North Carolina Cottage Food Laws

North Carolina does not have a cottage food law that exempts home kitchens from inspection. Instead, the N.C. Department of Agriculture and Consumer Services, or NCDA&CS, runs a home processor program. A home kitchen must pass a free state inspection before any food made there is sold. This guide covers what you can make, the inspection, labeling and when you need a commercial facility instead.

Disclaimer: This page is general information, not legal advice. Laws change, and local zoning, HOA covenants and tax obligations vary. Confirm current requirements with the NCDA&CS Food and Drug Protection Division at 984-236-4820 or [email protected], or with an attorney, before you start selling.

Quick facts

• There is no cottage food exemption. Anyone who makes food at home for sale must first have the home kitchen inspected by NCDA&CS, whether selling to consumers, stores or restaurants. NCDA&CS Home Processor
• The inspection is free. NCDA&CS does not issue a permit but gives a copy of the inspection report and a Notice of Inspection. NCDA&CS Home Processor
• Only low-risk, shelf-stable foods that do not need refrigeration or freezing may be made at home. NCDA&CS Home Processor
• No pets may come into the home at any time, even only at night, because NCDA&CS treats a home processor as a food manufacturing facility. NCDA&CS Home Processor
• NCDA&CS says applications take about eight to 12 weeks to process before an inspector makes contact. NCDA&CS Home Processor

What the law calls it

• North Carolina uses the term "home processor" or "home-based food business." People also search for "cottage food," "home bakery" and "homemade food." North Carolina has no separate legal category for cottage food. NCDA&CS Home Processor
• Home processors are regulated under the N.C. Food, Drug and Cosmetic Act and must meet federal Good Manufacturing Practices in 21 CFR 117, Subpart B. N.C. Gen. Stat. Chapter 106, Article 12; 21 CFR 117, Subpart B; NCDA&CS Home Processor

Foods you can make

• NCDA&CS lists baked goods that do not need refrigeration; jams, jellies and preserves; candies; dried mixes and spices; some liquids such as iced tea, coffee and lemonade; some sauces; acid and acidified foods such as pickles and barbecue sauce; and freeze-dried candies. NCDA&CS Home Processor
• Sauces must be evaluated for shelf stability. Acidified foods may require a process authority letter and an acidified foods course. NCDA&CS Home Processor
• Moist breads and cakes, some pies, homemade cream cheese frostings and dressings may need pH or water activity testing. NCDA&CS Home Processor

Foods you cannot make

• Refrigerated or frozen products, low-acid canned foods, dairy products, seafood products, bottled water and juice products and bakery products with cream or cream cheese fillings, including cheesecakes. NCDA&CS Home Processor

Sales limit

• No state sales cap was found in NCDA&CS guidance. NCDA&CS Home Processor

Where and how you can sell

• Home processors may sell directly to consumers and to retail stores, restaurants and distributors after passing inspection. NCDA&CS Home Processor
• Online sales and shipping: NCDA&CS guidance requires labels on products shipped by services such as USPS or FedEx and does not limit shipping to North Carolina. Sales to other states may also be subject to federal law and the receiving state's rules. NCDA&CS Home Processor
• Farmers markets may set their own rules. NCDA&CS says products handed over the counter at a farmers market may be exempt from an affixed label. NCDA&CS Home Processor

Labeling rules

• A label is required for products individually packaged for self-service sale, sold wholesale to stores, distributors or restaurants or shipped. It must show the product name, the manufacturer's name and address, the net weight in ounces or pounds with the gram equivalent and the ingredients in order of predominance by weight. NCDA&CS Home Processor
• Allergens must be listed in the ingredients or in a "Contains" statement. A nutrition label is not required unless the product makes a claim such as "low fat" or "sugar free." NCDA&CS Home Processor
• Products made to order and handed directly to the consumer, such as orders picked up from the home or delivered to a party, do not need an affixed label, but ingredient information must be available on request. NCDA&CS Home Processor

