Cottage food labeling requirements for farmers market vendors

What to take away

Where the cottage food label rules come from

Cottage food statutes are written in state capitals, not Washington. The FDA regulates packaged food sold across state lines, and a home kitchen selling direct to a shopper at a weekly market generally sits outside that framework.

Enforcement lands with a state agriculture department, a state health department, or a county health office depending on the state. The Iowa and Vermont programs look nothing alike on paper.

Start with your own state's official site. The IRS keeps a directory of state government websites that leads to each agriculture department and its cottage food page. (IRS state directory)

What most state labels must carry

Most cottage food states ask for the same core block of text. A basic label usually includes:

Some states add a registration number, a permit class letter, or the county where the food was made. Others require the label to sit on the package, not on a card at the table.

Farmers markets may also set conditions through their vendor agreements or handbooks. Ask the market manager whether labels must remain on packages, whether a table placard is acceptable, and how samples should be identified; follow the applicable state packaging rule.

Selected state label examples

California specifies “Made in a Home Kitchen.” Texas requires a no-inspection statement referring to the Department of State Health Services; its exact wording appears below.

For the other states in the table, legal starting points include Florida Statutes § 500.80; Michigan’s Cottage Food Law in the Michigan Food Law (2000 PA 92); Ohio Revised Code § 3715.01 and Ohio Administrative Code Chapter 901:3-20; and the Wyoming Food Freedom Act, in Chapter 11-49 of the Wyoming Statutes. Relevant agencies include the Florida Department of Agriculture and Consumer Services, Michigan Department of Agriculture and Rural Development, Ohio Department of Agriculture, and Wyoming Department of Agriculture. California vendors should check with their county environmental health agency; Texas vendors should check with the Department of State Health Services.

Examples of home-kitchen statements

California’s Homemade Food Act, including California Health and Safety Code § 114365.2, governs cottage-food labels. A California Class A vendor selling banana bread must print “Made in a Home Kitchen” with the county of production and permit class. Texas Health and Safety Code Chapter 437, Subchapter A requires this no-inspection statement: “This food is made in a home kitchen and is not inspected by the Department of State Health Services or a local health department.”

When state rules prescribe exact language, use it without shortening or rewording.

Allergen labeling for homemade food

Federal law names nine major allergens: milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soybeans, and sesame. Sesame joined the list in 2023 through the FASTER Act.

For packaged foods subject to federal allergen-labeling rules, the allergen source must be identified in the ingredient list or in a separate “Contains” statement. The Food Allergen Labeling and Consumer Protection Act and the FASTER Act are federal authorities; state cottage-food rules may add requirements or affect which rules apply.

Cross-contact is the harder question. A home kitchen that also handles peanut butter may need a cross-contact note in some states, while others say nothing.

The wider principles behind ingredient and allergen disclosure appear in this background on food labelling.

Where Canadian labels diverge

Canada treats prepackaged food differently. Health Canada's food labelling portal lists the federal requirements, and bilingual text is one of them. (Health Canada labelling portal)

A vendor at a Canadian market selling prepackaged jam may need English and French text, a net quantity declaration, a Nutrition Facts table, and priority allergen statements. A US cottage food label needs none of that.

A vendor weighing both countries can compare the two systems in our guide to Canadian labelling rules.

Provincial rules also differ from anything in the United States. A vendor who wants to see how provinces support small producers should read what US vendors can learn from Canadian farmers market regulations.

Related vendor considerations

Vendors who keep selling in January lean on shelf-stable cottage goods such as jams, breads, and granola. Our winter market strategies piece covers storage crops and indoor venues.

Sourcing lands on the label too. A vendor choosing between a nearby orchard and a wholesale case should read our piece on sourcing from local farms versus wholesalers.

Common questions

Further reading: Texas Cottage Food Production (dshs.texas.gov).