Mississippi cottage food law

The rules at a glance

Cottage Food Operation

• Unattended honesty stand?

  No

  The state says you must be present to sell your food.

  Source

  • You must be present to sell your foodMississippi State Department of Health: Cottage Food Operation Frequently Asked Questions (PDF)
  • The sale must be from the Cottage Food producer to the actual customer (person to person)Mississippi State Department of Health: Cottage Food Operation Frequently Asked Questions (PDF)

• Sign up with the state?

  No

  No food permit. Your city or county may still require a business license.

  Source

  • A cottage food operation must comply with the applicable requirements of this section but is exempt from the permitting requirements of Section 41-3-18Mississippi Legislature: Section 75-29-951 as amended by House Bill 326 (2020) (PDF)
  • Check with your city, or county if you are outside the city limits, where your private home is located to determine if a business license or other permit is requiredMississippi State Department of Health: Cottage Food Operation Frequently Asked Questions (PDF)

• Food safety class?

  No

  Not required. The state encourages food safety training.

  Source

  • Training and certification is highly encouraged for general food safety education and for acidified canned foodsMississippi State Department of Health: Cottage Food Operation Frequently Asked Questions (PDF)

• Kitchen inspection?

  Sometimes

  No routine checks. An inspection only follows a complaint.

  Source

  • Only upon receipt of a complaint, the department's authorized officer or employee may enter and inspect the premises of a cottage food operationMississippi Legislature: Section 75-29-951 as amended by House Bill 326 (2020) (PDF)
  • An inspection will only be conducted if a complaint is receivedMississippi State Department of Health: Cottage Food Operation Frequently Asked Questions (PDF)

• Yearly sales limit

  $35,000 a year

  Gross annual sales, including sales at any location.

  Source

  • You are limited in the amount of sales you can have selling Cottage Foods, which is $35,000 in gross annual salesMississippi State Department of Health: Cottage Food Operation Frequently Asked Questions (PDF)
  • sales of cottage food products that do not exceed * * * Thirty-five Thousand Dollars ($35,000.00)Mississippi Legislature: Section 75-29-951 as amended by House Bill 326 (2020) (PDF)
  • operation's annual gross sales include all sales of cottage food products at any locationMississippi Legislature: Section 75-29-951 as amended by House Bill 326 (2020) (PDF)

• Foods that need a fridge?

  No

  Only non-potentially hazardous foods that keep at room temperature.

  Source

  • Only non-potentially hazardous foods that do not require time and/or temperature control for safetyMississippi State Department of Health: Cottage Food Operation Frequently Asked Questions (PDF)

• Take orders online?

  No

  You can advertise online, but you may not sell over the internet.

  Source

  • A cottage food operation may not sell * * * cottage food products over the Internet, by mail order, or at wholesale or to a retail establishmentMississippi Legislature: Section 75-29-951 as amended by House Bill 326 (2020) (PDF)
  • this does not prohibit the advertising of cottage food products over the Internet, including through social mediaMississippi Legislature: Section 75-29-951 as amended by House Bill 326 (2020) (PDF)
  • Sales must be directly from the producer to the end consumerMississippi State Department of Health: Cottage Food Operation Frequently Asked Questions (PDF)

• Ship or mail orders?

  No

  No mail order.

  Source

  • A cottage food operation may not sell * * * cottage food products over the Internet, by mail orderMississippi Legislature: Section 75-29-951 as amended by House Bill 326 (2020) (PDF)

• Sell through shops?

  No

  No wholesale or retail sales. Sell directly to the customer.

  Source

  • The sale of Cottage Food products at wholesale or to a retail food establishment is prohibitedMississippi State Department of Health: Cottage Food Operation Frequently Asked Questions (PDF)
  • The sale must be from the Cottage Food producer to the actual customer (person to person)Mississippi State Department of Health: Cottage Food Operation Frequently Asked Questions (PDF)
  • at wholesale or to a retail establishmentMississippi Legislature: Section 75-29-951 as amended by House Bill 326 (2020) (PDF)

What goes on the label