Cottage Food Law Changes: A Checklist for Home Bakers

Oklahoma's home food law changes on Nov. 1, 2026. HB 3720 renames the Homemade Food Freedom Act the Local Food Freedom Act, raises the sales cap from $75,000 to $250,000, changes the statement every label must carry and adds a condition about local zoning and building codes. Other states have moved too. Maryland raised its cap on Oct. 1, 2026, and Colorado's new registration and label rules start Jan. 1, 2027. A change like this can touch a home baker's labels, records, sales channels and paperwork at the same time. This checklist walks through what to check when a state changes its rules, using recent changes as examples, and links to the official source for each rule.

Disclaimer: This article is general information, not legal advice. Sources were checked on Oct. 29, 2026. Rules change, and the state or local agency has the final word.

What changes in Oklahoma on Nov. 1, 2026

The governor approved HB 3720 on May 5, 2026, and it takes effect Nov. 1, 2026. Sources: HB 3720 bill history; HB 3720 (2026), enrolled, Section 7.

The name. The Homemade Food Freedom Act becomes the Local Food Freedom Act. A "homemade food product" becomes a "local food product," and a "home food establishment" becomes a "local food establishment." Source: 2 O.S. 5-4.1, 5-4.2, as amended by HB 3720.
Where the food is made. A local food establishment is a business at any location, including a residence, but not a restaurant. Source: 2 O.S. 5-4.2(1), as amended by HB 3720.
The sales cap. Gross annual sales of prepared food must be less than $250,000, up from $75,000. The total includes all sales of prepared food the business makes at any location. Source: 2 O.S. 5-4.2(1), as amended by HB 3720.
The label statement. The required statement becomes "This product was produced in a facility that is exempt from government licensing and inspection." Source: 2 O.S. 5-4.3(A)(1)(b), (A)(6)(f), as amended by HB 3720.
Training. Before foods that need time or temperature control for safety, called TCS foods, are made and sold, any person producing the food must complete approved food safety training. The old text put that duty on the producer alone. Source: 2 O.S. 5-4.3(A)(5), as amended by HB 3720.
Zoning. A new condition says the producer complies with all local zoning and building code laws. Source: 2 O.S. 5-4.3(A)(9), added by HB 3720.

Some rules stay the same. TCS foods must still be sold by the producer directly to the consumer and delivered by the producer. Meat, poultry and seafood are still excluded. A producer may still pay the Oklahoma Department of Agriculture, Food and Forestry, or ODAFF, $15 a year for a registration number to use on labels in place of a name, phone number and address. Source: 2 O.S. 5-4.3(A)(3)-(4), (A)(8), (C), as amended by HB 3720. The Oklahoma cottage food law page has the full rules.

The checklist

1. Read the official text

A news story or a bill summary is a starting point, but the rule itself is in the enacted bill and the state code. Start with the bill page on the legislature's website. The Oklahoma Legislature's HB 3720 page lists each vote and the governor's approval on May 5, 2026, and links to the enrolled text, the final version passed by both chambers. In that text, the old wording is struck through and the new wording is underlined. Source: HB 3720 bill history.

After the law, read the state agency's page for the program. Each state law page on this site lists its official sources and the date it was last reviewed. Find a state on the all states page.

2. Check the effective date

A law can be signed months before it takes effect, and the old rules apply until then. Oklahoma's HB 3720 was approved May 5, 2026, and takes effect Nov. 1, 2026, so the $75,000 cap and the "private residence" label statement apply through Oct. 31. Sources: HB 3720 bill history; HB 3720 (2026), enrolled, Section 7.

Parts of one bill can start on different dates. Colorado's HB 26-1033, approved June 4, 2026, took effect on passage, except that its changes to the Cottage Foods Act section, C.R.S. 25-4-1614, take effect Jan. 1, 2027. Source: HB 26-1033 session law, Chapter 375, Section 8.

Some changes wait on an event instead of a date. An amendment to the Wyoming Food Freedom Act would allow sales of uninspected meat from a producer's own cattle, sheep, swine or goats. That part takes effect only after the governor, on the advice of the attorney general, certifies to the secretary of state that federal law allows those sales. Source: W.S. 11-49-103(n), (o). The Wyoming Food Freedom Act post explains the rest of that law.

3. Compare agency guidance with the new law

Agency pages and guides do not always change on the same day as the law. Maryland's Chapter 320 of 2026 raised the cottage food revenue cap from $50,000 to $100,000 on Oct. 1, 2026. The Maryland Department of Health's Cottage Food Guidelines, last updated in November 2025, still say $50,000. Sources: Chapter 320 of 2026 (HB 535); MDH Cottage Food Guidelines.

An agency page can also get ahead of the law. ODAFF's food safety page already describes the Local Food Freedom Act and a $250,000 yearly limit without saying the change starts Nov. 1, 2026. Sources: ODAFF Food Safety; HB 3720 (2026), enrolled, Section 7.

When the law and the guidance disagree, or the guidance does not answer the question, ask the agency in writing and keep the reply. West Virginia's agriculture department, WVDA, lists pepperoni rolls among the foods that may be sold as cottage foods without a potentially hazardous cottage food vendor permit, and its farmers market guide limits them to pepperoni and cheese only. Sources: WVDA Cottage Food Guide; WVDA Farmers Market Vendor Guide, page 5. WVDA's Cottage Foods program answered questions from Cottage Food Directory by email on Oct. 27, 2026, about pepperoni rolls and about liquor added to frostings and fillings. The West Virginia cottage food law page quotes that reply, and the pepperoni roll post covers the roll's history.

