Cottage Food Laws in Kansas
Last verified against official sources on by Amrit. How we verify
Yes. Kansas has no separate cottage food law, but its food law lets you make and sell food from your home kitchen without a state food license, as long as the food does not need to be kept hot or cold for safety or need a special process (the Kansas Department of Agriculture decides which foods qualify), and you sell it directly to the person who will eat it. You can sell at farmers markets, craft shows and online, but not to stores or restaurants for resale. You still need to follow the state's sanitation rules for exempt food businesses, label packaged food and get a sales tax certificate.[1][3][2]
At a glance
| Permit needed | No state food license for shelf-stable foods that need no special process, sold directly to customers. Foods that must be kept hot or cold for safety need a KDA license.[1][3] |
|---|---|
| Sales cap | None in the law[1] |
| Kitchen rules | The state's sanitation rule for exempt food businesses applies: protect food areas from rain, dust and pests; clean, rinse and sanitize surfaces and utensils; no animals in the kitchen; no bare-hand contact with ready-to-eat food; wash hands; no working with food while sick. Well water must be tested and a septic system approved.[2] |
| Labels | On packaged food: product name, the name and physical address of the maker or seller, ingredients (with allergens named) and quantity. No "homemade" warning is required.[3] |
| Where you can sell | Directly to customers: farmers markets, festivals, bazaars, craft shows and similar events. Not to stores or restaurants, at a craft mall where you leave the product, or on consignment (fresh whole produce, mushrooms and herbs are the exception).[3] |
| Online and shipping | Allowed. You can sell online and ship to the customer's home or deliver it yourself.[3] |
| Fee | No food license fee for exempt foods. A KDA license, with its fees, is needed only for foods that are not exempt.[1] |
| Agency | Kansas Department of Agriculture (KDA), Food Safety and Lodging program[3] |
Step by step
Do these in order. Each step links to the official form or page.
Check that your food does not need a license
Shelf-stable foods that need no special process are exempt: most baked goods, candy and fudge, fruit jams and jellies, dry mixes, nuts and nut butters, and similar foods. Foods that must be kept hot or cold for safety (cheesecake, cream pies, custards, pumpkin pie, quiche) and foods that need a special process (pickles, hot sauces, fermented foods, low-acid canned goods) need a KDA license. Licensed products cannot be made in a regular home kitchen. Some foods, such as pecan pie, meringue cookies and powdered-sugar icing, must be lab tested to decide.[3]
Keep your kitchen sanitary
Even without a license, the state's sanitation rule for exempt food businesses applies. Protect food preparation areas from rain, dust and pests. Clean, rinse and sanitize cutting boards, utensils and dishes before you start and as needed, using hot drinkable water and a bleach solution or a food-contact sanitizer. Keep animals out of food preparation areas, do not touch ready-to-eat food with bare hands, and wash your hands before working with food. Do not work with food if you have vomiting, diarrhea or certain other symptoms or illnesses. If your water comes from a private well or spring it must meet local testing rules (or, where there are none, be tested at least once a year), and a septic system must be approved by the Kansas Department of Health and Environment or the county sanitarian.[2]
Get a Kansas retail sales tax certificate
Every vendor needs a retail sales tax certificate from the Kansas Department of Revenue. If you run the business on your own as a sole proprietor, you do not need to register it with the Secretary of State.[3]
Package and label your food
Packaged food needs a label with the common name of the product, the name and physical address of the person who made or is selling it, the ingredients in order of weight (with the nine major allergens named in plain words, for example "casein (milk)"), and the quantity. Baked goods should be portioned and pre-packed in clean, sealed packaging. You do not have to say the food is homemade or uninspected, but you can.[3]
Sell directly to your customers
Sell at farmers markets, festivals, bazaars, craft shows, through a CSA, or online with shipping or your own delivery. Do not sell to restaurants, stores or craft malls, or on consignment: that counts as wholesale and needs a KDA license. Check your farmers market's own rules too, since they can be stricter than the state's.[3]
What you can and can't sell[4][3]
Allowed
- Baked goods such as cookies, breads, cakes, cinnamon rolls, fruit pies and fruit cobbler
- Homemade candy, caramels, toffee and fudge
- Fruit jams and jellies and apple butter (reduced-sugar or no-sugar versions need a product assessment)
- Dry baking mixes such as cookie or brownie mix
- Nuts and nut butters, honey (honey infused with foods that need temperature control needs a license), dried egg noodles, loose-leaf or bagged tea and spices
- Fresh fruits, vegetables and herbs
Not allowed
- Cheesecake, cream or meringue pies, custards, pumpkin pie, quiche, and cream-filled cupcakes or donuts
- Pickles, hot sauces, lemon curd and other acidified foods
- Fermented foods such as sauerkraut, kimchi and kombucha
- Low-acid canned foods such as canned vegetables and cake or bread baked in a jar
- Other foods that must be kept hot or cold for safety
Frequently asked questions
Does Kansas have a cottage food law?
