Mississippi Cottage Food Laws

Mississippi lets people make nonpotentially hazardous foods in their home kitchens and sell them without a food permit, as long as sales stay under $35,000 a year. It is one of the narrower cottage food laws: products may be advertised online but not sold online, by mail order, wholesale or through stores. This guide covers what you can sell, how you can sell, labeling and when you need a permit instead.

Disclaimer: This page is general information, not legal advice. Laws change, and local business license, zoning, HOA and tax rules vary. Confirm current requirements with the Mississippi State Department of Health Food Protection Division at 601-576-7689, or with an attorney, before you start selling.

Quick facts

• A cottage food operation is exempt from the state food permit if it follows the law and its gross sales do not exceed $35,000 a year. Effective July 1, 2020. Miss. Code Ann. 75-29-951(1)(a)
• Sales over the internet, by mail order, at wholesale or to a retail establishment are not allowed. Advertising online, including on social media, is allowed. Miss. Code Ann. 75-29-951(2)
• Products must be prepackaged and labeled, including a required statement in at least 10-point type. Miss. Code Ann. 75-29-951(3)
• The Mississippi State Department of Health, or MSDH, may inspect only after a complaint. Miss. Code Ann. 75-29-951(5)(b)
• Cottage foods may be sold only in Mississippi, according to MSDH. MSDH Cottage Food FAQ

What the law calls it

• Mississippi law uses the terms "cottage food operation" and "cottage food product." People also search for "home bakery" and "homemade food." These are everyday names, not legal categories. Miss. Code Ann. 75-29-951
• Cottage food products are nonpotentially hazardous foods as defined by MSDH, meaning foods that do not need time or temperature control for safety. Miss. Code Ann. 75-29-951(2); MSDH Cottage Food FAQ
• A cottage food must be made in the kitchen of the operator's private home, which may be owned or rented, including an apartment. MSDH Cottage Food FAQ

Foods you can sell

• MSDH lists baked goods without cream, custard or meat fillings; candy; chocolate-covered nonperishable foods; dried fruit, except melons; dried pasta; dried spices; dry baking mixes; granola, cereal and trail mixes; dry rubs; fruit pies; jams, jellies and preserves meeting 21 CFR 150; nut mixes; popcorn; vinegar and mustard; waffle cones; and acidified foods meeting 21 CFR 114. MSDH Cottage Food FAQ

Foods you cannot sell

• MSDH lists meat, fish, poultry, dairy products including custard pies, most eggs, cooked vegetables, raw seed sprouts, sliced melons, garlic or herbs in oil, cooked potatoes, legumes, beans, nut butters, juices, rice, low-acid canned foods and smoked fish. MSDH Cottage Food FAQ

Sales limit

• $35,000 in gross annual sales of cottage food products, counting all sales at every location. MSDH may ask for written records to verify sales. Effective July 1, 2020. Miss. Code Ann. 75-29-951(1)

Where and how you can sell

• Directly from the producer to the end consumer. MSDH Cottage Food FAQ
• Online sales, mail order, wholesale and sales to stores or other retail establishments: not allowed. Miss. Code Ann. 75-29-951(2)
• Advertising online and on social media: allowed. Miss. Code Ann. 75-29-951(2)
• Shipping out of state: not allowed. The law bans mail-order sales, and MSDH says cottage foods may be sold only in Mississippi. Miss. Code Ann. 75-29-951(2); MSDH Cottage Food FAQ

Labeling rules

• Every product must be prepackaged with a label showing: the name and address of the operation; the product name; the ingredients in descending order of predominance by weight; the net weight or volume; allergen information under federal rules; nutrition information if a nutrition claim is made; and this statement in at least 10-point type in a contrasting color: "Made in a cottage food operation that is not subject to Mississippi's food safety regulations." Miss. Code Ann. 75-29-951(3)
• Tree nuts must be named specifically in the ingredients, such as "almonds." MSDH Cottage Food FAQ

