Wyoming Cottage Food Laws

Wyoming's Food Freedom Act, W.S. 11-49-101 through 11-49-104, exempts homemade food sold to an informed end consumer from state licensing, permitting, inspection, packaging and labeling. Sales must occur only in Wyoming and may not involve interstate commerce. Producers may use designated agents, and shelf-stable foods, eggs and dairy may be sold through third-party retail shops and grocery stores with a home kitchen label. Producers are limited to 250,000 products and $250,000 in gross revenue a year. This guide covers what you can sell, how you can sell, notices and when you need a 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 Wyoming Department of Agriculture Consumer Health Services, or with an attorney, before you start selling.

Quick facts

• Homemade food sold in compliance with the act is exempt from state licensure, permitting, inspection, packaging and labeling. W.S. 11-49-103(b)
• A producer may not make more than 250,000 individual food or drink products or exceed $250,000 in gross revenue a year. W.S. 11-49-102(a)(vi)
• Transactions must occur only in Wyoming and may not involve interstate commerce. W.S. 11-49-103(c)
• Shelf-stable foods, eggs and dairy may be sold by a third-party retail shop or grocery store. W.S. 11-49-103(c)(i)
• Producers must tell consumers the food is not certified, labeled, licensed, packaged, regulated or inspected. W.S. 11-49-103(e)

What the law calls it

• Wyoming uses "homemade" food, a "producer" and an "informed end consumer." The law is called the Wyoming Food Freedom Act. W.S. 11-49-101; W.S. 11-49-102

Foods you can sell

• Homemade food and drink products, including non-potentially hazardous foods such as jams, pickled vegetables, hard candies, fudge, nut mixes, granola, dry soup mixes without meat, coffee beans, popcorn and baked goods without dairy, meat or other potentially hazardous frosting or filling. W.S. 11-49-102(a)(x)
• Potentially hazardous homemade foods may also be sold, but only by the producer or a designated agent. W.S. 11-49-103(c)(i)

Foods you cannot sell

• Meat products, with exceptions for small-flock poultry, live animals, domestic rabbit, farm-raised fish other than catfish, animal shares and certain conditions in subsection (n). W.S. 11-49-103(c)(v)

Sales limit

• 250,000 individual products and $250,000 in gross revenue a year per producer. W.S. 11-49-102(a)(vi)

Where and how you can sell

• At farmers markets, farms, ranches, the producer's home or office, a third-party seller's retail location for shelf-stable foods, eggs and dairy or any location the producer and consumer agree to. W.S. 11-49-103(c)(vi)
• Delivery: a producer's designated agent may deliver at any agreed location. W.S. 11-49-102(a)(i)
• Online: the law does not mention online sales. Transactions must still occur in Wyoming. W.S. 11-49-103(c)
• Shipping: sales must occur only in Wyoming and may not involve interstate commerce. A separate subsection says producers may also sell 'to the maximum extent permitted by federal law,' but it does not say whether that allows sales outside Wyoming. Ask the Wyoming Department of Agriculture before shipping out of state. W.S. 11-49-103(c), (m)
• Stores: shelf-stable foods, eggs and dairy may be sold by a retail shop or grocery store. Homemade food may not be served or used as an ingredient in a commercial food establishment. W.S. 11-49-103(c)(i); W.S. 11-49-103(d)

Labeling and notice rules

• No state labeling is required for direct sales, but the producer must tell the consumer the food is not certified, labeled, licensed, packaged, regulated or inspected. W.S. 11-49-103(b); W.S. 11-49-103(e)
• At a retail shop or grocery store, shelf-stable foods and dairy must be kept off shelves with licensed foods and labeled "this food was made in a home kitchen, is not regulated or inspected and may contain allergens". W.S. 11-49-103(k)
• Retail spaces selling homemade food must display a sign that it has not been inspected. W.S. 11-49-103(d)

Zoning, HOAs and local rules

• The act exempts homemade food from state requirements. Check city or county zoning and business rules. W.S. 11-49-103(b)
• Check your HOA documents, since the state does not review private covenants.

Inspections

• Homemade food is exempt from state inspection, but the Department of Health may investigate foodborne illness, and producers may request inspection. W.S. 11-49-103(g); W.S. 11-49-103(j)

When you need a license instead

• Sales outside Wyoming, sales above the limits and food served in a commercial food establishment require licensed production. W.S. 11-49-102(a)(vi); W.S. 11-49-103(d)

Timeline

• 2015: the Legislature enacted the Wyoming Food Freedom Act, creating W.S. 11-49-101 through 11-49-103 (HB 0056, Enrolled Act No. 77). 2015 HB 0056
• 2017: Laws 2017, ch. 111 amended the act. W.S. 11-49-103
• 2020: Laws 2020, ch. 69 amended the act. W.S. 11-49-103
• Oct. 13, 2026: this page was last reviewed against the Wyoming Statutes.

Frequently asked questions

Do I need a license to sell homemade food in Wyoming?

No, if you sell under the Food Freedom Act to an informed end consumer. Source: W.S. 11-49-103(b).

Is there a sales cap in Wyoming?

Yes. 250,000 products and $250,000 in gross revenue a year. Source: W.S. 11-49-102(a)(vi).

Can I ship homemade food from Wyoming?

Not out of state. Sales must occur only in Wyoming. Source: W.S. 11-49-103(c).

Can I sell homemade food online in Wyoming?

The law does not mention online sales, but sales must occur in Wyoming. Source: W.S. 11-49-103(c).

Can I sell to grocery stores?

Yes, for shelf-stable foods, eggs and dairy, with the required label. Source: W.S. 11-49-103(c)(i).

Can I sell to restaurants?

No. Homemade food may not be used in a commercial food establishment. Source: W.S. 11-49-103(d).

Can I sell cheesecake or cream pies?

Yes, but only directly or through a designated agent, not through a store. Source: W.S. 11-49-103(c)(i).

Do I need a label in Wyoming?

Not for direct sales, but you must inform the buyer. Store sales need the home kitchen label. Sources: W.S. 11-49-103(e); W.S. 11-49-103(k).

Can I sell homemade jerky?

Generally no. Meat products are banned except for listed exceptions. Source: W.S. 11-49-103(c)(v).

Official sources

• Wyoming Legislature: 2015 HB 0056
• Wyoming Statutes Title 11 (W.S. 11-49-101 to 11-49-104)

This page is general information, not legal advice. Laws change, and local zoning, HOA and tax rules vary. Confirm current requirements with the Wyoming Department of Agriculture Consumer Health Services, or with an attorney, before you start selling.