New Hampshire cottage food law
New Hampshire's Homestead Food program exempts non-potentially hazardous foods sold from your home, farm stand, farmers market or retail store from licensing. Freeze-dried, Internet, mail order and resale need a license, and localities can't require one.
Checked against the law
The rules at a glance
Homestead Food Operation
Unattended honesty stand?
Not addressedThe law doesn't address unattended, self-serve or honor-system stands.
Sign up with the state?
NoNo license for direct sales, except freeze-dried. Online or resale needs one; localities can't require one.
Source
A homestead food license is not required if: You only sell your non-potentially hazardous food from your own residence, from your own farmstand, at a farmer's market or retail food store
New Hampshire Department of Health and Human Services: Homestead Food OperationsHomestead food operations selling food, excluding potentially hazardous food, from the homestead residence, at the owner's own farm stand, at farmers' markets, or at retail food stores are exempt from licensure and departmental inspection under this subdivision
New Hampshire Revised Statutes Annotated s. 143-A:12, Homestead Food License RequiredHomestead food operations processing and selling freeze dried foods, from the homestead residence, at the owner's own farm stand, at farmers' markets, or at retail food stores shall be licensed under RSA 143-A:4
New Hampshire Revised Statutes Annotated s. 143-A:12, Homestead Food License RequiredHomestead food operations that wish to sell food products, excluding potentially hazardous food, to restaurants or other retail food establishments, over the Internet, by mail order, or to wholesalers, brokers, or other food distributors who will resell the homestead product shall be licensed under RSA 143-A:13
New Hampshire Revised Statutes Annotated s. 143-A:12, Homestead Food License RequiredNeither the governing body of a municipality nor the health officers of a town or city under RSA 47:12 shall make regulations requiring licenses, restrictions, or exclusions for activities or products that are exempt under RSA 143-A:12 or RSA 143-A:5, VII
New Hampshire Revised Statutes Annotated s. 147:1, Local Regulations
Food safety class?
Not addressedThe homestead food law and rules don't mention a food safety class.
Kitchen inspection?
SometimesNo routine checks. The department can inspect only if it suspects an imminent health hazard.
Source
exempt from licensure and departmental inspection under this subdivision
New Hampshire Revised Statutes Annotated s. 143-A:12, Homestead Food License Requiredexcept that the department may inspect when the department has reason to suspect an imminent health hazard as defined in RSA 143-A:3, IV-b
New Hampshire Revised Statutes Annotated s. 143-A:12, Homestead Food License Required
Yearly sales limit
No limitThe homestead food law sets no yearly sales cap.
Source
Homestead food operations selling food, excluding potentially hazardous food, from the homestead residence, at the owner's own farm stand, at farmers' markets, or at retail food stores are exempt from licensure and departmental inspection under this subdivision
New Hampshire Revised Statutes Annotated s. 143-A:12, Homestead Food License Required
Foods that need a fridge?
NoOnly non-potentially hazardous foods. No refrigeration or low acid canned foods.
Source
Exempt homestead food operations shall not produce or sell potentially hazardous foods, including any food which requires refrigeration or low acid canned foods
New Hampshire Administrative Rules He-P 2310.01, Exempt Homestead Food Operations Requirements, effective August 25, 2026 (PDF)You cannot make potentially hazardous food as an exempt homestead food operator
New Hampshire Department of Health and Human Services: Homestead Food Operations
Take orders online?
SometimesSelling over the Internet needs a homestead food license.
Source
over the Internet, by mail order, or to wholesalers, brokers, or other food distributors who will resell the homestead product shall be licensed under RSA 143-A:13
New Hampshire Revised Statutes Annotated s. 143-A:12, Homestead Food License RequiredA Homestead License is required if: You wish to offer your non-potentially hazardous products to restaurants, other food establishments excluding retail food stores, over the Internet, by mail order or to wholesalers, brokers or other food distributors
New Hampshire Department of Health and Human Services: Homestead Food Operations
Ship or mail orders?
