Missouri Cottage Food Laws

Missouri's cottage food law is narrow. It covers only three kinds of food made in a home kitchen: baked goods, canned jams or jellies and dried herbs or herb mixes. Sellers do not need a state or local food permit and have no sales cap, but they must sell directly to consumers and keep online sales inside Missouri. This guide covers what you can sell, how you can sell, labeling and when you need an inspection 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 Missouri Department of Health and Senior Services, or DHSS, your local public health agency or an attorney before you start selling.

Quick facts

• A cottage food production operation is not a food service establishment and is not subject to state health or food code laws other than this section and its rules. Current version effective Aug. 28, 2022. RSMo 196.298(2)
• Allowed foods: baked goods, canned jams or jellies and dried herbs or herb mixes. RSMo 196.298(1)(2)
• Sales must be directly to consumers. RSMo 196.298(1)(2)(b)
• Internet sales are allowed only when both the operation and the buyer are in Missouri. RSMo 196.298(5)
• No sales cap. The 2022 update removed the earlier $50,000 limit. DHSS Home-Based Kitchen Food Production Guidance
• Local health departments may not regulate production at a cottage food operation. RSMo 196.298(3)(1)

What the law calls it

• Missouri law uses "cottage food production operation," an individual operating out of his or her home. DHSS calls the section the Missouri Cottage Law. "Home bakery" is an everyday name, not a legal category. RSMo 196.298(1)(2); DHSS Home-Based Kitchen Food Production Guidance
• "Home" means a primary residence with a kitchen and appliances designed for common residential use. RSMo 196.298(1)(4)

Foods you can sell

• Baked goods, including cookies, cakes, breads, Danish, doughnuts, pastries, pies and other items baked in an oven, that are not potentially hazardous. RSMo 196.298(1)(1)
• Canned jams or jellies. RSMo 196.298(1)(2)(a)
• Dried herbs and herb mixes. RSMo 196.298(1)(2)(a)

Foods you cannot sell

• Anything not on the list, including candy, salsa, pickles, dried pasta and potentially hazardous baked goods, falls outside the law. DHSS says the law is not an umbrella term for any food made at home. RSMo 196.298(1); DHSS Home-Based Kitchen Food Production Guidance

Sales limit

• None. DHSS says there is no longer a limit on how much a cottage food producer can make each year. DHSS Home-Based Kitchen Food Production Guidance

Where and how you can sell

• Directly to consumers only. The law defines the operation as one that produces the food for sale at the individual's home and sells it only directly to consumers. RSMo 196.298(1)(2)
• DHSS says the foods must be sold by the individual who prepared them. DHSS Home-Based Kitchen Food Production Guidance
• Online: allowed only when both the seller and buyer are in Missouri. RSMo 196.298(5)
• Mail and shipping: the statute does not mention them. DHSS says producers may not sell across state lines. RSMo 196.298(5); DHSS Home-Based Kitchen Food Production Guidance
• Wholesale and sales to stores or restaurants: not allowed, because sales must be directly to consumers. RSMo 196.298(1)(2)(b)

Labeling rules

• The law requires a label with the operation's name and address and a statement that the food is not inspected by DHSS or the local health department. RSMo 196.298(4)
• DHSS guidance lists: full name and address; common name of the food; ingredients in descending order by weight; net weight; any allergens; and a statement that the product is prepared in a kitchen that is not subject to inspection by DHSS. DHSS Home-Based Kitchen Food Production Guidance

Permits and training

• No state or local food permit is required. RSMo 196.298(2)-(3)
• The law does not require food safety training. RSMo 196.298

Zoning, HOAs and local rules

• Local health departments may not regulate production at a cottage food operation, but the law does not address zoning, business licenses or HOA covenants. Check with your city or county and HOA. RSMo 196.298(3)(1)

Inspections

• There are no routine inspections. DHSS and local health departments keep records of complaints and may investigate foodborne illness or outbreaks. RSMo 196.298(3)(2) and (6)

When you need an inspection instead

• Foods outside the three categories must be made in an inspected facility under the Missouri Food Code or the DHSS manufactured food program. DHSS Home-Based Kitchen Food Production Guidance

Timeline

• Aug. 28, 2014: the cottage food law takes effect under SB 525. RSMo 196.298
• Aug. 28, 2022: HB 1697 takes effect, allowing in-state internet sales and removing the $50,000 cap. RSMo 196.298; DHSS Home-Based Kitchen Food Production Guidance
• August 2023: DHSS issues its Home-Based Kitchen Food Production Guidance. DHSS Home-Based Kitchen Food Production Guidance
• Oct. 13, 2026: this page was last reviewed against RSMo 196.298.

Frequently asked questions

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

No. A cottage food production operation is not subject to state food code laws other than the cottage food section, and local health departments may not regulate its production. Source: RSMo 196.298(2)-(3).

What foods can I sell under Missouri's cottage food law?

Only non-potentially hazardous baked goods, canned jams or jellies and dried herbs or herb mixes. Source: RSMo 196.298(1).

Is there a sales cap in Missouri?

No. The $50,000 cap was removed in 2022. Source: DHSS Home-Based Kitchen Food Production Guidance.

Can I sell cottage food online in Missouri?

Yes, but only when both you and the buyer are in Missouri. Source: RSMo 196.298(5).

Can I ship cottage food out of Missouri?

No. DHSS says cottage food producers may not sell across state lines. Sources: RSMo 196.298(5); DHSS Home-Based Kitchen Food Production Guidance.

Can I sell cottage food at a store or coffee shop?

No. Sales must be made directly to consumers. Source: RSMo 196.298(1)(2)(b).

Can I sell candy or salsa under the cottage food law?

No. They are not among the three allowed categories. Sources: RSMo 196.298(1); DHSS Home-Based Kitchen Food Production Guidance.

What does a Missouri cottage food label need?

The operation's name and address and a statement that the food is not inspected by DHSS or the local health department. Source: RSMo 196.298(4).

Will the health department inspect my kitchen?

Not routinely. Health officials keep complaint records and may investigate foodborne illness. Source: RSMo 196.298(3)(2) and (6).

Official sources

• RSMo 196.298 (Missouri Revisor of Statutes)
• DHSS Missouri Home-Based Kitchen Food Production Guidance (August 2023)

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 Missouri Department of Health and Senior Services, or DHSS, your local public health agency or an attorney before you start selling.