Massachusetts Cottage Food Laws

Massachusetts regulates home food businesses under the state Retail Food Code, 105 CMR 590, and the Good Manufacturing Practices rules, 105 CMR 500. Anyone who sells food made in a home kitchen directly to consumers needs a permit from the local board of health as a cottage food operation. DPH's 2019 guidance says direct sales include farmers markets, craft fairs and sales by internet or mail. Selling wholesale to stores or restaurants requires a separate license from the Department of Public Health, or DPH. Only foods that can be safely held at room temperature are allowed. State rules set no sales cap, and fees are set locally. This guide covers what you can sell, how you can sell, labeling and when you need a wholesale license.

Disclaimer: This page is general information, not legal advice. Laws change, and local zoning, HOA and tax rules vary. Confirm current requirements with your local board of health, the Massachusetts Department of Public Health or an attorney before you start selling.

Quick facts

• This page is based on DPH guidance from April 2019. Confirm current rules with DPH and your local board of health.
• Retail sales from a home kitchen need a cottage food operation permit from your local board of health. 105 CMR 590.010(F)(2)
• DPH's 2019 guidance says "direct to the consumer" includes farmers markets, craft fairs and sales by internet or mail. DPH Residential Kitchen Q&A
• Wholesale sales, such as to a supermarket or restaurant, need a DPH license under M.G.L. c. 94, sec. 305C. 105 CMR 500.201(A)(1); 105 CMR 500.015(B)
• Only cottage food products: baked goods, jams, jellies and other foods that do not need time or temperature control for safety. 105 CMR 590.001(C)
• DPH's guidance does not set a sales cap. Fees are set by each board of health. DPH Residential Kitchen Q&A

What the law calls it

• Massachusetts uses "Cottage Food Operation," "Cottage Food Products" and "residential kitchen." A cottage food operation produces only in the home kitchen of the person's primary domestic residence and only for sale directly to the consumer. 105 CMR 590.001(C); 105 CMR 500.015

Foods you can sell

• Cottage food products: baked goods, jams, jellies and other foods that do not need time or temperature control for safety. 105 CMR 590.001(C)
• Ingredients such as milk, cream and eggs may be used if the finished product does not need temperature control. DPH Retail Food Code Standards for Permitted Residential Kitchens; 105 CMR 500.015(D)(1)

Foods you cannot sell

• Foods that need hot or cold holding, including raw or heat-treated meat or fish and cut melons, leafy greens and tomatoes. DPH's examples include cream-filled pastries, cheesecake, custard, cut fruits and vegetables, tomato and barbecue sauce, pickled products, relishes and salad dressings. DPH Residential Kitchen Q&A
• Acidification, hot fill, thermal processing in sealed containers, vacuum packaging and curing or smoking are prohibited, except for jams and jellies thermal-processed in sealed containers. DPH Residential Kitchen Q&A
• Wholesale residential kitchens may not smoke or cure food, add vinegar or other components to preserve food, use reduced oxygen packaging or can low-acid foods. 105 CMR 500.015(D)(3)

Sales limit

• DPH's guidance does not set a dollar limit. DPH Residential Kitchen Q&A

Permits and licenses

• Retail: get a permit from the local board of health, which reviews applications under DPH guidelines. Contact your city or town for fees. 105 CMR 590.010(F)(2)
• No permit is needed if you sell only whole, uncut fresh fruits and vegetables, unprocessed honey, pure maple products or farm-fresh eggs kept at 45 degrees Fahrenheit or below. 105 CMR 590.010(F)(1)
• Wholesale: DPH licenses and inspects wholesale residential kitchens. Only people living in the household may prepare food for wholesale. 105 CMR 500.201(A)(1); 105 CMR 500.203(A)(1); 105 CMR 500.015(E)
• You may need to provide lab testing, such as pH or water activity, to show a product is safe at room temperature. DPH Residential Kitchen Q&A
• No permit is needed for nonprofit bake sales of foods that do not need temperature control, if a sign says the food is not regulated or inspected. DPH Residential Kitchen Q&A

Where and how you can sell

• Directly to consumers with a local permit. 105 CMR 590.001(C); 105 CMR 590.010(F)(2)
• Online and mail: allowed with a retail permit, according to DPH's 2019 guidance, which counts internet and mail sales as direct to the consumer. DPH Residential Kitchen Q&A
• Shipping to other states: DPH says anyone selling in another state should confirm compliance with federal law and that state's laws. DPH Residential Kitchen Q&A
• Wholesale: DPH's 2019 guidance says wholesale residential kitchens licensed by DPH may sell to retail stores, grocery stores and restaurants. DPH Residential Kitchen Q&A

