570 East Woodrow Wilson ● Post Office Box 1700 ● Jackson, MS 39215-1700
601-576-8090 ● 1-866-HLTHY4U ● www.HealthyMS.com
Equal Opportunity in Employment/Services
Cottage Food Operation: Frequently Asked Questions
Revised September 2023
1. What are Cottage Food Products?
Cottage Food products are specific types of foods that you make in the kitchen of your
private home. Not all food products can be sold as Cottage Food products. They must be
non-potentially hazardous foods that do not require time and/or temperature controls for
safety. You must also store your Cottage Food products in your home following safe food
handling guidelines outlined in the U.S. FDA Retail Food Code to prevent adulteration
caused by insects, household chemicals, water damage, unsanitary conditions, etc.
2. What is “private home?”
This is the place where you live, whether you own the home or are renting. So, a house, an
apartment, condominium, or a rental home all could be a private home.
3. Is there a limit to how much I can sell as a Cottage Food Operator?
Yes. You are limited in the amount of sales you can have selling Cottage Foods,
which is $35,000 in gross annual sales.
4. Am I limited to the types of Cottage foods I produce in my home?
Yes. Only non-potentially hazardous foods that do not require time and/or temperature
control for safety, can be safely kept at room temperature, do not require refrigeration
even after opening, and have not been found by FDA to support the growth of
pathogens. The following is a list of foods approved for sale by a Cottage Food operation:
• Baked goods without cream, custard, or meat fillings, such as breads, biscuits, cookies,
pastries, and tortillas.
• Candy
• Chocolate-covered nonperishable foods, such as pretzels, nuts, and fruit (except
for melons).
• Dried fruit (except for melons)
• Dried pasta
• Dried spices
• Dry baking mixes
• Granola, cereal, and trail mixes
• Dry rubs
• Fruit pies
570 East Woodrow Wilson ● Post Office Box 1700 ● Jackson, MS 39215-1700
601-576-8090 ● 1-866-HLTHY4U ● www.HealthyMS.com
Equal Opportunity in Employment/Services
• Jams, jellies, and preserves that comply with the standard described in part 150 of
Title 21 of the code of Federal Regulations:
http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/cfrsearch.cfm?cfrpart=150&
sho wfr=1&subpartnode=21:2.0.1.1.29.2
• Nut mixes
• Popcorn
• Vinegar and mustard
• Waffle cones
• Acidified products which meet the definition as stated in part 114 of Title 21 of the
Code of Federal Regulations:
“(b)Acidified foods means low-acid foods to which acid(s) or acid food(s) are added;
these foods include, but are not limited to, beans, cucumbers, cabbage, artichokes,
cauliflower, puddings, peppers, tropical fruits, and fish, singly or in any combination. They
have a water activity (aw) greater than 0.85 and have a finished equilibrium pH of
4.6 or below. These foods may be called, or may purport to be, ‘pickles’ or ‘pickled (your
product).’ Carbonated beverages, jams, jellies, preserves, acid foods (including such foods
as standardized and non-standardized food dressings and condiment sauces) that contain
small amounts of low-acid food(s) and have a resultant finished equilibrium pH that does
not significantly differ from that of the predominant acid or acid food… are excluded from
the coverage of this part.”
5. Where can I find the Regulation of cottage food operations?
Miss. Code Ann. § 75-29-951
You can also call the MSDH Food Protection Division at 601-576-7689 and we’ll be glad
to email, fax, or mail you a copy.
6. Do I have to replace my home equipment, stove, and/or refrigerator with
commercial grade units?
No. As a Cottage Food operator, you are not required to provide equipment that meets
commercial standards to make cottage food products.
7. Why are some products not allowed to be made and sold under the Cottage Food
Bill?
The Cottage Food bill allows food entrepreneurs to operate small food businesses and
produce a variety of food products that are low risk from a food safety standpoint, if
prepared properly in a private home kitchen, while protecting public health to the greatest
extent possible. The allowable products list is based on the food safety risk level associated
with certain types of food. People who operate a licensed and inspected retail food facility
have to meet certain requirements for training, food safety, and handling. Since Cottage
Food operations are not inspected, it is necessary to limit food products allowed to those
that are considered low risk, or non-potentially hazardous.
570 East Woodrow Wilson ● Post Office Box 1700 ● Jackson, MS 39215-1700
601-576-8090 ● 1-866-HLTHY4U ● www.HealthyMS.com
Equal Opportunity in Employment/Services
Foods NOT allowed include, but are not limited to: meat, fish, poultry, dairy products
(including custard pies), eggs (other than air-dried hard cooked eggs with intact shell),
cooked vegetables, raw seed sprouts, sliced melons, garlic and other fresh herbs in oil,
cooked potatoes, legumes, beans, nut butters, fruit/vegetable juices, and rice. They also
include low-acid canned foods (vegetables, meats and seafood, others with pH >4.6),
smoked fish, pasteurized and pre-cooked foods.
8. Do I have to put a label on my Cottage Foods?
Yes. The label must include all of the following:
• The name and address of the cottage food operation
• The name of the cottage food product
• The ingredients of the cottage food product, in descending order of predominance
of weight
• The net weight or volume of the cottage food product
• Allergen information as specified by federal labeling requirements
• If any nutritional claim is made, appropriate nutritional information as specified
by federal labeling requirements
• The following statement printed in at least ten-point type in a color that provides a
clear contrast to the background of the label: “Made in a Cottage Food operation
that is not subject to Mississippi’s food safety regulations.”
