Cottage Food Law Changes in 2026: Caps and Online Sales

Lawmakers in Maryland, Virginia, West Virginia, Oklahoma and Colorado changed their cottage food laws in 2026. Maryland and Oklahoma raised their sales caps. Virginia spelled out in-state online, phone and mail sales for home food makers, including makers of home-canned pickles. West Virginia created a state permit for homemade foods that need refrigeration. Colorado passed a broad update that takes effect Jan. 1, 2027. This roundup explains each change, when it takes effect and where to read the official text.

Disclaimer: This article is general information, not legal advice. Laws change, and local zoning, HOA and tax rules vary. Check the official sources linked below, your state agency or an attorney before you change how you sell.

The changes at a glance

Maryland: The annual revenue cap rose from $50,000 to $100,000 on Oct. 1, 2026.
Virginia: In-state online, phone and mail sales, now including pickles and acidified vegetables, took effect July 1, 2026.
West Virginia: A new state permit for potentially hazardous cottage foods took effect June 12, 2026.
Oklahoma: The sales cap rises from $75,000 to $250,000 on Nov. 1, 2026.
Colorado: Yearly registration, a $150,000 cap and one type of refrigerated food begin Jan. 1, 2027.

Maryland doubles its revenue cap to $100,000

Maryland's HB 535, approved April 28, 2026, as Chapter 320 of 2026, raised the annual revenue limit for a cottage food business from $50,000 to $100,000. The change took effect Oct. 1, 2026. A business can now earn up to $100,000 a year without a Maryland Department of Health, or MDH, license. Sources: HB 535 bill page; Chapter 320 of 2026 (HB 535).

The other rules did not change. Sales must stay in Maryland, and selling to a retail food store still requires MDH approval first. MDH's Cottage Food Guidelines, updated in November 2025, still list the old $50,000 figure, so ask MDH to confirm before relying on the guidelines. Source: MDH Cottage Food Guidelines.

Read the full Maryland cottage food law guide.

Virginia spells out online, phone and mail sales

Virginia's HB 402, approved April 13, 2026, as Chapter 605 of the 2026 Acts of Assembly, amended the home food exemption in Va. Code 3.2-5130. It took effect July 1, 2026. Under the amended section, a private home that makes baked goods, candy, jams and other listed shelf-stable foods may sell them in person, online or by phone to an individual in Virginia. Orders may be delivered in person, by mail or by delivery service, but only to buyers in Virginia. Home-canned pickles and acidified vegetables now follow the same in-state sales rules, and they remain under a $9,000 yearly sales cap. Sources: HB 402 bill page; Chapter 605 (HB 402); Va. Code 3.2-5130.

The limits stayed in place. The exemption does not cover sales to buyers in other states, and the foods may not be sold for resale or for use in restaurants and other retail food establishments. The act also directs the Virginia Department of Agriculture and Consumer Services, or VDACS, to convene a work group on standards for home food makers whose products fall outside the exemption. The work group must finish meeting by Nov. 1, 2026, and report to legislators by the start of the 2027 session. Source: Chapter 605 (HB 402).

Read the full Virginia cottage food law guide.

West Virginia creates a permit for potentially hazardous cottage foods

West Virginia's SB 44 added a new article to the state code, W. Va. Code 19-40, which creates a state permit for potentially hazardous cottage foods made at home. These are foods that need time or temperature control to stay safe. The governor approved the bill March 27, 2026, and it took effect June 12, 2026, 90 days after passage. Source: SB 44 (2026) bill history.

The West Virginia Department of Agriculture issues the permit, which is valid statewide, and sets its conditions and fees by rule. Foods made under the new permit may be sold only directly to consumers in West Virginia. Meat, poultry, seafood and Grade A dairy products fall outside the new article. Shelf-stable foods, which the law calls nonpotentially hazardous foods, stay under the existing exemption in W. Va. Code 19-35-6 and need no state permit. Sources: W. Va. Code 19-40; W. Va. Code 19-35-6.

Read the full West Virginia cottage food law guide.

