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Pennsylvania Cottage Food Law

Pennsylvania cottage food law is really a registration program, because the state has no cottage food exemption. Instead, you register your home kitchen with the Pennsylvania Department of Agriculture (PDA) as a Limited Food Establishment. You send in an application, pass an inspection and pay $35 a year. Then you can make shelf-stable foods like breads, cookies, candy and jams at home and sell them directly to customers, online included.

Pennsylvania cottage food law: map of the United States with Pennsylvania highlighted
Registration$35 a yearA Limited Food Establishment registration with PDA. The inspector collects the fee at your opening inspection.
InspectionRequiredAn opening inspection before you start, then routine inspections of your food production site.
Sales capNone listedPDA's registration page and application packet set no limit on your sales.
Philadelphia CountyNot availablePDA does not allow Limited Food Establishment registration in Philadelphia County.
01

What a Limited Food Establishment is

PDA uses the name for a residential-style kitchen that makes non-hazardous foods that don't need refrigeration after they are made. Most are home kitchens, but it also covers a home-style kitchen in a church, fire hall, remodeled garage or outbuilding, and storing food on a residential property.

Food Safety Act, 3 Pa.C.S. §§ 5721-5737Every person operating a food establishment in Pennsylvania has to register. Limited Food Establishments follow this act, which brings in the federal food rules of Title 21 CFR.

A person, partnership, association, corporation, LLC or LLP can register, as long as it is the proprietor of the business. Using a shared commercial kitchen? You still need your own registration, plus a shared facility agreement.

02

Which foods you can make

Only foods that don't need time or temperature control for safety (non-TCS foods). PDA judges each product on its own, and these are the usual ones:

  • Breads, rolls, bagels
  • Cookies, brownies, muffins
  • Cakes and fruit pies
  • Jams and jellies
  • Fudge, caramels, hard candy
  • Chocolates and truffles
  • Cotton candy and lollipops
  • Dry mixes, spices, dried herbs
  • Nuts, seeds and snack mixes
  • Dried fruit and vegetables
  • Acidified foods like salsa and pickles
  • Some acidic drinks like lemonade

These are not allowed in a Limited Food Establishment:

  • Cheesecake, pumpkin pie, cream, custard or meringue pies and pastries, and pudding
  • Baked goods with meat or cheese that count as TCS food
  • Meat, poultry, fish, shellfish, eggs, milk and dairy products
  • Cut fresh fruit and vegetables, raw sprouts, tofu and garlic-in-oil
  • Low-acid canned foods like most soups, gravies and plain canned vegetables
  • Freshly brewed coffee and tea

Refrigerated foods can still be made on a residential property, but only in a second, fully licensed commercial kitchen with its own entrance, separate from your home kitchen.

03

Lab testing for some products

Some products need a lab test before PDA approves them, at a lab you choose and pay for. Test again whenever a recipe changes or you add a product.

ProductTest
Acid, acidified or fermented foods and drinkspH
Dressings, sauces, salsapH and water activity
"Moist" breads and cakes, some piesWater activity and pH
Dehydrated foodspH and water activity
Freeze-dried foodsWater activity
Jams and jellies from an altered or new recipeSoluble solids (Brix)

Jams and jellies made from a standard recipe in the Ball Blue Book, the USDA Complete Guide to Home Canning or a university extension service need no test. Acidified foods with a pH between 4.2 and 4.6 also need review by a process authority.

Process Authority →
04

Kitchen rules: pets, kids and water

  • No dogs, cats, birds or other pets in the home, unless the food area is fully closed off with a door and has its own entrance
  • No children in the kitchen while you make food for the business
  • Business ingredients on their own shelves or cupboards, apart from family food
  • No cooking for the family while you produce for the business
  • Well water tested for coliform and nitrate/nitrite before you start, then coliform every year
  • Local zoning approval, and a check of your septic system if you aren't on public sewer

Fish in a tank or a caged reptile or hamster is fine, as long as it isn't near the food area.

05

How to register with PDA

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Your inspection report counts as proof of registration until the official one arrives by mail. Renew every year: PDA mails a notice about two months before your registration expires, and you can renew online.

Located in a county with its own health department? Get the county's licenses or registrations before you apply to PDA.

06

Where and how you can sell

Your registration covers sales direct from your production site, internet sales included. Selling somewhere else can take an extra license.

Way of sellingAllowed?
From your home kitchen to customersYes
Internet salesYes
Farmers markets, roadside stands, fairs, eventsYes, the sales site may also need a Retail Food Facility License
Customers in other statesYes, but you may need FDA registration and Nutrition Facts
Restaurants, stores, wholesaleAsk PDA first

Wholesale is where PDA's own materials differ. Its online FAQ says Limited Food Establishments are for direct-to-consumer sales and that wholesale to other food businesses needs a different license, yet the same page says some retail stores may carry your products if they meet labeling requirements. The application packet lists wholesale as a method of sale and has label rules for baked goods sold in a store you don't own. Talk to your regional food safety office before you supply a shop or cafe.

07

Selling across state lines

Ship or sell to customers in other states and the FDA comes into play. PDA's packet says interstate sales need Nutrition Facts, with a small business exemption most Limited Food Establishments can qualify for, and that you may have to register your facility with the FDA. A health claim like low fat or sugar free on the label can also make a Nutrition Facts panel required.

Do I Need a Nutrition Label? →
The label

What your Pennsylvania label must say

Pennsylvania has no required home-kitchen statement. PDA wants a standard food label on packaged products and reviews your labels with the application. Bakery items you sell yourself, straight to the consumer, need no label, as long as you can give the ingredients on request.

  1. 1
    Product name
    The common or usual name, like "Chocolate chip cookies".
  2. 2
    Ingredients
    In descending order by weight, sub-ingredients included.
  3. 3
    Allergens
    An allergen declaration whenever your food contains a major food allergen.
  4. 4
    Name and address
    Of the manufacturer or distributor: your business name and address.
  5. 5
    Net weight or count
    In the bottom third of the main panel, in at least 8-point type.
Questions

Pennsylvania Cottage Food Law: questions

Not a cottage food exemption like most states. Home food businesses register with PDA as a Limited Food Establishment, which means an application, a kitchen inspection and a $35 yearly fee.

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