Not by that name. Kansas covers home food sales in its general food law: a person who sells food directly to the end consumer does not need a food license if the food does not need temperature control or a special process.[3][1]
Can I ship my cookies to customers?
Yes. Kansas guidance says the license exemption also covers exempt foods sold online and shipped to the customer's home, or delivered by you. It does not address shipping to other states.[3]
Can I sell my baked goods in a coffee shop or store?
Not without a license. Selling to a restaurant, grocery store or other business that resells your food, leaving products at a craft mall, or selling on consignment all need a KDA food license (usually a food processing license). Only fresh, whole fruits, vegetables, cultivated mushrooms and herbs can be sold to businesses without one.[3]
Can I sell cheesecake or other foods that need refrigeration?
Not as a regular home business. Cheesecake, cream pies, custards, pumpkin pie and quiche need a KDA Food Establishment license, and products that need a license cannot be made in a regular home kitchen. The law separately exempts a food business that operates for less than seven days in a calendar year, and the K-State guide marks these baked goods as allowed without a license if sold on 6 or fewer days a year. Ask KDA before relying on that.[3][1]
Can I use cream cheese frosting?
Only if the frosting is known to be more than 65% sugar by weight. Otherwise it must be tested to decide whether you need a license.[4]
Do I have to put my home address on the label?
Kansas guidance lists the name and physical address of the person who made or is selling the product as a label requirement for packaged food.[3]
Will the state inspect my kitchen?
Not routinely, since you do not need a license. But being exempt from a license does not exempt you from inspection or enforcement if a violation is seen or reported to KDA.[1]
Can I hand out free samples?
Yes. Free samples given to promote a food do not need a license, and there is no limit on how often you offer them at a farmers market.[1][3]
Sources
- K.S.A. 65-689: Food establishments and food processing plants; license requirements, fees, inspections; exceptions, Kansas Office of Revisor of Statutes. Checked October 25, 2026.
- K.A.R. 4-28-33: Sanitation and hygiene requirements for exempt food establishments, Kansas Department of Agriculture (Kansas Administrative Regulations). Checked October 25, 2026. Read on the Cornell LII copy of the Kansas Administrative Regulations. The official copy (sos.ks.gov/publications/pubs_kar_Regs.aspx?KAR=4-28-33) blocked automated reading (HTTP 403); check it before verifying.
- MF3138: Foods Sold Directly to Consumers in Kansas: Regulations and Food Safety Best Practices (revised January 2026), Kansas State University Research and Extension. Checked October 25, 2026. State university extension guide, not a KDA page. The KDA Food Safety and Lodging pages blocked automated reading (HTTP 403); compare with KDA's own guidance before verifying.
- MF3729: Simplified Guide for Unlicensed Foods Sold Directly to Consumers (January 2026), Kansas State University Research and Extension (reviewed by KDA Food Safety and Lodging). Checked October 25, 2026. State university extension guide, not a KDA page; KDA's own pages blocked automated reading.
Related
- Cottage Food Laws in Colorado
- Cottage Food Laws in Missouri
- Cottage Food Laws in Nebraska
- Cottage Food Laws in Oklahoma
- Cottage Food Laws by State
This page is general information, not legal advice. Rules and fees change. Before you apply or start selling, confirm the details with Kansas Department of Agriculture (KDA), Food Safety and Lodging program or your local health department. Spotted something wrong or out of date?Report it and we will check it.