Missouri's Cottage Food Law Still Covers 3 Foods After a 2026 Expansion Bill Stalled

Missouri's cottage food law names 3 kinds of food a home cook may sell without a permit: baked goods, canned jams or jellies and dried herbs or herb mixes. Candy, salsa and pickles are not on the list. The law's last change, House Bill 1697, passed the House 153-0 and the Senate 29-1 in 2022. It removed a $50,000 yearly income limit and allowed internet sales when the seller and the buyer are both in Missouri. In 2026, House Bill 3108 proposed replacing the cottage food section with a broader homemade food law that would have covered most foods and drinks made at home, along with eggs and dairy products, and allowed store sales of foods that do not need time or temperature control. A House committee scheduled a hearing on it in April, but the bill was not heard. As of the morning of Nov. 14, 2026, no bill had been filed for the 2027 session. Prefiling opens Dec. 1.

What Missouri's law allows in 2026

The law is Section 196.298 of the Revised Statutes of Missouri, or RSMo. The Missouri Department of Health and Senior Services, or DHSS, explains it in its Home-Based Kitchen Food Production Guidance, dated August 2023.

• A cottage food production operation may make and sell only baked goods, canned jams or jellies and dried herbs or herb mixes. The statute defines a baked good as cookies, cakes, breads, Danish, doughnuts, pastries, pies and other items baked in an oven. A baked good that is a potentially hazardous food under DHSS rules does not qualify. DHSS says the term "Cottage Law" "is not an umbrella or all-encompassing term" that lets a person make any food at home. Sources: RSMo 196.298.1(1), (2)(a); DHSS, Home-Based Kitchen Food Production Guidance (August 2023), page 7.
• The operation must be an individual working out of a home, which the law defines as a primary residence with a kitchen and appliances designed for common residential use. Source: RSMo 196.298.1(2), (4).
• Sales must go only directly to consumers. DHSS says the person who made the food or a household member with "extensive knowledge" of it must do the selling, and food sold wholesale is no longer covered. Sources: RSMo 196.298.1(2)(b); DHSS guidance, pages 7, 8 and 12.
• Internet sales are allowed only when the operation and the buyer are both in Missouri. DHSS adds that a cottage food producer "may not sell their products across state lines." Sources: RSMo 196.298.5; DHSS guidance, pages 9 and 15.
• The law has had no sales cap since Aug. 28, 2022. Before that date, an operation had to have annual gross income of $50,000 or less from these foods. Sources: RSMo 196.298 (2022 version); RSMo 196.298 (2014 version); DHSS guidance, page 9.
• No state or local food permit is required, and a local health department may not regulate production at a cottage food operation. The operation is not a food service establishment and is subject to no state health or food code laws other than Section 196.298 and rules adopted under it. DHSS and local health departments must keep records of complaints, and they may still investigate a foodborne illness or outbreak. Sources: RSMo 196.298.2, .3 and .6; DHSS guidance, pages 7 and 12.
• The statute requires a label with the operation's name and address and a statement that the food is not inspected by DHSS or the local health department. DHSS's guidance lists 4 more items: the common name of the food, the ingredients in descending order by weight, the net weight and any allergens. Sources: RSMo 196.298.4; DHSS guidance, pages 8 and 9.
• DHSS treats some jams and baked goods as outside the law. Its guidance says "No Sugar Added," "Sugar Free" and hot pepper jams and jellies cannot be sold under the law because their pH or water activity may change. It also lists baked goods garnished with fresh fruit, freeze-dried foods, salsa, pickles, sauces, meats, dairy and eggs as foods the law does not cover, and it calls meringue and cream pies potentially hazardous. Source: DHSS guidance, pages 8 and 14.

The Missouri cottage food law guide covers each rule question by question.

How the law changed in 2014 and 2022

Senate Bill 525 of 2014 created Section 196.298. It limited an operation to annual gross income of $50,000 or less from cottage foods, and it barred any internet sales. The governor signed it July 2, 2014, and it took effect Aug. 28, 2014. Sources: Senate Bill 525 (2014) bill page; RSMo 196.298 (2014 version).

