Kansas Cottage Food Laws
Last reviewed Oct. 13, 2026
Kansas has no separate cottage food law. Instead, the Kansas Department of Agriculture, or KDA, allows direct-to-consumer sales of foods that do not need temperature control for safety or specialized processing without a food establishment license. That includes farmers markets, craft fairs and internet sales with shipping, subject to the receiving state's rules. No state registration, fee or sales cap was found. This guide covers what you can sell, how you can sell, labeling and when you need a license.
Disclaimer: This page is general information, not legal advice. Laws change, and local zoning, HOA and tax rules vary. Confirm current requirements with the Kansas Department of Agriculture Food Safety and Lodging program, or with an attorney, before you start selling.
Quick facts
- State law exempts people who make food for distribution directly to the end consumer from the food establishment license if the food does not need time and temperature control for safety or specialized processing, as determined by the secretary of agriculture. K.S.A. 65-689(d)(4)
- Foods that do not need temperature control for safety or specialized processing may be sold directly to consumers without a food establishment license. KDA Food Sales at Farmers' Markets page
- KDA says internet sales, including shipping, are allowed under the exemption, subject to the receiving states' requirements. The statute itself does not mention online sales. KDA Food Sales at Farmers' Markets page
- No state registration, fee or sales cap was found in KDA guidance. KDA Food Sales at Farmers' Markets page
- Consignment sales are not allowed without a food processing license. KDA Food Sales at Farmers' Markets page
- Home-canned products other than traditional jams and jellies need a license. KDA Food Sales at Farmers' Markets page
What the law calls it
- KDA calls these "exempt foods" sold "direct-to-consumer." "Cottage food" is not an official Kansas term. KDA Food Sales at Farmers' Markets page; K-State Research and Extension MF3138
Foods you can sell
- Baked goods such as cookies, breads, cakes, cinnamon rolls and fruit pies; fresh fruits and vegetables; nuts; honey; and traditional jams and jellies. KDA Food Sales at Farmers' Markets page
Foods you cannot sell without a license
- Foods that need temperature control or specialized processing, such as cream or meringue pies, cheesecake, custards, cream-filled cupcakes or donuts, jerky, cut melons, canned vegetables, pickles, sprouts, cut lettuce and cut tomatoes. KDA Food Sales at Farmers' Markets page
Sales limit
- No sales cap was found in KDA guidance. KDA Food Sales at Farmers' Markets page
Where and how you can sell
- Directly to consumers at farmers markets and similar locations such as craft fairs, bazaars and fairs. KDA Food Sales at Farmers' Markets page
- Online and shipping: allowed, subject to the receiving state's requirements. KDA Food Sales at Farmers' Markets page
- Wholesale and consignment: the seller may not give up physical control of the product except to the end consumer. Consignment, sales left with another person and sales to businesses need a KDA food processing license. KDA Food Sales at Farmers' Markets page; K-State Research and Extension MF3138
Labeling rules
- Packaged products should be labeled with the common name of the product and the name and address of the producer. This is KDA guidance. The statute sets no label rule. KDA Food Sales at Farmers' Markets page
Kitchen rules
- Exempt foods may be made in a home kitchen if it provides a clean and sanitary environment. K-State Research and Extension MF3138
- All foods on sale or display must be protected from contamination. KDA Food Sales at Farmers' Markets page
Zoning, HOAs and local rules
- KDA guidance covers state food licensing only. Check city or county zoning and business rules. KDA Food Sales at Farmers' Markets page
- Check your HOA documents, since KDA does not review private covenants.
Inspections
- KDA regulates retail food sales, but exempt direct sales need no food establishment license. KDA Food Sales at Farmers' Markets page
When you need a license instead
- Non-exempt foods need a food establishment license. Wholesale, consignment and sales to other businesses need a food processing license. KDA Food Sales at Farmers' Markets page; K-State Research and Extension MF3138
Timeline
- 2024: K-State Research and Extension revised its MF3138 guide on Kansas direct-to-consumer food sales. K-State Research and Extension MF3138
- Oct. 13, 2026: this page was last reviewed against KDA guidance.
Frequently asked questions
Do I need a license to sell baked goods from home in Kansas?
No, if they don't need temperature control and you sell directly to consumers. Source: KDA Food Sales at Farmers' Markets page.
Is there a cottage food sales cap in Kansas?
No sales cap was found in KDA guidance. Source: KDA Food Sales at Farmers' Markets page.
Can I sell homemade food online in Kansas?
Yes. Internet sales are allowed under the exemption. Source: KDA Food Sales at Farmers' Markets page.
Can I ship homemade food from Kansas?
Yes, subject to the receiving state's requirements. Source: KDA Food Sales at Farmers' Markets page.
Can I sell to coffee shops or on consignment?
No, not without a KDA food processing license. Source: KDA Food Sales at Farmers' Markets page.
Can I sell pickles or canned salsa?
No. Home-canned products other than traditional jams and jellies need a license. Source: KDA Food Sales at Farmers' Markets page.
Can I sell cheesecake or cream pies?
No. They need temperature control and a license. Source: KDA Food Sales at Farmers' Markets page.
What should my Kansas label say?
The product's common name and your name and address. Source: KDA Food Sales at Farmers' Markets page.
Do I need to register with KDA?
No state registration was found in KDA guidance for exempt foods. Source: KDA Food Sales at Farmers' Markets page.
Official sources
- K.S.A. 65-689 (Kansas Revisor of Statutes)
- KDA: Food Sales at Farmers' Markets & Similar Locations
- K-State Research and Extension MF3138
This page is general information, not legal advice. Laws change, and local zoning, HOA and tax rules vary. Confirm current requirements with the Kansas Department of Agriculture Food Safety and Lodging program, or with an attorney, before you start selling.
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