9. What does “allergen information as specified by federal labeling requirements”
mean?
It means you must identify if any of your ingredients are made from one of the following
food groups: milk, eggs, wheat, peanuts, soybeans, fish, shellfish, tree nuts, and sesame.
So, if you have an ingredient made with a wheat-based product, you have two options:
• Include the allergen in the ingredient list. For example, a white bread with the
following ingredient listing: ‘whole wheat flour’, meets the requirement of federal
law.
• Include an allergen statement (“Contains”) after the ingredient list. For example, a
white bread, with the following ingredients: whole wheat flour, water, sodium
caseinate, salt, yeast. Contains wheat and milk.
10. Are there any specific requirements for tree nuts labeling for allergens?
Yes. If your Cottage Food has tree nuts as an ingredient you must identify which tree nut
you are using. For example, if you made Nut Bread, an acceptable ingredient list would be:
Ingredients: wheat flour, water, almonds, salt, yeast.
The following would NOT be acceptable:
Ingredients: flour, water, nuts, salt, yeast.
11. Do I have to have any training or certificates to become a cottage food operator?
Training and certification is highly encouraged for general food safety education and for
acidified canned foods. We especially encourage the courses if you will be making
570 East Woodrow Wilson ● Post Office Box 1700 ● Jackson, MS 39215-1700
601-576-8090 ● 1-866-HLTHY4U ● www.HealthyMS.com
Equal Opportunity in Employment/Services
acidified or pickled products. Improper acidification can lead to botulism, which has a very
high fatality rate. Improperly acidified/processed “home” acidified foods are the source of
most foodborne outbreaks of this category of foods.
12. Am I required to send my Cottage Food products to a laboratory to obtain an
official ingredient list?
Typically, no. If a complaint is received and there are serious doubts as to the accuracy of
the ingredients list, laboratory testing may be required. Acidified foods processors are
strongly encouraged to send samples for analysis (Mississippi State University offers this
service) and for consultations.
13. Will my home kitchen be subject to inspections by the Health Department?
An inspection will only be conducted if a complaint is received that adulterated or otherwise
unsafe food has been produced by the Cottage Food operation. Laboratory confirmation
may be required.
14. Can I make Cottage Food products in an outbuilding on my property (e.g. a
shed or a barn) or a rented kitchen?
No. Cottage Food products are required to be made in your home kitchen and stored in
your single-family domestic residence.
15. Where can I store ingredients and finished products for my Cottage Food
business?
Ingredients and finished Cottage Food products may be stored in your private home where
the cottage foods are made. This includes your kitchen or attached rooms within the home
that are used exclusively for storage. All rooms used for food storage must be free of insects
and rodents, free of dirt, dampness/water, and free of other environmental sources of
contamination.
16. Can I sell my Cottage Food product in another state?
No. Cottage Food products may be sold only in Mississippi. Likewise, Cottage Foods made
in other states may not be sold in Mississippi.
17. Can I advertise my Cottage Food product on the Internet?
HB 326 (effective July 1, 2020) updated the Cottage Food Law to allow a Cottage Food
operation to advertise Cottage Food products over the internet, including through social
media. Sales must be directly from the producer to the end consumer.
18. Will I need any other permit or licenses for my Cottage Food operation?
You may. Check with your city, or county if you are outside the city limits, where your
private home is located to determine if a business license or other permit is required. Other
570 East Woodrow Wilson ● Post Office Box 1700 ● Jackson, MS 39215-1700
601-576-8090 ● 1-866-HLTHY4U ● www.HealthyMS.com
Equal Opportunity in Employment/Services
things to take into consideration include taxes, zoning, and insurance.
19. Can I sell my Cottage Food products to a restaurant, convenience store or grocery
store?
No. The sale of Cottage Food products at wholesale or to a retail food establishment is
prohibited.
20. Can I place my Cottage Food products in a store or restaurant on consignment?
No. The sale must be from the Cottage Food producer to the actual customer (person to
person). You must be present to sell your food. Cottage Foods may not be sold with or
associated with a regulated food business. The regulated Food Establishment will be
subject to enforcement.
21. Can I operate as a caterer under the Cottage Food Law?
No. A retail permit is required for caterers.
22. Are beverages or other liquid foods Cottage Food products?
No. Cottage Food kitchens are not subject to inspection therefore the water used to make
liquid foods cannot be verified as a potable water source.
23. Are canned fruits and vegetables Cottage Food products?
No. Only acidified canned plant-based foods are allowed. Acidified plant-based foods
have a pH of 4.6 or less.
24. Are sugar free or reduced sugar jams/jellies Cottage Food products?
No. Jams / jellies that are made with sugar substitutes are not Cottage Foods.
25. Can I sell chocolate covered strawberries or caramel apples as a Cottage Food
product?
Yes. Whole uncut fruit dipped in chocolate, or a sweet coating is allowed. Chocolate
covered or candy-coated fruits cannot be punctured with any type of stick or other
instrument used for holding the coated fruit. For example, caramel or candied apples must
be sold intact and the consumer inserts the stick after the purchase.
26. Is there a penalty for violating the Mississippi Regulation of Cottage Food
Operations?
Yes. Operations not following the regulation are considered illegal food establishments or
manufacturers. Illegal operations are subject to enforcement to cease operations and a
monetary fine up to $1000.00.
