Mississippi lets home producers sell shelf-stable foods without a state food permit, but its rules are narrower than those in the four states that border it. Sales are capped at $35,000 a year. Sellers may advertise online and on social media, but they may not sell over the internet, by mail order, at wholesale or to a store, and the Mississippi State Department of Health, or MSDH, says the food must stay in Mississippi. Six bills in 2025 and 2026 tried to raise or remove the cap, and the only one that passed a chamber died in a Senate committee in March 2026.
Note: This article is general information, not legal advice. Law details come from Miss. Code Ann. 75-29-951 as published in the 2025 Mississippi Code, the Mississippi Legislature's bill records on billstatus.ls.state.ms.us and MSDH's Cottage Food Operation FAQ, all linked below. Sources were checked on Nov. 4, 2026. The "Outlook" section is Cottage Food Directory's analysis, not a sourced forecast. MSDH Food Protection enforces the cottage food rules.
Mississippi's law today
- No state food permit is needed up to $35,000 in yearly sales. An operation that follows the cottage food section is exempt from the food permitting requirements of Miss. Code Ann. 41-3-18 as long as its annual gross sales of cottage food products do not exceed $35,000. Sales at every location count toward that total, and MSDH may ask for written records to verify it. Sources: Miss. Code Ann. 75-29-951(1); MSDH Cottage Food Operation FAQ (revised September 2023).
- Online, mail-order, wholesale and store sales are banned. The statute bars sales over the internet, by mail order, at wholesale or to a retail establishment. Ads on websites and social media are allowed. Sources: Miss. Code Ann. 75-29-951(2); MSDH Cottage Food Operation FAQ.
- Sales must stay in Mississippi. MSDH says cottage food products may be sold only in Mississippi. Cottage foods made in other states also may not be sold in Mississippi. Source: MSDH Cottage Food Operation FAQ.
- Only shelf-stable foods are allowed. Cottage food products must be nonpotentially hazardous foods as MSDH defines them, which means they do not need time or temperature control for safety. MSDH's approved list includes baked goods without cream, custard or meat fillings; candy; dried fruit other than melons; fruit pies; jams and jellies that meet federal standards; and qualifying acidified foods. Meat, fish, poultry, nut butters, low-acid canned foods and dairy products, including custard pies, are not allowed. Sources: Miss. Code Ann. 75-29-951(2); MSDH Cottage Food Operation FAQ.
- Every label must carry a required statement in 10-point type. Products must be prepackaged and labeled with the operation's name and address, the product name, ingredients by weight, net weight or volume, allergen information and nutrition information if the seller makes a nutrition claim. The label must also say, in at least 10-point type in a contrasting color: "Made in a cottage food operation that is not subject to Mississippi's food safety regulations." Source: Miss. Code Ann. 75-29-951(3).
- MSDH inspects only after a complaint. The department may investigate complaints, and it may enter and inspect a cottage food operation only after it receives one. Source: Miss. Code Ann. 75-29-951(5).
The Mississippi cottage food law guide has the full rules, including MSDH's allowed and barred food lists.
How Mississippi got here
- 2013: Mississippi passes its first cottage food law. SB 2553, approved April 1, 2013, and effective upon passage, created Miss. Code Ann. 75-29-951 (Laws 2013, ch. 481). The enrolled text set a $20,000 annual gross sales cap and barred sales over the internet, by mail order, at wholesale or to a retail establishment. Sources: SB 2553 (2013), as sent to governor; SB 2553 (2013) history; Miss. Code Ann. 75-29-951 history note.
- 2020: HB 326 raises the cap and allows online ads. HB 326, approved June 25, 2020, and effective July 1, 2020 (Laws 2020, ch. 383), raised the sales cap from $20,000 to $35,000 and allowed advertising over the internet, including social media, while keeping the ban on internet sales, mail order, wholesale and retail-store sales. Sources: HB 326 (2020), as sent to governor; HB 326 (2020) history; MSDH Cottage Food Operation FAQ.
- 2025: SB 2265 dies in committee. SB 2265 would have raised the cap to $59,000, listed approved foods in statute and required ANSI-accredited food handler training. It died in Senate committee Feb. 4, 2025. Sources: SB 2265 (2025), as introduced; SB 2265 (2025) history.