Then-Rep. Ben Baker, R-Neosho, prefiled House Bill 1697 on Dec. 1, 2021. The bill changed only Section 196.298. It struck the $50,000 limit and replaced the internet ban with in-state internet sales. The House passed it 153-0, with 1 member voting present, on Feb. 22, 2022, and the Senate passed it 29-1 on April 20. The governor approved it June 7, 2022, and it took effect Aug. 28, 2022. The House bill summary notes that the bill was the same as House Bill 357 of 2021. Sources: House Bill 1697 (2022) bill page; House Bill 1697 actions; House Bill 1697, truly agreed and finally passed text; House Bill 1697 introduced bill summary; Missouri House, Rep. Ben Baker.

What the statute and DHSS guidance leave unclear

1. The statute tells DHSS to adopt labeling rules, but a search of the department's food rules found no cottage food rule. Section 196.298.4 says DHSS "shall promulgate rules" requiring cottage food labels. A Nov. 14, 2026, search of 2 chapters of DHSS rules in the Code of State Regulations (CSR), Food Protection (19 CSR 20-1) and General Sanitation (19 CSR 20-3), found no rule that mentions cottage food production operations. The 4 extra label items appear in DHSS's guidance, and the search found no rule under the cottage food section that lists them. Sources: RSMo 196.298.4; Code of State Regulations, 19 CSR 20-1, Food Protection; 19 CSR 20-3, General Sanitation; DHSS guidance, pages 8 and 9.
2. The statute defines a cottage food operation as one that makes the listed foods "for sale at the individual's home" and sells them only directly to consumers. It does not say whether that phrase limits where sales may take place, and it does not name farmers markets or other venues. DHSS's guidance does not say cottage foods may be sold only at the home, and its only farmers market answer concerns salsa made on site. The statute allows in-state internet sales but says nothing about where a cottage food maker may hand over an order. When DHSS's guidance answers whether cottage foods may be sold from a mobile establishment, it points to a separate exemption in the Missouri Food Code for individual stands, which applies only where local law allows it and requires a placard. Sources: RSMo 196.298.1(2)(a) and .5; DHSS guidance, pages 9, 10, 12 and 13.
3. Neither the statute nor DHSS's guidance says whether an in-state online order may be mailed or shipped. The statute limits internet sales to buyers in Missouri, and DHSS bars sales across state lines. Neither one mentions mail, parcel carriers or delivery inside the state. Sources: RSMo 196.298.5; DHSS guidance, pages 9 and 15.

Missouri and its 8 neighbors

Missouri borders Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska.

Iowa exempts cottage food from state licensing, permitting, inspection, packaging and labeling laws, but the same section requires a label with the maker's name and contact information, the food's name, its ingredients and a statement that it was made at a home exempt from state licensing and inspection. Cottage food covers food made at a private residence that does not need time or temperature control for safety, along with home-canned pickles, vegetables and fruits that meet acidity or water activity limits measured for each batch. Milk products and meat and poultry are excluded. Sales may be made in person, remotely, by phone or online, and the food may be delivered by the producer, by mail or by an agent. The section sets no sales cap. Sources: Iowa Code 137F.1(3); Iowa Code 137F.20; Iowa cottage food law.

Illinois requires a cottage food operation to register each year with its local health department, for a fee of no more than $50. The person preparing the food must be a certified food protection manager. Most foods are allowed, but the law bars a list that includes meat, cheesecakes, custard pies and pumpkin pies. Sales go directly to consumers, including online and by delivery, and only foods that do not need time or temperature control may be shipped, inside Illinois only. The section sets no sales cap. Sources: 410 Illinois Compiled Statutes 625/4; Illinois cottage food law.

Kentucky's home-based processors register with the state each year for $50 and may earn no more than $60,000 a year from their products. The law covers foods that are not potentially hazardous, and its examples include candy, nuts, jams, breads and fruit pies. Products may be sold only directly to consumers in Kentucky, including online, with pickup, delivery or sales at markets, roadside stands and community events. Sources: Kentucky Revised Statutes 217.015(56); Kentucky Revised Statutes 217.136(5); 902 Kentucky Administrative Regulations 45:090, Section 3; Kentucky outlook.