4. Recheck labels and online listings

A label printed before a change may not match the new law. In Colorado, starting Jan. 1, 2027, each label must also show the producer's department-issued registration number and a website address from the Colorado Department of Public Health and Environment, or CDPHE, where consumers can report foodborne illness and check a producer's registration. Source: HB 26-1033 session law, Chapter 375, C.R.S. 25-4-1614(3)(a).

Label rules can reach a website too. Oklahoma requires the label information on the webpage where a product is offered for sale online, and each item shipped must be labeled or have a label in the shipping container. So a label change in Oklahoma means updating the shop page as well as the printed labels. Source: 2 O.S. 5-4.3(B)(4), as amended by HB 3720. For templates and official label guides, see Cottage Food Label Templates and Tools.

5. Recalculate against the sales cap

When a cap changes, compare the new figure with the business's own sales records. Recent increases:

Oklahoma: Starting Nov. 1, 2026, gross annual sales of prepared food, counting all locations, must be less than $250,000. Source: 2 O.S. 5-4.2(1), as amended by HB 3720.
Maryland: Since Oct. 1, 2026, annual revenue from cottage food sales may not exceed $100,000. Source: Chapter 320 of 2026 (HB 535).
Texas: Since SB 541 took effect Sept. 1, 2025, the cap has been $150,000 in annual gross income, adjusted each year for inflation. It was $50,000 before. Source: SB 541 (2025), enrolled.

6. Confirm where and how you can sell

A change can take a sales channel away as well as add one. Texas's SB 541 raised the cap, and it also removed mail order from the law. Internet sales in Texas now require the operator, an employee or a household member to deliver the food in person. Source: SB 541 (2025), enrolled.

Check the list of allowed places to sell as well as the statute. The Ohio Department of Agriculture, or ODA, lists where cottage food may be sold: directly to the consumer from the home where it is made, grocery stores, registered farm markets, farmers markets, restaurants and festivals organized by a political subdivision that last no more than seven consecutive days. Online sales are not on that list. Ohio's rules also bar sales outside Ohio. Sources: ODA Cottage Foods; Ohio Adm. Code 901:3-20-05(F).

For more on channels, see Selling Cottage Food Online, Can You Ship Cottage Foods Across State Lines? and Selling at Farmers Markets.

7. Check permits, registration and training

Find out whether the change adds a registration, a permit or a course, and when it is due.

Oklahoma: The $15 ODAFF registration number is optional. Starting Nov. 1, 2026, everyone who produces TCS foods must complete approved training. ODAFF lists approved trainings, including ServSafe Food Handler, on its food safety page. Sources: 2 O.S. 5-4.3(A), (A)(5), (C), as amended by HB 3720; ODAFF Food Safety.
Colorado: Starting Jan. 1, 2027, a producer must register with CDPHE every year before selling and list the types of food the producer plans to sell. CDPHE issues each producer a registration number and must post a registry of producers on its website. Source: HB 26-1033 session law, Chapter 375, C.R.S. 25-4-1614(8).

8. Check local zoning and HOA rules

State laws treat local rules differently, and a change can shift that balance. Starting Nov. 1, 2026, Oklahoma's law makes compliance with local zoning and building codes a condition of the exemption. Counties may still pass ordinances on local food establishments, as long as they do not conflict with the act or restrict compliant sales. Sources: 2 O.S. 5-4.3(A)(9), 5-4.6, as amended by HB 3720.

West Virginia goes the other way for shelf-stable foods. Its law bars counties, cities and other local governments from prohibiting or regulating their production and sale, with exceptions for space rentals and product placement agreements at government-owned facilities, government-run or government-sanctioned events, and temporary events of 14 days or less. Source: W. Va. Code 19-35-6(f). Florida also bars local laws that prohibit a cottage food operation, but the operation must still meet the state's conditions for home-based businesses in Fla. Stat. 559.955. Source: Fla. Stat. 500.80(6).

Neither Oklahoma's nor West Virginia's law addresses homeowners association covenants, so read the HOA documents too.

9. Update your directory listing

When a change adds or drops a way to sell, buyers should see the current options. Owners who have claimed a listing on Cottage Food Directory can sign in and edit what they sell, how people can buy from them and a short description. An unclaimed listing has an "Is this your business? Claim it free" link on its page, and a maker who is not listed yet can add a business on the List Your Business page. Listings show a city, never a home address.

Frequently asked questions

Can I use Oklahoma's $250,000 cap before Nov. 1, 2026?

No. HB 3720 takes effect Nov. 1, 2026. Until then, gross annual sales of prepared food must stay under $75,000. Sources: HB 3720 (2026), enrolled, Section 7; 2 O.S. 5-4.2(1) (HB 1032, 2021).

Can I sell pepperoni rolls from my home kitchen in West Virginia without a permit?

Yes, if they contain only pepperoni and cheese. WVDA lists pepperoni rolls among the foods that may be sold as cottage foods without a potentially hazardous cottage food vendor permit, and its farmers market guide says pepperoni and cheese only. Sources: WVDA Cottage Food Guide; WVDA Farmers Market Vendor Guide, page 5.

Can I sell cottage food online in Ohio?

Online sales are not on ODA's list of places cottage food may be sold, and Ohio's rules bar sales outside the state. Ask ODA at [email protected] or 614-728-6250 before taking orders online. Sources: ODA Cottage Foods; Ohio Adm. Code 901:3-20-05(F).

Official sources

For a roundup of this year's changes in Maryland, Virginia, West Virginia, Oklahoma and Colorado, see Cottage Food Law Changes in 2026. Find home bakers and makers in covered states on the all states page.

This article is general information, not legal advice. Last reviewed Oct. 29, 2026.

When Your State Changes the Rules: A Checklist for Home Bakers