Kitchen, water and pets

• Production must take place in the home kitchen. A kitchen in a garage, basement or separate building does not qualify and is treated as a commercial business. NCDA&CS Home Processor
• Food contact surfaces must be smooth and cleanable, the kitchen sink may be used only for food preparation, hand washing must be done at a separate sink and kitchen lights must be shielded or shatterproof. NCDA&CS Home Processor
• Homes on municipal water must submit a recent water bill. Well water must be tested for coliform bacteria and E. coli by a certified lab within one year before applying. Application for Home Processor Inspection; NCDA&CS Home Processor

Zoning, HOAs and local rules

• NCDA&CS requires applicants to check with the local planning or zoning department, and it advises checking with the HOA or leasing office before starting. NCDA&CS Home Processor
• Businesses with sales need a North Carolina sales and use tax number. Sole proprietors using an assumed business name file with the county register of deeds. NCDA&CS Home Processor

Inspections and complaints

• The inspection covers the kitchen, processing, packaging and storage areas and may include the outside of the house. Major violations can disqualify an applicant. NCDA&CS Home Processor
• Violations after the inspection may lead to action by local, county, state and federal agencies. NCDA&CS Home Processor

When you need a commercial facility instead

• High-risk foods, such as refrigerated, frozen, dairy, seafood and low-acid canned foods, must be made in a commercial facility under NCDA&CS's routine inspection program. NCDA&CS Home Processor; NCDA&CS commercial food business

Recent changes and effective dates

• North Carolina has no cottage food statute, so there is no law effective date. The home processor program operates under the N.C. Food, Drug and Cosmetic Act and NCDA&CS guidance, which can change without new legislation. N.C. Gen. Stat. Chapter 106, Article 12; NCDA&CS Home Processor

Frequently asked questions

Does North Carolina have a cottage food law?

No. North Carolina has no cottage food exemption. Home-based food businesses must pass an NCDA&CS home processor inspection before selling. Source: NCDA&CS Home Processor.

Do I need a license to sell baked goods from home in North Carolina?

You need a home kitchen inspection from NCDA&CS. It is free, and no permit is issued, but you receive a Notice of Inspection. Source: NCDA&CS Home Processor.

How long does the home processor inspection take?

NCDA&CS says an inspector typically makes contact eight to 12 weeks after receiving an application, and it can take longer. Source: NCDA&CS Home Processor.

Can I be a home processor if I have pets?

No. Pets that come into the home at any time are not allowed under the home processor program. Source: NCDA&CS Home Processor.

Can I sell to stores and restaurants?

Yes, after your kitchen passes inspection. Products sold wholesale must carry a full label. Source: NCDA&CS Home Processor.

Can I sell online or ship food from North Carolina?

NCDA&CS requires a full label on products shipped by mail or carriers and does not limit shipping to North Carolina. Federal law and the receiving state's rules may also apply. Source: NCDA&CS Home Processor.

Can I sell cheesecake or cream cheese frosted cakes?

Cheesecakes and bakery products with cream or cream cheese fillings are not allowed. Homemade cream cheese frostings may need testing. Source: NCDA&CS Home Processor.

Can I sell pickles or barbecue sauce?

Possibly. Acid and acidified foods are allowed with testing, a process authority letter and, in some cases, an acidified foods course. Source: NCDA&CS Home Processor.

What must be on a North Carolina home processor label?

The product name, the manufacturer's name and address, the net weight with the gram equivalent and the ingredients by weight, with allergens declared. Source: NCDA&CS Home Processor.

Can I use my basement or garage kitchen?

No. NCDA&CS says a kitchen separate from the home kitchen, such as in a garage, basement or separate building, is treated as a commercial business. Source: NCDA&CS Home Processor.

Official sources

• NCDA&CS, Food Program: Home Processor
• NCDA&CS, Application for Home Processor Inspection
• N.C. Gen. Stat. Chapter 106, Article 12, Food, Drug and Cosmetic Act
• NCDA&CS, Food Program: Commercial
• 21 CFR 117, Subpart B, Current Good Manufacturing Practice

This page is general information, not legal advice. Laws change, and local zoning, HOA covenants and tax obligations vary. Confirm current requirements with the NCDA&CS Food and Drug Protection Division at 984-236-4820 or [email protected], or with an attorney, before you start selling.