Labeling rules

• Cottage foods must be prepackaged with an English label showing the operation's name and address; the product name; ingredients in descending order by weight, including subingredients; net weight or volume; allergens; and nutrition labeling if you make a claim. DPH Retail Food Code Standards for Permitted Residential Kitchens

Zoning, HOAs and local rules

• Cottage food operations must comply with all municipal laws and zoning ordinances. DPH notes that municipal zoning may prohibit residential kitchens in some cities and towns. DPH Retail Food Code Standards for Permitted Residential Kitchens; 105 CMR 500.015(B)
• Check your HOA documents, since the state does not review private covenants.

Inspections

• The local board of health inspects before permitting. Private wells must be tested before permitting and at least once a year. DPH Residential Kitchen Q&A; DPH Retail Food Code Standards for Permitted Residential Kitchens
• Only the permit holder or supervised helpers may handle food. No infants, small children or pets in the kitchen during production, and no other domestic activities at the same time. Living or sleeping rooms may not be used. DPH Retail Food Code Standards for Permitted Residential Kitchens

When you need a wholesale license instead

• Selling to stores, restaurants or anyone who resells requires a DPH wholesale license. Foods that need refrigeration cannot be made in a wholesale residential kitchen, and retail cottage food is limited to foods that do not need time or temperature control. 105 CMR 500.201(A)(1); 105 CMR 500.015(D)(1); 105 CMR 590.001(C)

Timeline

• Sept. 23, 2016: the current 105 CMR 500 was published in the Mass. Register. 105 CMR 500.015
• Oct. 5, 2018: the current 105 CMR 590 was published in the Mass. Register. 105 CMR 590.010(F)
• April 1, 2019: DPH issued its residential kitchen Q&A and Retail Food Code standards for permitted residential kitchens. DPH Residential Kitchen Q&A; DPH Retail Food Code Standards for Permitted Residential Kitchens
• Oct. 13, 2026: this page was last reviewed against DPH guidance.

Frequently asked questions

Do I need a permit to sell cottage food in Massachusetts?

Yes. Retail sales need a cottage food permit from your local board of health. Source: 105 CMR 590.010(F)(2).

Can I sell cottage food online in Massachusetts?

Yes, with a retail permit. DPH's 2019 guidance counts internet sales as direct to the consumer. Source: DPH Residential Kitchen Q&A.

Can I mail cottage food in Massachusetts?

Yes, with a retail permit. DPH's 2019 guidance counts mail sales as direct to the consumer. Source: DPH Residential Kitchen Q&A.

Can I ship cottage food to other states from Massachusetts?

DPH says to confirm compliance with federal law and the other state's laws. Source: DPH Residential Kitchen Q&A.

Can I sell cottage food to stores or restaurants in Massachusetts?

Yes, with a DPH wholesale residential kitchen license. Source: 105 CMR 500.201(A)(1).

How much does a Massachusetts cottage food permit cost?

Fees are set by each local board of health. Source: DPH Residential Kitchen Q&A.

Can I sell pickles from a Massachusetts home kitchen?

No. DPH lists pickled products and relishes as not allowed, and wholesale kitchens may not add vinegar to preserve food. Sources: DPH Residential Kitchen Q&A; 105 CMR 500.015(D)(3).

Is there a sales cap in Massachusetts?

DPH's guidance does not set one. Source: DPH Residential Kitchen Q&A.

What must a Massachusetts cottage food label say?

The operation's name and address, product name, ingredients, net weight or volume and allergens. Source: DPH Retail Food Code Standards for Permitted Residential Kitchens.

Official sources

• 105 CMR 590: State Sanitary Code Chapter X (PDF)
• 105 CMR 500: Good Manufacturing Practices for Food (PDF)
• Mass. DPH: Residential Kitchen Questions and Answers
• Mass. DPH: Retail Food Code Standards for Permitted Residential Kitchens

This page is general information, not legal advice. Laws change, and local zoning, HOA and tax rules vary. Confirm current requirements with your local board of health, the Massachusetts Department of Public Health or an attorney before you start selling.