Kentucky cottage food law
Kentucky's Home-Based Processing Program lets you sell nonpotentially hazardous foods from your home kitchen directly to consumers, up to $60,000 a year. You must register, and orders can be taken online or by phone, but food cannot be shipped.
Checked against the law
The rules at a glance
Home-Based Processing Program
Unattended honesty stand?
Not addressedThe rules don't mention self-serve or honor-system stands.
Sign up with the state?
YesRegister with the Food Safety Branch each year; registration expires March 31.
Source
Beginning January 1, 2020, a home-based processor shall register with the Department for Public Health, Food Safety Branch
902 KAR 45:090, Home-based processors and farmers market home-based microprocessorsA home-based processor shall be registered with the cabinet and include the following information
Kentucky Revised Statutes 217.136, Home-based processors of food and cosmetic productsRegistration for home-based processors is ongoing
Kentucky Cabinet for Health and Family Services: Home-Based Processing
Food safety class?
Not addressedThe home-based processor rules don't mention a food safety class.
Kitchen inspection?
SometimesThe cabinet may inspect annually, and responds to complaints.
Source
The processing facilities of a home-based processor may be inspected annually by the cabinet
Kentucky Revised Statutes 217.136, Home-based processors of food and cosmetic productsA home-based processor shall be subject to product sampling and inspection if it is determined that its product is misbranded pursuant to subsection (4) of this section or adulterated, or if a consumer complaint has been received
Kentucky Revised Statutes 217.136, Home-based processors of food and cosmetic productsInspection of a home-based processor facility shall be made upon complaint
902 KAR 45:090, Home-based processors and farmers market home-based microprocessors
Yearly sales limit
$60,000 a yearGross income from sales, not profit.
Source
and who has a gross income of no more than sixty thousand dollars ($60,000) annually from the sale of the products
Kentucky Revised Statutes 217.015, Definitions for KRS 217.005 to 217.215Home-based processors will have a gross income of no more than sixty thousand ($60,000) annually from the sale of these products
Kentucky Cabinet for Health and Family Services: Summary of Updates to Home-Based Processing (PDF)
Foods that need a fridge?
NoNonpotentially hazardous foods; no acidified or low-acid canned foods.
Source
produces or processes pork lard or tallow-based cosmetic products or nonpotentially hazardous foods
Kentucky Revised Statutes 217.015, Definitions for KRS 217.005 to 217.215A home-based processor shall not produce or process for sale acid foods, acidified food products, formulated acid food products, or low-acid canned foods
Kentucky Revised Statutes 217.136, Home-based processors of food and cosmetic products
Take orders online?
YesOrder and pay online or by phone; food is picked up or delivered.
Source
A home-based processor may advertise and accept orders and payments in person, electronically, or via the internet or phone
902 KAR 45:090, Home-based processors and farmers market home-based microprocessorsWhile home-based processors may advertise and accept orders and payments in person, electronically, or via internet or phone, all items shall be provided in person, directly to consumers within this state
Kentucky Cabinet for Health and Family Services: Summary of Updates to Home-Based Processing (PDF)
Ship or mail orders?
NoPick-up or delivery is allowed, but items cannot be shipped.
Source
Home-based processors are not permitted to ship items
Kentucky Cabinet for Health and Family Services: Summary of Updates to Home-Based Processing (PDF)A home-based processor shall provide all home-based processed foods direct to the consumer through pick-up or delivery
902 KAR 45:090, Home-based processors and farmers market home-based microprocessors
Sell through shops?
NoDirect to consumers only; no permitted retail markets.
Source
may only be offered for sale directly to consumers within this state, including from the home-based processor's home, whether by pick-up or delivery, at a market, roadside stand, community event, or online
Kentucky Revised Statutes 217.136, Home-based processors of food and cosmetic productsat a market (not a permitted retail market), a roadside stand, or community event
Kentucky Cabinet for Health and Family Services: Summary of Updates to Home-Based Processing (PDF)
What goes on the label
Required wording
This product is home-produced and processed.
In 10-point type.
Source
This product is home-produced and processed
Kentucky Cabinet for Health and Family Services: Labeling Requirements for Home-based Processors (PDF)
The label also shows
- The common or usual name of the food
- The name and address of the home-based processing operation
- The ingredients, in descending order of predominance by weight
- The net weight and volume by standard measure, or numerical count
- The date the product was processed
- Allergen identification for the major food allergens
Source
The common or usual name of the food or cosmetic product
Kentucky Revised Statutes 217.136, Home-based processors of food and cosmetic productsThe name and address of the home-based processing operation
Kentucky Revised Statutes 217.136, Home-based processors of food and cosmetic productsThe ingredients of the food or cosmetic product, in descending order of predominance by weight
Kentucky Revised Statutes 217.136, Home-based processors of food and cosmetic productsThe net weight and volume of the food or cosmetic product by standard measure, or numerical count
Kentucky Revised Statutes 217.136, Home-based processors of food and cosmetic productsThe date the product was processed
Kentucky Revised Statutes 217.136, Home-based processors of food and cosmetic productsAllergen identification for all ingredients that contain any of the Major Food Allergens: milk, eggs, wheat, soybean (soy), peanuts, tree nuts, sesame, fish, and shellfish
Kentucky Cabinet for Health and Family Services: Labeling Requirements for Home-based Processors (PDF)
Before your first sale
This is general information, not legal advice. Check with the Kentucky Cabinet for Health and Family Services, Food Safety Branch before you sell, and again if you add a new food or a new way of selling.
We check these sources every month and update this page when they change.
- Kentucky Revised Statutes 217.136, Home-based processors of food and cosmetic products
- Kentucky Revised Statutes 217.015, Definitions for KRS 217.005 to 217.215
- 902 KAR 45:090, Home-based processors and farmers market home-based microprocessors
- Kentucky Cabinet for Health and Family Services: Home-Based Processing
- Kentucky Cabinet for Health and Family Services: Labeling Requirements for Home-based Processors (PDF)
- Kentucky Cabinet for Health and Family Services: Summary of Updates to Home-Based Processing (PDF)
