New Hampshire Cottage Food Laws

New Hampshire calls cottage food "homestead food." Under RSA 143-A:12, a homestead food operation makes foods that are not potentially hazardous in the kitchen or a food production area of its primary residence in New Hampshire. Operations that sell only from the home, their own farm stand, farmers markets or retail food stores need no state license or routine inspection. Selling to restaurants, over the internet, by mail order or to wholesalers requires a homestead license from the Department of Health and Human Services, or DHHS, which lists a $150 fee. The law sets no sales cap. This guide covers both paths, what you can sell, labeling and when you need a different 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 New Hampshire Department of Health and Human Services Food Protection Section, your city or town or an attorney before you start selling.

Quick facts

• No license is needed to sell from your home, your own farm stand, farmers markets or retail food stores. RSA 143-A:12, II; RSA 143-A:5, VII
• A homestead license is required to sell to restaurants or other retail food establishments, over the internet, by mail order or to wholesalers, brokers or distributors. RSA 143-A:12, III
• DHHS lists a $150 fee for the Class H homestead license. NH DHHS Homestead Food Operations
• The law sets no sales cap. RSA 143-A:12
• Freeze-dried foods require a food processing license. RSA 143-A:12, IV

What the law calls it

• New Hampshire uses "homestead food operation," "homestead food products" and "potentially hazardous food." RSA 143-A:12, I

Foods you can sell

• All food except potentially hazardous food, as further defined in DHHS rules. RSA 143-A:12, I(c)
• DHHS's examples include breads, rolls, muffins, cookies, brownies, double-crusted fruit pies, candy and fudge, packaged dry products, pickles, jams and jellies. NH DHHS Homestead Food Operations
• DHHS says acidified foods and jams and jellies that do not use National Center for Home Food Preservation recipes need a process review for each product. NH DHHS Homestead Food Operations

Foods you cannot sell

• Potentially hazardous foods that need temperature control, including low-acid canned foods. RSA 143-A:12, I(b)
• DHHS's examples include cheesecakes, pumpkin pies, custards, soups, sandwiches and low-acid foods such as canned gravies or some canned vegetables. NH DHHS Homestead Food Operations

Sales limit

• The law does not set a dollar limit. RSA 143-A:12

Licenses and fees

• Exempt operations need no license. RSA 143-A:12, II
• Licensed operations need a Class H homestead license. DHHS lists the fee as $150. RSA 143-A:12, III; NH DHHS Homestead Food Operations
• Fifteen cities and towns do their own inspections. DHHS says to check with them about a local license. NH DHHS Homestead Food Operations

Where and how you can sell

• Without a license: from the homestead residence, your own farm stand, farmers markets or retail food stores. RSA 143-A:12, II
• Online and mail: allowed with a homestead license. RSA 143-A:12, III
• Shipping to other states: the law allows licensed internet and mail-order sales but does not mention out-of-state buyers. Ask DHHS before shipping out of state. RSA 143-A:12, III
• Wholesale and restaurants: allowed with a homestead license. RSA 143-A:12, III

Labeling rules

• Packages sold from the home or farm stand need the operation's name, physical or email address and phone number; the product name; allergens; and either the ingredients in descending order by weight or a QR code or website with the ingredients plus a sign at the display. RSA 143-A:12, V(a)
• Packages sold at farmers markets, to stores, online, by mail or to wholesalers need the name, address and phone number, product name, ingredients and allergens. RSA 143-A:12, V(b)
• Exempt operations add: "This product is exempt from New Hampshire licensing and inspection." Licensed operations add: "This product is made in a residential food production area licensed by the New Hampshire Department of Health and Human Services." RSA 143-A:12, V(c)

Zoning, HOAs and local rules

• The state exemption does not address zoning. Check with your city or town, especially if it is one of the 15 self-inspecting communities. NH DHHS Homestead Food Operations
• Check your HOA documents, since the state does not review private covenants.

Inspections

• Exempt operations are not routinely inspected, but DHHS may inspect when it suspects an imminent health hazard. RSA 143-A:12, II
• Licensed operations must meet DHHS sanitation rules in He-P 2300. NH DHHS Homestead Food Operations

When you need a different license instead

• Potentially hazardous foods and freeze-dried fruits, vegetables or commercially prepared dairy products need a food processing plant license. RSA 143-A:12, IV; NH DHHS Homestead Food Operations

Timeline

• Jan. 1, 2007: the homestead food license law took effect (2006, 133:2). RSA 143-A:12
• July 13, 2025, and Nov. 12, 2025: the most recent amendments to RSA 143-A:12 took effect. RSA 143-A:12
• Oct. 13, 2026: this page was last reviewed against the RSA and DHHS guidance.

Frequently asked questions

Do I need a license to sell homestead food in New Hampshire?

Not if you sell only from home, your farm stand, farmers markets or retail food stores. Source: RSA 143-A:12, II.

Can I sell homestead food online in New Hampshire?

Only with a homestead license. Source: RSA 143-A:12, III.

Can I mail homestead food in New Hampshire?

Only with a homestead license. Source: RSA 143-A:12, III.

How much is a New Hampshire homestead license?

DHHS lists $150 for a Class H homestead license. Source: NH DHHS Homestead Food Operations.

Can I sell homestead food to restaurants in New Hampshire?

Only with a homestead license. Source: RSA 143-A:12, III.

Can I sell homestead food at a store in New Hampshire?

Yes. Retail food store sales are allowed without a license. Source: RSA 143-A:12, II.

Is there a sales cap in New Hampshire?

No. The law does not set one. Source: RSA 143-A:12.

Can I sell freeze-dried food in New Hampshire?

Only with a food processing license. Source: RSA 143-A:12, IV.

Can I sell pumpkin pie as homestead food in New Hampshire?

No. DHHS lists pumpkin pie as potentially hazardous. Source: NH DHHS Homestead Food Operations.

Official sources

• RSA 143-A:12: Homestead Food License Required
• RSA 143-A:5: Exemptions
• NH DHHS: Homestead Food Operations

This page is general information, not legal advice. Laws change, and local zoning, HOA and tax rules vary. Confirm current requirements with the New Hampshire Department of Health and Human Services Food Protection Section, your city or town or an attorney before you start selling.