Cottage Food Laws in Hawaii
Last verified against official sources on by Amrit. How we verify
Yes. Hawaii calls cottage food "homemade food products", and you can make and sell them from your home kitchen without a Department of Health food establishment permit. Your food must be one that does not need to be kept hot or cold to stay safe (plus certain pickled, fermented or acidified plant foods). You must take a food safety course, keep a handwashing sink ready, and label everything. You can sell in person, online or by phone, ship by mail, and sell through stores and restaurants.[2][1]
At a glance
| Permit needed | No Department of Health permit[2] |
|---|---|
| Sales cap | None in the state rules[1] |
| Training | A food safety course from the Department of Health (free) or an ANSI-accredited food handler course[2][5] |
| Label statement | "Made in a home kitchen not routinely inspected by the Department of Health"[1] |
| Where you can sell | Directly to customers, at markets and events, and through stores, restaurants and other permitted food businesses[2][1] |
| Online and shipping | Allowed. You can take orders by phone or online and deliver yourself, through an agent or store, or by mail or shipping.[1] |
| Agency | Hawaii Department of Health, Food Safety Branch[3] |
Step by step
Do these in order. Each step links to the official form or page.
Check that your food qualifies
Your food must not need to be kept hot or cold to stay safe (called "time/temperature control for safety", or TCS, food). Dried meats and seafood are not allowed. Pickled, fermented or acidified foods are allowed only if they are made from plants (not melons) and have a pH of 4.2 or less or a water activity (Aw, a measure of the free water in a food) below 0.88. You are responsible for making sure your product meets those numbers. Anything with cut tomatoes, such as salsa, must be kept refrigerated at 41°F or below. If you are not sure, ask your island's Food Safety Branch office.[1][2]
Take a food safety course
Complete a food handler level food safety class from the Department of Health, or an ANSI-accredited online course. The DOH class is free and is held in person on Oahu and online over Zoom. Other providers' online courses may charge. The DOH certificate is valid for 3 years.[1][2][5]
Set up your home kitchen
The exemption covers an operation that makes only homemade food products, in a home kitchen: a kitchen designed for the people who live in the home. Keep a handwashing sink with soap available the whole time you are preparing food, and use it.[1]
Package and label every item
Package the food the way it will be sold. The label needs the required statement, the name of the food, an ingredient list in order of weight (if it has two or more ingredients), any major allergens (milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soybeans, sesame), and your name and contact information.[2][1]
Sell your food
Sell in person, by phone or online, at markets and events, or through a store, restaurant or other business that resells it. Deliver it yourself, through an agent or store, or by mail or shipping. If a market or event asks you for a Special Event permit, the Department of Health can review and sign off your application.[1][2]
What you can and can't sell[1][2]
Allowed
- Baked goods without custard or cream fillings
- Jams and jellies
- Pickles, kimchi and other pickled, fermented or acidified plant foods with a pH of 4.2 or less or a water activity below 0.88
- Salsa and other products with cut tomatoes (plant foods only), kept refrigerated at 41°F or below
- Other foods that do not need to be kept hot or cold to stay safe
Not allowed
- Foods that need to be kept hot or cold to stay safe (except refrigerated salsa and similar cut-tomato products)
- Dried meats such as beef jerky
- Seafood, including dried fish such as dried aku
- Pickled, fermented or acidified melons, and dried melons
- Dried tomatoes
- Vacuum-packed foods
- Canned foods other than jams and jellies
What it costs
| Step | Fee |
|---|---|
| Take a food safety course | Free (DOH class; ANSI-accredited courses from other providers may charge) |
| Total if every fee applies to you | $0 |
Recent changes
- : Amended Food Safety Code rules took effect, as required by Act 195 of 2024. Homemade food producers can now sell to third parties, online and wholesale, and make certain pickled, fermented or acidified plant foods.[3][4]
Frequently asked questions
Can I sell my baked goods to a coffee shop, restaurant or grocery store?
Yes. You can sell wholesale to food businesses that hold a Department of Health permit and want to resell your product. A restaurant that uses your product in a menu item or puts it on its menu must have written disclosure that it is a homemade food product, and must be able to show customers your label if asked. DOH also points out that the federal FDA does not treat homemade food as an approved source.[2]
Can I sell online and ship my products?
Yes. The rules in effect since August 24, 2025 let you take orders by phone or online and deliver by mail or shipping. The rules do not mention sales to other states. If you ship outside Hawaii, check the rules where your customer lives.[1][3]
The farmers market wants me to get a permit. Do I need one?
You don't need a Department of Health permit for homemade food, but a market or event organizer can still require a Special Event permit to take part. If so, DOH can review and sign off your application.[2]
Can I sell pickles, kimchi or salsa?
Yes, if they are made only from plants and have a pH of 4.2 or less or a water activity below 0.88. Melons are excluded. Salsa and other products with cut tomatoes must be kept refrigerated at 41°F or below. It is up to you to make sure your product meets these limits.[2][1]
Can I sell beef jerky or dried fish?
No. Dried meats and seafood are not homemade food products in Hawaii. You would need a permitted food establishment to make them.[1][2]
Will the health department inspect my kitchen?
Not routinely, which is why your label must say so. But homemade food operations are still subject to inspection under the Food Safety Code, and the department inspects in response to complaints and suspected foodborne illness outbreaks. The code's sections on embargo and detention of food, keeping sick workers from spreading disease, and penalties also still apply to you.[1]
Can I sell honey from my backyard hives under these rules?
Honey is covered by a separate state law (HRS § 328-79). DOH says the 2025 homemade food changes do not apply to home-based honey producers, who must keep following that law and may not sell to a wholesaler.[3]
Sources
- Hawaii Administrative Rules, Title 11, Chapter 50: Food Safety Code (effective August 24, 2025), searchable version, Hawaii Department of Health. Checked October 25, 2026.
- Homemade Food Products (HAR Chapter 11-50 Food Safety), Hawaii Department of Health, Food Safety Branch. Checked October 25, 2026.
- DOH Adopts Updates to Food Safety Code (news release, August 25, 2025, updated), Hawaii Department of Health. Checked October 25, 2026.
- Highlights of Approved Amendments to HAR Title 11, Chapter 50, Food Safety Code, Hawaii Department of Health, Food Safety Branch. Checked October 25, 2026.
- Food Safety Education, Hawaii Department of Health, Food Safety Branch. Checked October 25, 2026.
Related
This page is general information, not legal advice. Rules and fees change. Before you apply or start selling, confirm the details with Hawaii Department of Health, Food Safety Branch or your local health department. Spotted something wrong or out of date?Report it and we will check it.