Wyoming lets people make food at home and sell it directly to an "informed end consumer" with no state license, permit or inspection. The Wyoming Food Freedom Act became law in 2015, and the Legislature has amended it several times since. Most state cottage food laws allow only a short list of shelf-stable foods. The Wyoming law starts from the other direction: it allows homemade food and drink in general, then sets out the exceptions. This guide explains what the act allows, what it requires and how it compares with cottage food laws elsewhere, with links to the official text for each rule.
Disclaimer: This article is general information, not legal advice. Laws change, and local business licenses, zoning, HOA covenants and tax rules vary. Check the official sources linked below, the Wyoming Department of Agriculture or an attorney before you sell. Statute text was checked on Oct. 21, 2026, against the Wyoming Statutes posted by the Legislature, which reflect the law as of July 1, 2026.
The short version
- Homemade food sold under the act is exempt from state licensing, permitting, inspection, packaging and labeling requirements. Source: W.S. 11-49-103(b).
- The buyer must be the last purchaser, must not resell the food and must be told the food is not licensed, regulated or inspected. Source: W.S. 11-49-102(a)(v).
- Sales must happen only in Wyoming and may not involve interstate commerce. Source: W.S. 11-49-103(c)(iii) and (iv).
- A producer may make no more than 250,000 individual food or drink products and earn no more than $250,000 in gross revenue from them each year. Source: W.S. 11-49-102(a)(vi).
- Most meat may not be sold, with listed exceptions such as small-flock poultry, rabbit meat and animal shares. Source: W.S. 11-49-103(c)(v).
The full rules are in the Wyoming cottage food law guide.
How the law developed
The Legislature's bill pages show these key changes:
- 2015: HB 56 created the Wyoming Food Freedom Act (Enrolled Act No. 77, Chapter 121). Source: 2015 HB0056.
- 2017: HB 129 amended the definitions, spelled out the exemption from licensing, permitting, inspection, packaging and labeling, listed which meat products and animals may be sold and named the places where sales may occur. Source: 2017 HB0129.
- 2020: HB 84 defined "potentially hazardous" and "non-potentially hazardous" food and let people other than the producer sell non-potentially hazardous food. It also added the 250,000-product and $250,000 limits to the definition of producer and repealed the home-consumption-only rule. Source: 2020 HB0084.
- 2021: HB 118 allowed third-party sales of eggs and let producers sell to the maximum extent federal law allows. Source: 2021 HB0118.
- 2023: SF 102 added dairy products, created the "designated agent" and barred the state from setting inspection standards stricter than U.S. Department of Agriculture standards for food sold under the act. Source: 2023 SF0102.
- 2025: SF 120, the Wyoming PRIME Act, added conditional rules for selling uninspected meat from cattle, sheep, swine or goats. Those rules take effect only if federal law changes, as explained below. Source: 2025 SF0120.
Who counts as an informed end consumer
The act applies only to sales to an informed end consumer. The law defines that person as someone who is the last person to buy the product, does not resell it and has been told it is not licensed, regulated or inspected. Source: W.S. 11-49-102(a)(v).
The producer must tell the buyer that food sold at a farmers market or through ranch, farm or home-based sales is not certified, labeled, licensed, packaged, regulated or inspected. A third-party seller of non-potentially hazardous food, eggs or dairy must give the same notice. Source: W.S. 11-49-103(e).
What can be sold
The act covers homemade food and drink products. The law sorts them into two groups, and the group decides who may sell the food.
- Non-potentially hazardous food does not need time or temperature control for safety. The law's examples include jams, uncut fruits and vegetables, pickled vegetables, hard candies, fudge, nut mixes, granola, dry soup mixes without meat, coffee beans, popcorn and baked goods without dairy, meat or other potentially hazardous frosting or filling. Source: W.S. 11-49-102(a)(x).
- Potentially hazardous food needs time or temperature control for safety. The law's examples include foods that need refrigeration, dairy products, quiches, pizzas, frozen doughs, meat and cooked vegetables and beans. Source: W.S. 11-49-102(a)(xi).
Eggs, dairy products and non-potentially hazardous food may be sold by the producer, a designated agent or a third-party vendor such as a retail shop or grocery store. Other potentially hazardous food may be sold only by the producer or a designated agent. Source: W.S. 11-49-103(c)(i).
