Can You Ship Cottage Foods Across State Lines? A State-by-State Look

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A cookie order from a customer two states away sounds like an easy sale. For a cottage food maker, it raises a legal question first. Many state cottage food laws cover only sales inside the state, some do not allow mail orders at all and a small number allow shipping to other states as long as the seller follows federal law. This guide explains the general picture, then looks at what each state's law or agency says, with links to the official text for each rule.

Disclaimer: This article is general information, not legal advice. Laws change, and the state the food ships from and the state it ships to can both have rules. Check the official sources linked below or the state agency before shipping. Sources were checked on Oct. 23, 2026.

The short version

Why state lines matter

Cottage food laws are state laws. Each one exempts certain homemade foods from that state's food permit or license rules. A state exemption does not reach federal law, and some states say so in the statute itself. Georgia's law says it does not exempt a cottage food operator from any applicable federal law, including any federal law prohibiting the sale of certain food items in interstate commerce. Arkansas and West Virginia use similar language and add that their laws do not exempt sellers from another state's laws. Sources: O.C.G.A. 26-2-477; Ark. Code 20-57-507, Act 1040 of 2021; W. Va. Code 19-35-6(e)(6)-(7).

On the federal side, the FDA says it regulates all foods and food ingredients introduced into or offered for sale in interstate commerce, except meat, poultry and certain processed egg products, which the U.S. Department of Agriculture regulates. The FDA also says food manufacturers, processors and distributors are responsible for making sure products intended for distribution in interstate commerce are safe, sanitary and labeled according to federal requirements. Source: FDA: How to Start a Food Business.

One federal requirement does not usually apply. The FDA says a private residence is not a "facility" under 21 CFR 1.227, so it does not have to register with the FDA. The residence must meet customary expectations for a private home, and the rule does not cover a commercial facility where someone also happens to live. Source: FDA: How to Start a Food Business.

State agencies describe the federal side in their own words. The Georgia Department of Agriculture, or GDA, warns that interstate commerce may bring FDA oversight and says the Manufactured Food Establishment License that would then be required cannot be issued for foods made in a domestic kitchen. The South Carolina Department of Agriculture, or SCDA, says products that cross state lines are subject to FDA regulations. Sources: GDA Cottage Food FAQ; SCDA Home-based Food Production Law Guidance (July 2025).

State by state

These 16 states show the range of approaches. Each state links to its cottage food law page on this site for the full rules.

Florida: mail delivery allowed, not limited to Florida

Florida cottage food operations may sell online or by mail order and deliver in person, to a specific event venue or by the U.S. Postal Service or a commercial mail delivery service. Wholesale sales are not allowed. The statute does not limit mail delivery to Florida, and UF/IFAS Extension says products may be shipped across state lines by the Postal Service or a commercial mail delivery service. Sources: Fla. Stat. 500.80(2); UF/IFAS Extension, FS425. The receiving state's rules still apply. See the Florida cottage food law page.

Georgia: mail order allowed, agency points to in-state sales

Georgia's law lets cottage food operations sell directly to a person, including online and by mail order, and to retail food sales establishments such as grocery stores and restaurants. It does not exempt operators from federal law, including federal limits on interstate sales. GDA's FAQ says operators may sell to the end consumer within Georgia and warns that interstate commerce may bring FDA oversight. Sources: O.C.G.A. 26-2-472 and 26-2-477; GDA Cottage Food FAQ. See the Georgia cottage food law page.

Alabama: mail delivery inside Alabama only

Alabama cottage food operations may sell directly to consumers in person, by phone or online in the state and deliver to consumers in the state in person, through an agent or by mail. Shipping to other states falls outside the cottage food law. Sources: SB 160 (2021), amending Ala. Code 22-20-5.1; ADPH Cottage Food. See the Alabama cottage food law page.

South Carolina: online and mail order, delivered in South Carolina

South Carolina's law allows sales directly to a person, including online and by mail order, without naming a geographic limit. SCDA's guidance says direct sales must be delivered only in South Carolina. Its FAQ says the law applies only to intrastate sales, sellers may sell online for delivery to South Carolina addresses and products that cross state lines are subject to FDA regulations. SCDA adds that if a customer comes to South Carolina, buys the product and takes it across the state line, that is out of the seller's control and allowed. Sources: S.C. Code 44-1-143(E); SCDA Home-based Food Production Law Guidance (July 2025). See the South Carolina cottage food law page.

Mississippi: no mail order, no out-of-state sales

Mississippi law says a cottage food operation may not sell over the internet, by mail order, at wholesale or to a retail establishment, though it may advertise online, including on social media. The Mississippi State Department of Health, or MSDH, says cottage food products may be sold only in Mississippi and that cottage foods made in other states may not be sold in Mississippi. Sources: Miss. Code Ann. 75-29-951(2); MSDH Cottage Food FAQ; MSU Extension, Mississippi Cottage Food Operations: Regulations and Guidance. See the Mississippi cottage food law page.

Tennessee: carrier delivery allowed, sales inside Tennessee only

Tennessee's Food Freedom Act lets homemade foods that do not need time or temperature control for safety be sold in person or remotely, including by phone or internet, and delivered by the producer, an agent, a third-party vendor or a third-party carrier. The act does not apply to sales other than intrastate sales made within Tennessee. Sources: Tenn. Code Ann. 53-1-118(b)(1)-(2) and (c)(5), Public Chapter 862 of 2022; TDA: Tennessee Food Freedom Act. See the Tennessee cottage food law page.

North Carolina: labels required on shipped products

North Carolina home processors apply for a home processing inspection from the North Carolina Department of Agriculture and Consumer Services, or NCDA&CS. Its home processor page requires a full label on products shipped by services such as the U.S. Postal Service or FedEx. The page does not say whether shipping outside North Carolina is allowed, so ask NCDA&CS before shipping out of state. Source: NCDA&CS Home Processor. See the North Carolina cottage food law page.

