Kentucky Cottage Food Law 2026: Home-Based Processor Rules

Kentucky lets residents make certain shelf-stable foods at home and sell them directly to consumers in the state as registered home-based processors. Registration costs $50 a year, and gross sales are capped at $60,000. A separate home-based microprocessor program covers farmers who make canned and acidified foods. This guide covers what you can sell, where you can sell, labeling and when you need a permit instead.

Disclaimer: This page is general information, not legal advice. Laws change, and local zoning, HOA covenants and tax obligations vary. Confirm current requirements with the Kentucky Food Safety Branch at 502-564-7181 or [email protected], or with an attorney, before you start selling.

Quick facts

Home-based processors must register each year with the Cabinet for Health and Family Services, or CHFS, Food Safety Branch using form DFS-250 and pay a $50 fee. Registrations run April 1 to March 31. KRS 217.136(11); 902 KAR 45:090 Section 3(7)-(8); DFS-250 form and instructions
Gross income from home-based sales may not exceed $60,000 a year. KRS 217.015(56)
Products may be sold only directly to consumers in Kentucky, including from the home by pickup or delivery, at markets, roadside stands and community events, or online. KRS 217.136(5)
Home-based processors must be Kentucky residents. 902 KAR 45:090 Section 3(2)
Acid foods, acidified foods and low-acid canned foods are not allowed for home-based processors. KRS 217.136(2)
CHFS inspects a home-based processor on complaint. 902 KAR 45:090 Section 3(9)

What the law calls it

Kentucky law uses the terms "home-based processor" and "home-based microprocessor." People also search for "cottage food," "home bakery" and "homemade food." These are everyday names, not legal categories in Kentucky. KRS 217.015(56)-(57)
A home-based processor makes non-potentially hazardous foods, or pork lard or tallow-based cosmetic products, in the home and earns no more than $60,000 a year from them. KRS 217.015(56)
A home-based microprocessor is a farmer who makes foods such as acidified foods and low-acid canned foods, in a home or certified kitchen, with the same $60,000 limit. It requires University of Kentucky training and recipe approval. KRS 217.015(57); CHFS Microprocessing

Foods you can sell

Dried herbs, spices, nuts, candy, dried grains, whole fruits and vegetables, mixed greens, jams, jellies, sweet sorghum syrup, preserves, fruit butter, bread, fruit pies, cakes and cookies. KRS 217.015(56)
Also dried or freeze-dried whole fruits or vegetables; candy made without added alcohol and with no bare-hand contact; maple syrup; pecan pies; granola; trail or snack mix; and popcorn, plain or seasoned. 902 KAR 45:090 Section 2(1)
Jams and jellies must be made from high-acid fruit. Low-acid, vegetable or herb jams and jellies are not allowed in the home-based processor program. DFS-250 instructions

Foods you cannot sell

Cream-filled pies, custard, custard pies, meringue-topped pies, cheesecake, cream, custard or meringue pastries, raw seed sprouts, garlic-in-oil products and pureed baby foods. 902 KAR 45:090 Section 2(3)
Acid foods, acidified foods, formulated acid foods and low-acid canned foods, such as pickles and salsa, unless made under the microprocessor program. KRS 217.136(2)
Any food not on the regulation's list. CHFS rejects applications listing other foods. DFS-250 instructions
Vacuum packaging in anything other than a mason-type jar is prohibited. 902 KAR 45:090 Section 2(4)

Sales limit

$60,000 in gross income a year from the sale of home-based products. KRS 217.015(56)

Where and how you can sell

Directly to consumers in Kentucky: from the home by pickup or delivery, at a market, roadside stand or community event, or online. KRS 217.136(5)
Orders and payments may be taken in person, electronically, online or by phone. Food must be handed to the consumer by pickup or delivery, or at flea markets, farmers markets, festivals, county fairs, craft fairs, nonprofit charity events or a roadside stand. 902 KAR 45:090 Section 3(3)-(4)
Shipping: the law limits sales to consumers within Kentucky, and the regulation lists pickup and delivery as the ways to provide food. Neither mentions mail or carrier shipping. KRS 217.136(5); 902 KAR 45:090 Section 3(4)
Shipping out of state: not allowed. Sales are limited to consumers within Kentucky. KRS 217.136(5)
Home-based products may be used in preparing and serving food. KRS 217.136(5)