A designated agent may be a person, a consignment model market or a food freedom store. The producer must name the agent in writing, and the agent may not take ownership of the food. Source: W.S. 11-49-102(a)(xii).
What can't be sold
- Most meat: Sales may not involve meat products, except for the exceptions listed in the law. Source: W.S. 11-49-103(c)(v).
- Food for restaurants and other commercial food establishments: Homemade or uninspected food may not be served or used as an ingredient in a commercial food establishment. Raw, unprocessed fruits and vegetables are the exception. Source: W.S. 11-49-103(d).
Meat and poultry limits
The meat exceptions are narrow and specific. The law allows:
- Poultry and poultry products if the producer slaughters no more than 1,000 birds of the producer's own raising in a calendar year, sells only poultry products from those birds and the product is not adulterated or misbranded.
- Live animals and portions of live animals sold before slaughter for future delivery.
- Domestic rabbit meat.
- Farm-raised fish raised under Title 23 of the Wyoming Statutes, except catfish.
- Meat from an animal share.
Source: W.S. 11-49-103(c)(v).
An animal share is a written contract under which the buyer owns part of an animal or herd that a farmer or rancher boards and processes. The meat must come from that animal or herd, ownership must be set before slaughter, the buyer must get a written warning that the meat has not been inspected and the farmer or rancher must describe the herd health and processing standards used. The buyer may not sell, donate or commercially redistribute the meat. Sources: W.S. 11-49-102(a)(ix); W.S. 11-49-104.
The 2025 PRIME Act added rules for producers to sell meat from their own cattle, sheep, swine or goats slaughtered on their premises or at a custom slaughter facility. Those rules take effect only after the governor, on the advice of the attorney general, certifies to the secretary of state that federal law allows such sales. Federal law would have to change by an act of Congress or a final federal court decision. Sources: W.S. 11-49-103(n) and (o); 2025 SF0120.
Where sales can happen
Sales may occur at farmers markets, farms, ranches, the producer's home or office or any location the producer and buyer agree to. They may also occur at the retail location of a third-party seller of non-potentially hazardous food, eggs and dairy. Source: W.S. 11-49-103(c)(vi).
Stores that sell non-potentially hazardous food and dairy under the act must keep it off the shelves and displays used for food from licensed establishments. The food must carry the label "this food was made in a home kitchen, is not regulated or inspected and may contain allergens." Source: W.S. 11-49-103(k).
A retail space selling homemade food must tell buyers it has not been inspected and must post a sign saying so. Source: W.S. 11-49-103(d).
What the act does not change
- The Wyoming Department of Health may still investigate foodborne illness. Source: W.S. 11-49-103(g).
- Brand inspection and animal health inspection rules still apply. Source: W.S. 11-49-103(h).
- A producer may ask a state agency for help, advice or an inspection. Source: W.S. 11-49-103(j).
The Wyoming Department of Agriculture's Consumer Health Services division says the act "has its limits on what you're allowed to sell" and recommends contacting the division to talk through a specific product. Source: Wyoming Department of Agriculture: Can I sell this?.
How Wyoming differs from a typical cottage food law
- Food list: Cottage food laws usually name the shelf-stable foods a home kitchen may make. Florida's list, for example, includes breads, cakes, cookies, candies, honey, jams and similar foods. Wyoming's act covers homemade food and drink in general, including potentially hazardous food sold by the producer or a designated agent. Sources: Florida Department of Agriculture and Consumer Services (FDACS): Cottage Foods; W.S. 11-49-103(c)(i).
- Labels: Cottage food laws usually require a label with set statements. Wyoming requires no state label for direct sales but requires a notice to the buyer and a set label for store sales. Sources: W.S. 11-49-103(b), (e) and (k).
- Shipping: Some cottage food laws allow mail delivery. Florida's allows delivery by U.S. Mail or a commercial carrier. Wyoming sales must stay inside Wyoming. Sources: Fla. Stat. 500.80(2); W.S. 11-49-103(c)(iii) and (iv).
- Buyer's role: A cottage food law protects buyers mainly through approved foods and labels. Wyoming's act relies on the buyer being informed that the food is not licensed, regulated or inspected. Source: W.S. 11-49-102(a)(v).