Louisiana: the law is silent

Louisiana's low-risk home food law does not mention online sales, mail order or shipping. It neither allows nor bans them in its text. Ask the Louisiana Department of Health before shipping. Source: La. R.S. 40:4.9. See the Louisiana cottage food law page.

Arkansas: sales in another state allowed with federal compliance

Arkansas' Food Freedom Act says a transaction must occur in Arkansas or in another state if the seller complies with all applicable federal laws. Delivery may be made by the producer, an agent, a third-party vendor or a third-party carrier. The act does not exempt sellers from federal law, including federal limits on interstate sales, or from another state's laws. The Arkansas Department of Health advises producers to contact the FDA and state and local public health authorities before any out-of-state sale. Sources: Ark. Code 20-57-504(b)(2), (4) and 20-57-507, Act 1040 of 2021; ADH Arkansas Homemade Food Production Guide (May 21, 2026). See the Arkansas cottage food law page.

West Virginia: carrier delivery allowed, federal and other state laws still apply

West Virginia lets nonpotentially hazardous foods be sold in person or remotely and delivered by the producer, an agent, a third-party vendor or a third-party carrier. The law does not exempt sellers from federal law, including federal limits on interstate sales, or from another state's laws. Source: W. Va. Code 19-35-6(b) and (e)(6)-(7). See the West Virginia cottage food law page.

Virginia: mail delivery inside Virginia only

Virginia's home food exemption covers foods sold through the internet or by phone to an individual in Virginia and delivered in person, by mail or by delivery service to an individual in Virginia. Source: Va. Code 3.2-5130(C)(3). See the Virginia cottage food law page.

California: mail delivery allowed for sales within the state

The California Department of Public Health, or CDPH, defines direct and indirect cottage food sales as transactions within the state. Either kind of sale may be fulfilled in person, by mail delivery or by another third-party delivery service. Source: CDPH Cottage Food Operation Requirements. See the California cottage food law page.

Colorado: online sales allowed, no interstate commerce

The Colorado Department of Public Health and Environment says internet sales are allowed and that the producer and buyer may arrange delivery as long as it does not involve interstate commerce. Source: CDPHE Cottage Foods Act. See the Colorado cottage food law page.

New York: internet sales within New York only

The New York State Department of Agriculture and Markets says home processors may sell via home delivery or the internet, but all items must be sold within New York state. Its FAQ says shipping products out of state is not permitted and interstate sales are not allowed. Source: NYSDAM Home Processing. See the New York cottage food law page.

Wyoming: only in Wyoming

Wyoming's Food Freedom Act requires transactions to occur only in Wyoming and not involve interstate commerce. Source: W.S. 11-49-103(c)(iii)-(iv). The post on Wyoming's Food Freedom Act and the Wyoming cottage food law page have more detail.

Washington: no internet or mail-order sales

Washington's cottage food law says products may only be sold directly to the consumer and may not be sold by internet, mail order or for retail sale outside the state. Source: RCW 69.22.020(4). See the Washington cottage food law page.

Before shipping an order

  1. Read the home state's rule on mail order and out-of-state sales, using the state law page and the official source it links.
  2. Check the buyer's state. A state that bans out-of-state cottage foods, as Mississippi does, can block the sale even when the home state allows it.
  3. Remember the federal side. Food in interstate commerce falls under FDA rules, including federal labeling requirements.
  4. Put the full label on the package. North Carolina, for example, requires one on shipped products.
  5. Ask the agency when the law is silent or unclear, as in Louisiana and North Carolina.

Rules change, and agencies update their guidance. Confirm the current rule with the state agency before shipping, even if this guide or a state law page says the shipment is allowed.

Frequently asked questions

Can I ship cottage food from Florida to another state?

Florida's law allows delivery by the U.S. Postal Service or a commercial mail delivery service and does not limit it to Florida. UF/IFAS Extension says products may be shipped across state lines. Federal law and the receiving state's rules still apply. Sources: Fla. Stat. 500.80(2); UF/IFAS Extension, FS425; FDA: How to Start a Food Business.

Can I mail cottage food to a customer in my own state?

It depends on the state. Alabama, Virginia and California allow delivery by mail to buyers inside the state, and Tennessee allows delivery by a third-party carrier. Mississippi and Washington do not allow mail-order sales. Sources: SB 160 (2021), amending Ala. Code 22-20-5.1; Va. Code 3.2-5130(C)(3); CDPH Cottage Food Operation Requirements; Tenn. Code Ann. 53-1-118(b)(2); MSDH Cottage Food FAQ; RCW 69.22.020(4).

Can an out-of-state visitor buy my cottage food and take it home?

South Carolina allows it. SCDA says that when a customer comes to South Carolina, buys the product and takes it across the state line, that is out of the seller's control and allowed. Source: SCDA Home-based Food Production Law Guidance (July 2025). Other states' agencies may answer differently, so ask the agency.

Do I need to register my home kitchen with the FDA to ship out of state?

The FDA says a private residence is not a "facility" under 21 CFR 1.227 and does not have to register. That does not remove other federal requirements, such as safe and sanitary production and federal labeling rules for food in interstate commerce. Source: FDA: How to Start a Food Business.

Can I sell my cottage food to buyers in Mississippi?

MSDH says cottage foods made in other states may not be sold in Mississippi. Source: MSDH Cottage Food FAQ.

Official sources

For a side-by-side look at four Southeast states, see how cottage food laws compare in Florida, Georgia, Alabama and South Carolina. Find home bakers and makers in covered states on the all states page.

This article is general information, not legal advice. Last reviewed Oct. 23, 2026.