Massachusetts cottage food law

The rules at a glance

Cottage Food Operation

• Unattended honesty stand?

  Not addressed

  The law doesn't mention self-serve stands. Ask your board of health.

• Sign up with the state?

  Yes

  A permit from your city or town board of health. Local rules can be stricter.

  Source

  • is considered a Retail Residential Kitchen and is required to have a permit under 105 CMR 590Massachusetts DPH: Residential Kitchen Questions and Answers
  • a cottage food operation shall not sell or serve food unless it has been approved to do so and has obtained a valid permit from the board of health105 CMR 590.000: Minimum Sanitation Standards for Food Establishments (PDF)
  • LBOH may adopt more stringent retail food regulations or ordinances, including requiring a permit where the state code would not require a permitMassachusetts DPH: Guidance for Farms and Agricultural Businesses on Cottage Food and Other Food Sales (PDF)

• Food safety class?

  No

  No certified food protection manager needed for cottage food-only operations.

  Source

  • do not need to have a Certified Food Protection Manager on staffMassachusetts DPH: Guidance for Farms and Agricultural Businesses on Cottage Food and Other Food Sales (PDF)

• Kitchen inspection?

  Yes

  By your local board of health.

  Source

  • Retail Residential Kitchen operations are inspected and permitted by the local board of health in the city or town where the Residential Kitchen is locatedMassachusetts DPH: Residential Kitchen Questions and Answers

• Yearly sales limit

  No limit

  The state code sets no yearly sales cap.

  Source

  • Cottage Food Operation means a person who produces cottage food products only in the home kitchen of that person's primary domestic residence and only for sale directly to the consumer105 CMR 590.000: Minimum Sanitation Standards for Food Establishments (PDF)

• Foods that need a fridge?

  No

  Only foods that keep safely at room temperature.

  Source

  • Only non-time/temperature control for safety (TCS) baked goods, jams, jellies, and other such foods may be produced at a Cottage Food OperationMassachusetts DPH: Retail Food Code Standards for Permitted Residential Kitchens
  • Retail or Wholesale Residential Kitchens may not prepare finished products that require hot or cold holding for safetyMassachusetts DPH: Residential Kitchen Questions and Answers

• Take orders online?

  Yes

  Sales by internet count as direct to the consumer.

  Source

  • "Direct to the consumer" includes events like farmers markets, craft fairs, and sales by internet or mailMassachusetts DPH: Residential Kitchen Questions and Answers

• Ship or mail orders?

  Yes

  Sales by mail count as direct to the consumer.

  Source

  • "Direct to the consumer" includes events like farmers markets, craft fairs, and sales by internet or mailMassachusetts DPH: Residential Kitchen Questions and Answers

• Sell through shops?

  No

  Cottage foods go only direct to customers. Selling to shops needs a wholesale license.

  Source

  • Cottage Food Operation means a person who produces cottage food products only in the home kitchen of that person's primary domestic residence and only for sale directly to the consumer105 CMR 590.000: Minimum Sanitation Standards for Food Establishments (PDF)
  • Anyone producing food for sale at wholesale, for example, to a supermarket or restaurant that will re-sell to the ultimate consumer, is considered a Wholesale Residential Kitchen and is required to have a License or Permit under 105 CMR 500Massachusetts DPH: Residential Kitchen Questions and Answers

What goes on the label