Oklahoma raises its sales cap to $250,000

Oklahoma's HB 3720, signed May 7, 2026, raises the cap on gross annual sales of prepared food from $75,000 to $250,000. The change takes effect Nov. 1, 2026, so the $75,000 cap still applies until then. The bill also renames the Homemade Food Freedom Act the Local Food Freedom Act. Its new definition of a "local food establishment" covers a business at any location, including a residence, but excludes restaurants. Sources: HB 3720 (2026), enrolled; Oklahoma House news release.

Read the full Oklahoma cottage food law guide.

Colorado expands its Cottage Foods Act starting in 2027

Colorado's HB 26-1033, whose short title is the Tamale Act, was signed June 4, 2026, as Chapter 375 of the 2026 session laws. Its changes to the Colorado Cottage Foods Act take effect Jan. 1, 2027. Through Dec. 31, 2026, the current rules still apply, including the limit of $10,000 in net revenue a year for each product. Sources: HB 26-1033 bill page; HB 26-1033 session law, Chapter 375.

Starting Jan. 1, 2027, the act makes three main changes:

Registration: Producers must register with the Colorado Department of Public Health and Environment, or CDPHE, every year before selling and put the registration number on labels.
A higher cap: The limit becomes $150,000 in gross revenue a year from all food sold under the act, adjusted each year for inflation.
Limited refrigerated foods: A producer may sell one type of food that needs time and temperature control, such as tamales, burritos or tortas, with up to five variations. Producers who sell these foods must first take a food safety course that covers time and temperature control.

Source: HB 26-1033 session law, Chapter 375.

Read the full Colorado cottage food law guide.

When your state changes the rules: a checklist

Read the statute or session law. Bill summaries and news stories can differ from the enacted text. For example, the official summary of Colorado's HB 26-1033 describes the new cap as net revenue, while the signed act says gross revenue.
Check the effective date. Every law in this roundup took effect, or will take effect, months after it was signed. The old rules apply until the effective date.
Check whether agency guidance has caught up. State agencies often update guidance after a law changes. Maryland's guidelines still showed the old cap after the law raised it, so ask the agency to confirm when the two disagree.
Update your labels. A new law can add label items. Colorado labels must show a CDPHE registration number starting Jan. 1, 2027, so producers will need new labels before then.
Confirm your sales channels. Check whether the change affects online sales, mail delivery, store sales or sales across state lines. Virginia's exemption and West Virginia's new permit both cover in-state sales only.
Track your sales against the cap. Maryland, Oklahoma and, from 2027, Colorado measure their caps in yearly revenue or sales, so keeping a running total shows when a business is getting close to the limit.

Frequently asked questions

Can I earn more than $50,000 a year from cottage food in Maryland now?

Yes. Since Oct. 1, 2026, the annual revenue cap is $100,000. Source: Chapter 320 of 2026 (HB 535).

Can I sell home-baked goods online in Virginia and ship them to other states?

Online, phone and mail sales are allowed, but only to individuals in Virginia. The exemption does not cover buyers in other states. Sources: Va. Code 3.2-5130(C)(3); Chapter 605 (HB 402).

Can I sell foods that need refrigeration from a home kitchen in West Virginia?

Yes, with a potentially hazardous cottage food vendor permit from the West Virginia Department of Agriculture. These foods may be sold only directly to consumers in West Virginia, and meat, poultry, seafood and Grade A dairy products are excluded. Source: W. Va. Code 19-40-1, 19-40-2.

Can I use Oklahoma's $250,000 cap now?

Not until Nov. 1, 2026. Until then, gross annual sales of prepared food must stay under $75,000. Source: HB 3720 (2026), enrolled.

Can I sell tamales under Colorado's cottage food law?

Not yet. Starting Jan. 1, 2027, a registered producer who completes time and temperature training may sell one type of food that needs time and temperature control, such as tamales, with up to five variations. Source: HB 26-1033 session law, Chapter 375.

Sources

For a broader overview of 2026 state food law activity, see the National Agricultural Law Center's 2026 update. It is a secondary summary, so check the official sources above for the law itself.

See every state's rules on the all states page, or browse more posts on the blog.

This article is general information, not legal advice. Check your state and local rules before you sell.

Cottage Food Law Changes in 2026: Caps, Online Sales and New Permits