds 45°F or less

Canned foods are a bigger step. For acidified or low-acid canned foods you attend Better Process Control School, have a process authority evaluate each product, register with FDA as a cannery and file your process with FDA before ODA inspects you. Beekeepers, tree syrup and sorghum makers, and apple syrup or apple butter makers who get at least 75% of their honey, sap, juice or apples from their own hives, trees or plants are not food processing establishments under Ohio law.

Maple Syrup Label Requirements →
The label

What your Ohio cottage food label must say

Ohio's label is close to a full federal food label. It follows ORC 3715.023 plus the federal rules in 21 CFR Part 101.

  1. 1
    Product name
    The common or usual name, like "Kettle Corn" or "Apple Butter".
  2. 2
    Business name and address
    Name, street address, city, state and ZIP, together in one block.
  3. 3
    Ingredients by weight
    Heaviest first, with the sub-ingredients of ingredients like chocolate chips in parentheses.
  4. 4
    Net weight in two units
    U.S. and metric units together, like "NET WT 12 OZ (340 g)".
  5. 5
    Major allergens
    Named in the ingredients or in a "Contains:" line next to them, with the exact tree nut, fish or shellfish.
  6. 6
    Nutrition Facts, only after a claim
    Write "low fat" or a health claim and ODA expects a full Nutrition Facts panel.
  7. Required statement, word for wordCopy exactlyThis product is home produced.
Questions

Ohio Cottage Food Law: questions

Not for cottage foods. A cottage food production operation is exempt from licensing and inspection by the Ohio Department of Agriculture. You only need a license for foods outside the list, like refrigerated baked goods (home bakery license) or canned vegetables.

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