California comparison: home kitchen meals with a permit
California takes a different path for home-cooked meals. AB 626, Chapter 470 of the Statutes of 2018, created the microenterprise home kitchen operation, or MEHKO, a type of retail food facility run from a private home. The law took effect Jan. 1, 2019. Source: California Department of Public Health (CDPH): MEHKO.
- Local opt-in: A city or county has "full discretion" to allow MEHKOs, and no permit can be issued until it does. Source: CDPH: MEHKO.
- Permit and inspection: An operator applies to the local environmental health agency, gets an inspection of the home kitchen and completes an approved food manager certification. Source: CDPH: General Permit Requirements for MEHKOs.
- Limits: Alameda County, citing AB 626 and AB 377, says MEHKOs may make up to 30 meals a day or 90 a week, with gross annual sales of no more than $100,000. Source: Alameda County Environmental Health: MEHKO FAQ.
CDPH's permit page still lists older limits of 60 meals a week and $50,000 a year, so confirm the current limits with your county environmental health agency. Source: CDPH: General Permit Requirements for MEHKOs.
A MEHKO is separate from a California cottage food operation, which covers approved shelf-stable foods. Sources: CDPH: General Permit Requirements for MEHKOs; California cottage food law guide.
Florida: where things stand
A search of the Florida Senate's bill lists on Oct. 21, 2026, found no food freedom or homemade food bill filed for the 2027 session and no bill with such a title in the 2026 session. The most recent related bills found were HB 707 and SB 1158, both titled "Home Kitchen Operations," which died in committee in March 2022. Lawmakers have filed home kitchen bills before, and new bills can still be filed for the 2027 session. Sources: Florida Senate: 2027 bills; Florida Senate: 2022 HB 707; Florida Senate: 2022 SB 1158.
Florida's cottage food law still applies. It allows approved low-risk foods made in a home kitchen with no state food permit while annual gross sales stay at or below $250,000. Sources: Fla. Stat. 500.80; FDACS: Cottage Foods; Florida cottage food law guide.
Frequently asked questions
Can I sell homemade food in Wyoming without a license?
Yes, if the sale follows the Food Freedom Act and goes to an informed end consumer in Wyoming. Source: W.S. 11-49-103(b).
Can I sell homemade food from Wyoming to buyers in other states?
No. Sales under the act must occur only in Wyoming and may not involve interstate commerce. Source: W.S. 11-49-103(c)(iii) and (iv).
Can I sell homemade cheesecake through a Wyoming store?
No. A potentially hazardous food other than eggs and dairy products may be sold only by the producer or a designated agent, not by a third-party store. Source: W.S. 11-49-103(c)(i).
Can I sell homemade beef jerky in Wyoming?
Generally no. Meat products are excluded except for the listed exceptions, and the 2025 rules for meat from cattle, sheep, swine or goats take effect only after the governor certifies a change in federal law. Sources: W.S. 11-49-103(c)(v), (n) and (o).
Can I sell homemade meals from my California home?
Only in a city or county that has opted in, and only with a MEHKO permit and inspection from the local environmental health agency. Sources: CDPH: MEHKO; CDPH: General Permit Requirements for MEHKOs.
Does Florida have a food freedom law?
No. Florida's cottage food law, Fla. Stat. 500.80, sets the rules for selling food made in a home kitchen. Home kitchen bills were filed in 2022, but both died in committee. Sources: Fla. Stat. 500.80; Florida Senate: 2022 HB 707; Florida Senate: 2022 SB 1158.
Official sources
- Wyoming Statutes Title 11, including W.S. 11-49-101 to 11-49-104
- Wyoming Legislature: 2015 HB0056, 2017 HB0129, 2020 HB0084, 2021 HB0118, 2023 SF0102 and 2025 SF0120
- Wyoming Department of Agriculture: Can I sell this?
- CDPH: Microenterprise Home Kitchen Operations
- Alameda County Environmental Health: MEHKO FAQ
- Fla. Stat. 500.80 and FDACS: Cottage Foods
Find home bakers and makers in covered states on the all states page.
This article is general information, not legal advice. Last reviewed Oct. 21, 2026.