Labeling rules

Each label must show: the name and address of the home-based processing operation; the common or usual name of the product; the ingredients in descending order of predominance by weight; the net weight and volume or count; the statement "This product is home-produced and processed" in 10-point type; and the date the product was processed. KRS 217.136(3)
Labels must also include allergen information under federal law, 21 U.S.C. 343(w). 902 KAR 45:090 Section 3(5)
Products that are not labeled this way are considered misbranded. KRS 217.136(4)

Kitchen and safety rules

Processors must wash hands regularly, keep equipment clean, sanitize food contact surfaces before each use, keep children under 12 and pets out of the kitchen during processing, stop household activities in the kitchen and not work while sick. 902 KAR 45:090 Section 3(1)
Production must take place at a primary residence. DFS-250 instructions
Glass jars for jams, jellies, preserves and fruit butter need rigid metal lids. KRS 217.136(1)(c)

Zoning, HOAs and local rules

Kentucky's home-based processor law does not address local zoning, HOA covenants or leases. Check with your city or county and review your HOA rules or lease before starting.

Inspections and complaints

CHFS may inspect a home-based processor's facilities once a year and inspects when it receives a complaint. Products are subject to sampling if misbranded or adulterated or after a complaint. KRS 217.136(7)-(8); 902 KAR 45:090 Section 3(9)
If CHFS believes an imminent health hazard exists, it may stop production until the problem is fixed. KRS 217.136(9)

When you need a permit instead

Foods outside the approved list, sales over $60,000, sales to stores for resale and sales outside Kentucky need a food processing or retail food permit from CHFS. Farmers who make canned or acidified foods can apply as home-based microprocessors. KRS 217.015(56)-(57); CHFS Microprocessing

Recent changes and effective dates

June 24, 2003: KRS 217.136 creates the home-based processor exemption. KRS 217.136
July 14, 2018: HB 468 expands home-based processing, including online orders. KRS 217.136; CHFS Home-Based Processing
Jan. 1, 2020: Registration with CHFS becomes required. KRS 217.136
2026: SB 73 (Acts Chapter 52) adds pork lard and tallow-based cosmetic products to the home-based processor program. The food rules are unchanged. SB 73 (2026), Acts Chapter 52

Frequently asked questions

Do I need a license to sell baked goods from home in Kentucky?

You must register each year as a home-based processor with the CHFS Food Safety Branch and pay a $50 fee. Sources: KRS 217.136(11); 902 KAR 45:090 Section 3(7).

What is the sales limit for home-based processors in Kentucky?

$60,000 in gross income a year from home-based sales. Source: KRS 217.015(56).

Can I sell cottage food online in Kentucky?

You may take orders and payments online, but the food must reach Kentucky consumers by pickup or delivery or at an approved venue. Sources: KRS 217.136(5); 902 KAR 45:090 Section 3(3)-(4).

Can I ship cottage food from Kentucky?

Not out of state. Sales are limited to consumers within Kentucky. Neither the law nor the regulation mentions mail or carrier shipping within Kentucky, so ask CHFS first. Sources: KRS 217.136(5); 902 KAR 45:090 Section 3(4).

Can I sell to stores or restaurants in Kentucky?

Sales must go directly to consumers. The law says home-based products may be used in preparing and serving food. Ask the Food Safety Branch how that applies to your buyer. Source: KRS 217.136(5).

Can I sell cheesecake or cream pies?

No. Cheesecake, cream-filled pies, custard and meringue pies are prohibited. Source: 902 KAR 45:090 Section 2(3).

Can I sell pickles, salsa or canned vegetables?

Not as a home-based processor. Farmers may make them as home-based microprocessors with training and recipe approval. Sources: KRS 217.136(2); CHFS Microprocessing.

What must be on a Kentucky home-based processor label?

Your name and address, the product name, ingredients by weight, net weight or count, "This product is home-produced and processed" in 10-point type, the processing date and allergens. Sources: KRS 217.136(3); 902 KAR 45:090 Section 3(5).

Will the state inspect my kitchen?

CHFS may inspect once a year and inspects on complaint. Sources: KRS 217.136(7); 902 KAR 45:090 Section 3(9).

Do I have to live in Kentucky?

Yes. A home-based processor must be a Kentucky resident. Source: 902 KAR 45:090 Section 3(2).

Official sources

This page is general information, not legal advice. Laws change, and local zoning, HOA covenants and tax obligations vary. Confirm current requirements with the Kentucky Food Safety Branch at 502-564-7181 or [email protected], or with an attorney, before you start selling.

Kentucky Cottage Food Laws