Ohio has two ways to sell food baked at home. A cottage food production operation makes foods that are not potentially hazardous, from a set list, in the person's home without a license. A home bakery is licensed and inspected by the Ohio Department of Agriculture, or ODA, and may also make potentially hazardous bakery products such as cheesecakes and cream pies.

Sources: Ohio Rev. Code 3715.01(A)(19); Ohio Rev. Code 911.02; ODA Home Bakery

License or permit

A cottage food operation needs no ODA license and is not inspected, but ODA may sample its products, and the operator may not refuse. A home bakery must be licensed and inspected by ODA. The fee is $10 a year, and the statute calls it a registration. Local zoning and HOA rules may still apply.

Sources: Ohio Rev. Code 3715.021(A)(1); Ohio Adm. Code 901:3-20-03, 901:3-20-05(D); Ohio Rev. Code 911.02; ODA Home Bakery

Sales cap

No sales cap was found in the cottage food statute or ODA rules.

Sources: Ohio Rev. Code 3715.025; Ohio Adm. Code chapter 901:3-20

What you can sell

A cottage food operation may make only the 20 items on the ODA list. They include non-potentially hazardous bakery products, jams, jellies, candy, fruit butters, fruit chutneys, granola, popcorn and kettle corn, unfilled baked doughnuts, waffle cones, pizzelles, snack mixes, roasted coffee, dry baking mixes, dry herbs, dry seasoning blends, dry soup mixes and dry tea blends. A licensed home bakery may also make potentially hazardous bakery products that need refrigeration, such as cheesecakes, cream pies, custard pies and pumpkin pies.

Sources: Ohio Adm. Code 901:3-20-04(A); ODA Home Bakery

What you cannot sell

A cottage food operation may not make potentially hazardous foods, acidified foods, low-acid canned foods or any food not on the ODA list. Candy made with fresh fruit, such as chocolate-covered strawberries, is not allowed, and cottage foods may not be packed in reduced oxygen packaging such as vacuum packs. ODA names raw or cooked animal products, cooked vegetables, garlic in oil, cheesecakes, pumpkin pies, custard pies and cream pies as potentially hazardous.

Sources: Ohio Rev. Code 3715.025(A); Ohio Adm. Code 901:3-20-04, 901:3-20-05(A), (B), (E); ODA Cottage Foods

How you can sell

Cottage foods may be sold only in Ohio. ODA says they may be sold directly to consumers from the home where they are made, through grocery stores, registered farm markets, farmers markets and restaurants, and at festivals a political subdivision organizes for no more than seven consecutive days. Online sales are not on that list, so ask ODA before taking orders online. ODA says licensed home bakeries may also sell outside Ohio.

Sources: Ohio Adm. Code 901:3-20-05(F); Ohio Rev. Code 3715.023(B); ODA Cottage Foods; ODA Home Bakery

Labels

A cottage food label must show the name and address of the business, the name of the product, the ingredients in descending order of predominance by weight, the net weight and volume and the statement "This product is home produced." in 10-point type. It must also meet federal labeling rules. ODA says home bakery labels must also say "Keep Refrigerated" on items that need refrigeration and carry a sale date on products that lose quality in 30 days or less.

Sources: Ohio Rev. Code 3715.023(A); Ohio Adm. Code 901:3-20-02(A); ODA Home Bakery

Read the full Ohio cottage food law guide and FAQs

Ohio cottage food makers

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