New Jersey Cottage Food Laws

New Jersey lets home cooks sell approved shelf-stable foods with a Cottage Food Operator Permit from the New Jersey Department of Health, or NJDOH, under N.J.A.C. 8:24-11. The permit costs $100 and lasts two years. Sales are capped at $50,000 a year. Orders and payment can happen online, by phone or by mail, but every product must be handed over in New Jersey, and mail or carrier delivery is banned. This guide covers what you can sell, how you can sell, labeling and when you need a license instead.

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 Jersey Department of Health Cottage Food Project, or with an attorney, before you start selling.

Quick facts

• A Cottage Food Operator Permit from NJDOH is required. N.J.A.C. 8:24-11.1
• The permit costs $100, lasts two years from issuance and costs $100 to renew. N.J.A.C. 8:24-11.6
• Applicants need a food protection manager certificate from an accredited program. N.J.A.C. 8:24-11.1; NJDOH Apply/Renew page
• Gross annual sales may not exceed $50,000. N.J.A.C. 8:24-11.3(b)
• Products must be handed over in New Jersey. Mail, common carrier and interstate delivery are banned. N.J.A.C. 8:24-11.3(a)
• Wholesale and retail food establishment sales are banned. N.J.A.C. 8:24-11.3(a)

What the law calls it

• New Jersey uses "cottage food operator," "cottage food product" and "Cottage Food Operator Permit." N.J.A.C. 8:24-11

Foods you can sell

• Only products on NJDOH's approved list, including baked goods, candy, chocolate-covered nuts and dried fruit, dried fruit, dried herbs and seasonings, dried pasta without egg, dry baking mixes, fruit jams, jellies and preserves, fruit pies, empanadas and tamales (not pumpkin), fudge, granola, cereal and trail mix, processed honey and sweet sorghum syrup, nuts and nut butters, popcorn and caramel corn, roasted coffee and dried tea, vinegar and mustard, and waffle cones and pizzelles. NJDOH approved food list

Foods you cannot sell

• Time/temperature control for safety foods, and products with prohibited ingredients such as cream, cheese, cream cheese, custard, meat, fish, vegetables, fresh fruit, pumpkin, sweet potato, mushrooms, tofu, alcohol, CBD and THC. NJDOH prohibited foods page
• Cheesecake, cheese or cream-filled pastries and frostings such as cream cheese, meringue, Swiss meringue buttercream, French buttercream, German buttercream, whipped cream and ganache are not allowed. NJDOH approved food list; NJDOH prohibited foods page

Sales limit

• Gross annual sales, before taxes and expenses, may not exceed $50,000. N.J.A.C. 8:24-11.3(b)

Where and how you can sell

• Products may be delivered at the operator's home (not for on-site eating), at the consumer's New Jersey home, at a New Jersey farmers market or farm stand, to consumers at a New Jersey temporary retail food establishment or elsewhere in New Jersey to the consumer. N.J.A.C. 8:24-11.3(a)
• Online and phone: orders, payments and marketing may be handled by mail, internet, phone or other electronic means, as long as delivery happens in New Jersey. N.J.A.C. 8:24-11.2(b)
• Shipping: delivery by U.S. mail or common carrier is prohibited, and so is interstate commerce. N.J.A.C. 8:24-11.3(a)
• Wholesale and retail: delivery to a person who is not the consumer, a wholesale establishment or a retail food establishment is prohibited. N.J.A.C. 8:24-11.3(a)

Labeling rules

• Labels must show the common name, ingredients by weight, a "Contains" allergen statement, the operator's name, business name and permit number, the municipality followed by "New Jersey" or "NJ," and the statement "This food is prepared pursuant to N.J.A.C. 8:24-11 in a home kitchen that has not been inspected by the Department of Health." N.J.A.C. 8:24-11.4(c)
• At points of sale other than the operator's or consumer's home, the permit and a placard with that statement must be displayed. N.J.A.C. 8:24-11.4(b)

Permit and kitchen rules

• Food may be made only in the private kitchen of the operator's residence. N.J.A.C. 8:24-11.2(a)
• The application requires the form, the food protection manager certificate and, for private wells, a total coliform analysis. N.J.A.C. 8:24-11.1; NJDOH Apply/Renew page

Zoning, HOAs and local rules

• NJDOH says to contact your local zoning board first. If zoning does not allow cottage food businesses, you are not eligible for a permit. NJDOH Apply/Renew page
• Check your HOA documents, since NJDOH does not review private covenants.

Inspections

• Cottage food operators are not subject to routine inspection, but health authorities may inspect to enforce the law or investigate complaints. N.J.A.C. 8:24-11.2(a); N.J.A.C. 8:24-11.5

When you need a license instead

• Foods not on the approved list, sales over $50,000, wholesale and shipped products require a licensed retail or wholesale food establishment. N.J.A.C. 8:24-11.3

Timeline

• Oct. 4, 2021: N.J.A.C. 8:24-11 took effect, creating the Cottage Food Operator Permit (R.2021 d.087, 53 N.J.R. 1711(a)). NJDOH Notice of Adoption, N.J.A.C. 8:24-11 (2021)
• Oct. 13, 2026: this page was last reviewed against NJDOH rules.

Frequently asked questions

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

Yes. You need a Cottage Food Operator Permit from NJDOH. Source: N.J.A.C. 8:24-11.1.

How much does the New Jersey cottage food permit cost?

$100 for two years, and $100 to renew. Source: N.J.A.C. 8:24-11.6.

What is the New Jersey cottage food sales cap?

$50,000 in gross annual sales. Source: N.J.A.C. 8:24-11.3(b).

Can I sell cottage food online in New Jersey?

You can take orders and payments online, but delivery must happen in person in New Jersey. Source: N.J.A.C. 8:24-11.2(b).

Can I ship cottage food in New Jersey or to other states?

No. Delivery by mail or common carrier and interstate sales are prohibited. Source: N.J.A.C. 8:24-11.3(a).

Can I sell to cafes or grocery stores?

No. Delivery to wholesale or retail food establishments is prohibited. Source: N.J.A.C. 8:24-11.3(a).

Can I sell cakes with buttercream frosting?

Not French, German or Swiss meringue buttercream, cream cheese, whipped cream or ganache. Check NJDOH's list for allowed icings. Source: NJDOH prohibited foods page.

Do I need a food safety certificate?

Yes. Applicants need a food protection manager certificate. Source: N.J.A.C. 8:24-11.1.

What must a New Jersey cottage food label say?

Product name, ingredients, allergens, your name, business name, permit number, municipality and the required home kitchen statement. Source: N.J.A.C. 8:24-11.4(c).

Do I need zoning approval?

NJDOH says to check with your local zoning board before applying. Source: NJDOH Apply/Renew page.

Official sources

• N.J.A.C. 8:24-11 (NJDOH rules page)
• NJDOH: Apply/Renew
• NJDOH: Approved food products
• NJDOH: Prohibited food products
• NJDOH Notice of Adoption, N.J.A.C. 8:24-11 (2021)

This page is general information, not legal advice. Laws change, and local zoning, HOA and tax rules vary. Confirm current requirements with the New Jersey Department of Health Cottage Food Project, or with an attorney, before you start selling.