- 2026: four bills die early, and HB 910 clears the House. HB 1108 would have raised the cap to $200,000. SB 2394 would have raised it to $120,000 and added training and food-list language. SB 2283 and SB 2398 would have removed the sales cap and eased internet-sale restrictions. All four died in committee Feb. 3, 2026. HB 910 went further, removing the cap and allowing online, mail-order, wholesale, third-party retail and agent sales delivered directly to consumers in the state. The House passed it as amended 109-6 on Feb. 10, 2026, and it died in the Senate Public Health and Welfare Committee on March 3, 2026. Sources: HB 1108 (2026); SB 2394 (2026); SB 2283 (2026); SB 2398 (2026); HB 910 (2026), as passed the House; HB 910 House vote, Feb. 10, 2026 (PDF); HB 910 history.
- 2025 and 2026: Food Freedom bills die. Rep. Dan Eubanks, a co-sponsor of HB 910, also filed the Mississippi On-Farm Sales and Food Freedom Act as HB 1407 in 2025 and HB 785 in 2026. Those bills dealt with unprocessed farm products and raw milk, did not amend 75-29-951 and died in House committee. Sources: HB 1407 (2025) history; HB 785 (2026) history.
- 2027: the next session opens Jan. 5. The Mississippi Constitution sets each regular session to begin on the Tuesday after the first Monday in January, and the 2027 session is limited to 90 calendar days. As of Nov. 4, 2026, the bill-status site listed sessions only through 2026. Sources: Miss. Const. art. 4, sec. 36 (Mississippi Secretary of State, PDF); Mississippi Legislature, sessions list.
How Mississippi compares
Mississippi's rules are narrower than the rules in all four states that border it. Alabama, Arkansas and Tennessee set no sales cap, and Louisiana raised its cap from $30,000 to $100,000 on Aug. 1, 2026. Alabama and Tennessee allow online sales delivered inside their states, and Arkansas allows online and store sales and, if the seller follows federal law, sales to other states. Farther east, Florida caps sales at $250,000 and allows internet and mail-order sales, and Georgia and South Carolina set no cap and allow sales through stores. Sources: Ala. Code 22-20-5.1; Ark. Code Ann. 20-57-504, enacted by Act 1040 of 2021 (PDF); Tenn. Code Ann. 53-1-118; La. R.S. 40:4.9; Louisiana Act 801 of 2026 (HB 403); Fla. Stat. 500.80; O.C.G.A. 26-2-472, as passed (PDF posted by GDA); S.C. Code 44-1-143.
On foods that need refrigeration, Mississippi has not moved. Several states now allow some of those foods, each with conditions.
- Tennessee allows some of them in person. Since July 1, 2025, some time or temperature control for safety foods may be sold in person by the producer or an agent. Source: SB 484 (2025) bill page.
- Texas requires registration. Since Sept. 1, 2025, operations that sell these foods must register with the Texas Department of State Health Services. Source: Tex. Health & Safety Code 437.01953.
- Colorado will allow one type after a course. Starting Jan. 1, 2027, a producer may sell one type of these foods, such as tamales, after a food safety course. Source: HB 26-1033 session law, Chapter 375.
For a side-by-side look at the region, see How Cottage Food Laws Compare in Florida, Georgia, Alabama and South Carolina, Georgia's Cottage Food Law: Where It Stands and What May Come Next, Alabama's Cottage Food Law: Where It Stands and What May Come Next, Florida's Cottage Food Law: Where It Stands and What May Come Next and South Carolina's Cottage Food Law: Where It Stands and What May Come Next. For the national picture, see Where Cottage Food Laws Are Headed: The 2025-2026 Wave and What Comes Next.
Outlook: what may come next in Mississippi
- Expect another bill to raise or remove the cap. All six cottage food bills filed in 2025 and 2026 did one or the other, with proposals of $59,000, $120,000 and $200,000 and three bills that would have dropped the cap. Four of the six, including HB 910, died in the Senate Public Health and Welfare Committee, so a new bill would have to get through that committee.
- In-state online and mail-order sales have the strongest record. HB 910 would have removed the cap and allowed online, mail-order, wholesale, store and agent sales delivered to Mississippi consumers. The House passed it 109-6 on Feb. 10, 2026, and it died in that Senate committee on March 3. A bill that allows only in-state online and mail-order sales, as Alabama does, would ask the Senate for less than HB 910 did. Sources: HB 910 House vote (PDF); HB 910 history; Ala. Code 22-20-5.1.