Tennessee's Food Freedom Act, in effect since July 1, 2022, exempts homemade food from state licensing, permitting, inspection, packaging and labeling laws for sales made inside Tennessee. Buyers must still be given the producer's name, home address and phone number, the food's name, its ingredients and a statement that it was made in a private home exempt from state licensing and inspection. Shelf-stable foods may be sold in person, by phone, online or through a store, and a third-party carrier may deliver them. Since July 1, 2025, some foods that need time or temperature control may be sold, in person only. The act sets no sales cap. Sources: Tennessee Public Chapter 862 (2022); Tennessee Public Chapter 431 (2025); Tennessee Department of Agriculture, Tennessee Food Freedom Act; Tennessee outlook.

Arkansas' Food Freedom Act sets no sales cap. It allows sales in person, by phone or online by the producer, an agent or a third-party vendor such as a retail shop, with delivery by a third-party carrier. Sales may go to another state if the seller follows federal law. The act excludes meat, poultry, seafood and foods that need time or temperature control. Sources: Arkansas Code Annotated 20-57-503 and 20-57-504 (Act 1040 of 2021); Arkansas outlook.

Oklahoma's Local Food Freedom Act has allowed a local food establishment at any location except a restaurant since Nov. 1, 2026, with gross annual sales of prepared food under $250,000. Foods that need time or temperature control are allowed after an approved food safety course, but only the producer may sell and deliver them. Shelf-stable foods may be sold through stores and delivered by parcel carriers. Sources: 2 Oklahoma Statutes 5-4.2 and 5-4.3, as amended by House Bill 3720 (2026); Oklahoma outlook.

Kansas handles home food through a license exemption in its food establishment law. A person who makes food for distribution directly to the end consumer needs no food establishment license if the food does not need time and temperature control for safety or specialized processing. The Kansas Department of Agriculture says internet sales with shipping are allowed, subject to the receiving state's rules, and it does not allow consignment sales. Its page names no sales cap. Sources: Kansas Statutes Annotated 65-689(d)(4); Kansas Department of Agriculture, Food Sales at Farmers' Markets and Similar Locations; Kansas cottage food law.

Nebraska requires home food producers to register with the state and complete a food safety course, unless they sell only shelf-stable food directly to consumers at a farmers market. Foods that need time or temperature control are allowed, except for a list that includes meat, raw eggs, Grade A milk products, sprouts and fermented foods such as kombucha. Shelf-stable food may be mailed, but refrigerated food must be delivered by the producer in person. The statute sets no sales cap or registration fee. Sources: Nebraska Revised Statutes 81-2,280; Nebraska cottage food law.

Missouri is the only state in this group whose law allows only a closed list of food types. Each of its 8 neighbors covers foods by a safety standard or allows most foods except a listed set, so items such as candy that fall outside Missouri's 3 categories can qualify in a neighboring state when they meet that state's rules. Like Missouri, Iowa, Illinois, Tennessee, Arkansas and Nebraska set no sales cap in their laws. Kentucky caps sales at $60,000 and Oklahoma at under $250,000. The Kansas guidance names no cap. Missouri's law does not mention mail or carriers, and Kentucky's statute lists pickup, delivery, online sales and in-person venues without them. The other 7 allow mail or carrier delivery in some form. Where Cottage Food Laws Are Headed covers the national trends behind these differences.

Analysis: 2 things to watch in Missouri in 2027

1. A bill to widen the law could return, but none has been filed, and the 2026 version never reached a vote. House Bill 3108, from Rep. Bruce Sassmann, R-Bland, would have replaced "cottage food production operation" with a "producer" of homemade food, meaning any food or drink made at the producer's private home. It would have let producers sell homemade food and drinks directly to informed buyers, including foods that need time or temperature control. Those foods had to be delivered by the producer when sold online. Producers, their agents and third-party vendors such as grocery stores could have sold eggs, dairy products and homemade foods that do not need time or temperature control. All sales had to stay in Missouri. It also would have allowed some meat sales, such as poultry from producers who raise and slaughter no more than 1,000 birds a year. It was introduced Jan. 28, 2026, and referred to the House Government Efficiency Committee on April 9. A hearing was scheduled for April 16, but the bill was not heard, and the session ended May 15. Whether a similar bill is filed for 2027 is unknown. Sources: House Bill 3108 (2026) bill page; House Bill 3108 actions; House Bill 3108, introduced text; House Bill 3108 bill summary; Missouri House, Rep. Bruce Sassmann; Missouri Constitution, Article III, Section 20(a).
2. A DHSS labeling rule or a guidance update could settle the questions above. The Nov. 14 search found no such rule, and the current guidance is dated August 2023. The statute has called for DHSS labeling rules since 2014, and the department's current label list exists only in its 2023 guidance. A rule or revised guidance could also say how DHSS reads the "for sale at the individual's home" wording and whether in-state orders may be mailed. Whether DHSS will write one is unknown. Sources: RSMo 196.298.4; Code of State Regulations, 19 CSR 20-1, Food Protection; DHSS guidance.