SometimesMail order sales need a homestead food license.
Source
over the Internet, by mail order, or to wholesalers, brokers, or other food distributors who will resell the homestead product shall be licensed under RSA 143-A:13
New Hampshire Revised Statutes Annotated s. 143-A:12, Homestead Food License RequiredA Homestead License is required if: You wish to offer your non-potentially hazardous products to restaurants, other food establishments excluding retail food stores, over the Internet, by mail order or to wholesalers, brokers or other food distributors
New Hampshire Department of Health and Human Services: Homestead Food Operations
Sell through shops?
SometimesYou can sell at retail food stores. Restaurants and resale need a license.
Source
Homestead food operations selling food, excluding potentially hazardous food, from the homestead residence, at the owner's own farm stand, at farmers' markets, or at retail food stores are exempt from licensure and departmental inspection under this subdivision
New Hampshire Revised Statutes Annotated s. 143-A:12, Homestead Food License Requiredto restaurants or other retail food establishments, over the Internet, by mail order, or to wholesalers, brokers, or other food distributors who will resell the homestead product shall be licensed under RSA 143-A:13
New Hampshire Revised Statutes Annotated s. 143-A:12, Homestead Food License Required
What goes on the label
Required wording
This product is exempt from New Hampshire licensing and inspection.
At least 10-point type with clear contrast.
Source
This product is exempt from New Hampshire licensing and inspection
New Hampshire Administrative Rules He-P 2310.01, Exempt Homestead Food Operations Requirements, effective August 25, 2026 (PDF)in at least the equivalent of 10 point font and a color that provides a clear contrast to the background
New Hampshire Administrative Rules He-P 2310.01, Exempt Homestead Food Operations Requirements, effective August 25, 2026 (PDF)
The label also shows
- Name of the operation
- Physical or email address of the operation
- Phone number of the operation
- Name of the food
- Ingredients, heaviest first
- Allergen information
- A product code with a batch number or date made
Source
Name of the homestead food operation
New Hampshire Administrative Rules He-P 2310.01, Exempt Homestead Food Operations Requirements, effective August 25, 2026 (PDF)Physical or email address of the homestead food operation
New Hampshire Administrative Rules He-P 2310.01, Exempt Homestead Food Operations Requirements, effective August 25, 2026 (PDF)Phone number of the homestead food operation
New Hampshire Administrative Rules He-P 2310.01, Exempt Homestead Food Operations Requirements, effective August 25, 2026 (PDF)Name of the homestead food product
New Hampshire Administrative Rules He-P 2310.01, Exempt Homestead Food Operations Requirements, effective August 25, 2026 (PDF)All ingredients of the homestead food product: a. Listed in descending order of predominance by weight
New Hampshire Administrative Rules He-P 2310.01, Exempt Homestead Food Operations Requirements, effective August 25, 2026 (PDF)Name of each major food allergen contained in the homestead food product
New Hampshire Administrative Rules He-P 2310.01, Exempt Homestead Food Operations Requirements, effective August 25, 2026 (PDF)A product code which identifies the product with a batch number, or a date of manufacture to aid in a recall of the product in case of an imminent health hazard
New Hampshire Administrative Rules He-P 2310.01, Exempt Homestead Food Operations Requirements, effective August 25, 2026 (PDF)
Before your first sale
This is general information, not legal advice. Check with the New Hampshire Department of Health and Human Services (DHHS) 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.
- New Hampshire Department of Health and Human Services: Homestead Food Operations
- New Hampshire Revised Statutes Annotated s. 143-A:12, Homestead Food License Required
- New Hampshire Administrative Rules He-P 2310.01, Exempt Homestead Food Operations Requirements, effective August 25, 2026 (PDF)
- New Hampshire Revised Statutes Annotated s. 147:1, Local Regulations