Training and kitchen

• Training is not required, but MSDH strongly encourages it, especially for acidified and pickled products. MSDH Cottage Food FAQ
• Products must be made in the home kitchen and stored in the home. Sheds, barns and rented kitchens do not qualify. MSDH Cottage Food FAQ
• Commercial-grade equipment is not required. MSDH Cottage Food FAQ

Zoning, HOAs and local rules

• MSDH says operators may need other permits or licenses and should check with their city or county. MSDH Cottage Food FAQ
• Mississippi's law does not address zoning, HOA covenants or leases. Review yours before starting a home food business.
• The law does not exempt operators from federal tax law. Ask the Mississippi Department of Revenue about state sales tax. Miss. Code Ann. 75-29-951(4)

Inspections and complaints

• MSDH may investigate complaints and may enter and inspect only after receiving a complaint. Refusing entry can lead to disciplinary action. Miss. Code Ann. 75-29-951(5)

When you need a permit instead

• Operations with sales over $35,000, those selling online, by mail, wholesale or to stores, or those making foods that need temperature control need a food permit under Miss. Code Ann. 41-3-18. Miss. Code Ann. 75-29-951(1), (6)

Recent changes and effective dates

• April 1, 2013: Mississippi's cottage food law takes effect. Miss. Code Ann. 75-29-951
• July 1, 2020: The sales cap rises to $35,000, and online advertising is allowed. Miss. Code Ann. 75-29-951; MSDH Cottage Food FAQ
• 2025 and 2026: Bills to raise the cap or allow online sales, including SB 2265 (2025), HB 1108 (2026) and HB 910 (2026), died without becoming law. HB 1108 (2026)

Frequently asked questions

Do I need a permit to sell baked goods from home in Mississippi?

No, if you follow the cottage food law and stay at or under $35,000 in gross annual sales. Source: Miss. Code Ann. 75-29-951(1).

What is the sales limit for cottage food in Mississippi?

$35,000 in gross annual sales, counting all locations. Source: Miss. Code Ann. 75-29-951(1).

Can I sell cottage food online in Mississippi?

No. You may advertise online and on social media, but sales over the internet are not allowed. Source: Miss. Code Ann. 75-29-951(2).

Can I ship cottage food in Mississippi or to other states?

No. Mail-order sales are banned, and MSDH says cottage foods may be sold only in Mississippi. Sources: Miss. Code Ann. 75-29-951(2); MSDH Cottage Food FAQ.

Can I sell cottage food to stores or coffee shops?

No. Sales at wholesale or to retail establishments are not allowed. Source: Miss. Code Ann. 75-29-951(2).

Can I sell cheesecake or custard pies?

No. Dairy products, including custard pies, need temperature control and are not allowed. Source: MSDH Cottage Food FAQ.

What must be on a Mississippi cottage food label?

Your name and address, the product name, ingredients by weight, net weight or volume, allergens and the required statement in 10-point type. Source: Miss. Code Ann. 75-29-951(3).

Will the health department inspect my kitchen?

Only after a complaint. Source: Miss. Code Ann. 75-29-951(5)(b).

Can I make cottage food if I rent my home?

Yes. MSDH says a private home includes a rented house or apartment. Check your lease. Source: MSDH Cottage Food FAQ.

Do I need food safety training?

No, but MSDH strongly encourages it, especially for acidified foods. Source: MSDH Cottage Food FAQ.

Official sources

• Miss. Code Ann. 75-29-951 (2025 code, via Justia)
• Mississippi State Department of Health, Cottage Food Operation FAQ, revised September 2023
• HB 1108 (2026), Mississippi Legislature

This page is general information, not legal advice. Laws change, and local business license, zoning, HOA and tax rules vary. Confirm current requirements with the Mississippi State Department of Health Food Protection Division at 601-576-7689, or with an attorney, before you start selling.