What the Nov. 14, 2026, bill search found

The 2027 session will be the first regular session of the 104th General Assembly. Under the Missouri Constitution, bills may be prefiled from Dec. 1 until the session opens on the first Wednesday after the first Monday in January, which is Jan. 6, 2027. Bills still on the calendar after 6 p.m. on the first Friday after the second Monday in May, which is May 14, 2027, are tabled. Sources: Missouri Constitution, Article III, Section 20; Missouri Constitution, Article III, Section 20(a).

On the morning of Nov. 14, 2026, the House bill list for the 2027 session said "There are no Bills listed for the requested year/session," and the Senate bill list for 2027 showed 0 Senate bills. No 2027 bill on cottage food had been filed because no 2027 bills of any kind had been filed. For 2025 and 2026, the Senate's list of statutes affected by bills showed 1 bill touching Section 196.298: House Bill 3108. A scan of House and Senate bill titles from 2023 through 2026 found no other cottage food or homemade food bill. Sources: Missouri House, Bill List (2027 Regular Session); Missouri Senate, Bill List (2027); Missouri Senate, Affected Statutes cross-reference; Missouri House, Bill List (2026 Regular Session).

Frequently asked questions

Can I sell candy or fudge from my home kitchen in Missouri?

Candy and fudge are not among the 3 food types the cottage food law covers, so they cannot be sold under it. DHSS says some freeze-dried, non-potentially hazardous foods such as candy may fall under a separate Food Code exemption, but only where local law allows it. Sources: RSMo 196.298.1(2)(a); DHSS guidance, pages 7, 13 and 14.

Can I sell cheesecake or cream pies under Missouri's cottage food law?

The law excludes baked goods that are potentially hazardous foods, and DHSS says meringue and cream pies are potentially hazardous and must be made in an inspected facility. Sources: RSMo 196.298.1(1); DHSS guidance, page 14.

Can I ship cookies from Missouri to a customer in another state?

Missouri cottage food sellers may sell online only to buyers in Missouri, and DHSS says they may not sell across state lines. Sources: RSMo 196.298.5; DHSS guidance, pages 9 and 15. Can You Ship Cottage Foods Across State Lines? compares other states.

Can I sell my baked goods through a coffee shop or grocery store?

Missouri's law allows sales only directly to consumers, and DHSS says food sold wholesale no longer falls under the cottage food law. Sources: RSMo 196.298.1(2)(b); DHSS guidance, pages 8 and 13.

Can I sell sugar-free or hot pepper jelly as cottage food?

DHSS says "No Sugar Added," "Sugar Free" and hot pepper jams and jellies cannot be sold under the cottage food law, because changes in sugar content can alter their pH or water activity. Source: DHSS guidance, page 8.

Can I sell cottage food without a permit in Missouri?

A cottage food operation needs no state or local food permit, and a local health department may not regulate its production. The label rules still apply. Sources: RSMo 196.298.2, .3 and .4; DHSS guidance, page 12.

Has anyone filed a 2027 bill to change Missouri's cottage food law?

No 2027 bill had been filed as of the morning of Nov. 14, 2026. The House and Senate bill lists for 2027 showed no bills of any kind, and prefiling opens Dec. 1, 2026. Sources: Missouri House, Bill List (2027 Regular Session); Missouri Senate, Bill List (2027); Missouri Constitution, Article III, Section 20.

Missouri law here comes from the Revisor of Statutes, House and Senate bill pages and texts, the Code of State Regulations and DHSS's guidance, all checked Nov. 14, 2026.

Related guides: Missouri cottage food law, Where Cottage Food Laws Are Headed, Kentucky outlook, Tennessee outlook, Arkansas outlook and Oklahoma outlook.

Home bakers and makers across the state are listed on the Missouri page.

This article is general information, not legal advice. Last reviewed Nov. 14, 2026.