Kansas cottage food law

The rules at a glance

Cottage Foods license exemption

• Unattended honesty stand?

  Not addressed

  The state sources don't address unattended, self-serve or honor-system sales.

• Sign up with the state?

  No

  No separate program. A state license exemption covers these direct sales.

  Source

  • The direct-to-consumer sale of foods that do not require temperature control for safety or specialized processing is allowed at farmers' markets and similar locations without a food establishment licenseKansas Department of Agriculture: Food Sales at Farmers' Markets & Similar Locations
  • A person who produces food for distribution directly to the end consumer, if such food does not require time and temperature control for safety or specialized processing, as determined by the secretaryKansas Statutes K.S.A. 65-689, license requirements and exceptions

• Food safety class?

  No

  No state requirement. The city of Leavenworth requires a food handler card.

  Source

  • Kansas does not require a food handler card for food employeesKansas Department of Agriculture: Food and Pet Treat Safety FAQ (PDF)
  • The only city in Kansas that requires a card is LeavenworthKansas Department of Agriculture: Food and Pet Treat Safety FAQ (PDF)

• Kitchen inspection?

  Sometimes

  No routine checks. KDA can inspect when a violation is observed or reported.

  Source

  • The exemption provided to those entities provided in subsection (d) shall not be exempt from inspection or regulation when a violation is observed or reported to the secretaryKansas Statutes K.S.A. 65-689, license requirements and exceptions

• Yearly sales limit

  No limit

  The state sources set no yearly sales cap.

  Source

  • The direct-to-consumer sale of foods that do not require temperature control for safety or specialized processing is allowed at farmers' markets and similar locations without a food establishment licenseKansas Department of Agriculture: Food Sales at Farmers' Markets & Similar Locations

• Foods that need a fridge?

  No

  Only foods that need no temperature control or specialized processing.

  Source

  • The direct-to-consumer sale of foods that do not require temperature control for safety or specialized processing is allowed at farmers' markets and similar locations without a food establishment licenseKansas Department of Agriculture: Food Sales at Farmers' Markets & Similar Locations
  • Foods that are not allowed under the license exemption are commonly called non-exempt foods and are foods that require temperature control for safety or specialized processingKansas Department of Agriculture: Food Sales at Farmers' Markets & Similar Locations

• Take orders online?

  Yes

  Internet sales are allowed under the license exemption.

  Source

  • Internet sales, including shipping, are also allowed under this license exemption, subject to the receiving states' requirementsKansas Department of Agriculture: Food Sales at Farmers' Markets & Similar Locations

• Ship or mail orders?

  Yes

  Shipping is allowed, subject to the receiving state's rules.

  Source

  • Internet sales, including shipping, are also allowed under this license exemption, subject to the receiving states' requirementsKansas Department of Agriculture: Food Sales at Farmers' Markets & Similar Locations

• Sell through shops?

  No

  Direct to the consumer only. Shops and restaurants need a licensed facility.

  Source

  • The person selling the food may not relinquish physical control of the product except to the end consumerKansas Department of Agriculture: Food Sales at Farmers' Markets & Similar Locations
  • If you want to sell your spice mixes for further distribution, such as wholesale sales to grocery stores and restaurants, you must have a properly equipped, licensed facility separate from your personal use kitchenKansas Department of Agriculture: Food Safety FAQ

What goes on the label