- No recent bill tried to add refrigerated foods or out-of-state shipping. Mississippi's recent cottage food bills focused on the cap, sales channels, training and food lists. MSDH already says sales stay in Mississippi, and the statute bans mail-order sales. A state bill cannot rewrite federal rules for products that cross state lines. Sources: Miss. Code Ann. 75-29-951(2); MSDH Cottage Food Operation FAQ. For more, see Can You Ship Cottage Foods Across State Lines? A State-by-State Look.
What Mississippi operators can do now
- Check each product against MSDH's list. If an item is not on the approved list, or it needs refrigeration, the Food Protection Division can answer questions at 601-576-7689 before it goes on sale. Source: MSDH Cottage Food Operation FAQ.
- Keep sales records. MSDH may ask for written documentation of annual gross sales, and the $35,000 cap counts every location. Source: Miss. Code Ann. 75-29-951(1)(b).
- Advertise online, but sell in person in Mississippi. Internet and social media ads are allowed. Internet sales, mail order, wholesale and store sales are not. Sources: Miss. Code Ann. 75-29-951(2); MSDH Cottage Food Operation FAQ.
- Watch the 2027 session. New filings will appear in the Legislature's sessions list once the session is posted. For what to do when a law changes, see When Your State Changes the Rules: A Checklist for Home Bakers.
Frequently asked questions
Do I need a permit to sell cottage food in Mississippi?
No state food permit is required if you follow Miss. Code Ann. 75-29-951 and stay at or under $35,000 in gross annual sales. MSDH says to check with your city or county about a business license. Sources: Miss. Code Ann. 75-29-951(1); MSDH Cottage Food Operation FAQ.
Can I sell cheesecake from my Mississippi home kitchen?
No, because MSDH bars dairy products, including custard pies, from cottage food sales, and cheesecake is a dairy dessert that needs refrigeration. Source: MSDH Cottage Food Operation FAQ.
Can I sell my cottage foods online or by mail?
No. The statute bars sales over the internet and by mail order, though advertising online, including on social media, is allowed. Source: Miss. Code Ann. 75-29-951(2).
Can I sell my cottage foods to a grocery store or coffee shop?
No, since Mississippi law bars sales at wholesale or to a retail establishment. Source: Miss. Code Ann. 75-29-951(2).
Can I ship cottage foods to a customer in another state?
No. Mail-order sales are banned, and MSDH says cottage foods may be sold only in Mississippi. Sources: Miss. Code Ann. 75-29-951(2); MSDH Cottage Food Operation FAQ.
Is a bill pending to change Mississippi's cottage food law?
No. Every cottage food bill from the 2025 and 2026 sessions died in committee, and the 2027 session opens Jan. 5, 2027. New filings will show up on the Legislature's sessions list once that session is posted. Sources: Mississippi Legislature, sessions list; HB 910 (2026) history; Miss. Const. art. 4, sec. 36 (PDF).
Official sources
- Miss. Code Ann. 75-29-951 (2025 Mississippi Code, via Justia)
- SB 2553 (2013), as sent to governor and history
- HB 326 (2020), as sent to governor and history
- SB 2265 (2025), HB 1108 (2026), HB 910 (2026), SB 2283 (2026), SB 2394 (2026) and SB 2398 (2026), Mississippi Legislature bill pages
- HB 910 House vote, Feb. 10, 2026 (PDF)
- HB 1407 (2025) and HB 785 (2026), Mississippi On-Farm Sales and Food Freedom Act bill histories
- Mississippi Constitution, art. 4, sec. 36 (Mississippi Secretary of State, PDF)
- Mississippi Legislature, sessions list
- MSDH Cottage Food Operation FAQ, revised September 2023 (PDF)
- Neighboring states: Ala. Code 22-20-5.1, Arkansas Act 1040 of 2021, Ark. Code Ann. 20-57-501 to -507 (PDF), La. R.S. 40:4.9, Louisiana Act 801 of 2026 (HB 403), Tenn. Code Ann. 53-1-118 and Tennessee SB 484 (2025)
- Other states: Fla. Stat. 500.80, O.C.G.A. 26-2-470 to 26-2-478, as passed (PDF posted by GDA), S.C. Code 44-1-143, Tex. Health & Safety Code chapter 437 and Colorado HB 26-1033
To find home bakers and makers in the state, browse the Mississippi listings.
This article is general information, not legal advice. Last reviewed Nov. 4, 2026.