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Cottage Food Laws in Kentucky

Last verified against official sources on by Amrit. How we verify

Yes. Kentucky calls it being a "home-based processor": you can make foods that do not need refrigeration, such as bread, cakes, cookies, fruit pies, candy and jams, in your own home and sell them, as long as your gross income from those sales is $60,000 a year or less. You must register with the state Food Safety Branch each year ($50), label every product, and sell only directly to customers in Kentucky. Pickles, salsa and other acidified foods, and low-acid canned foods such as canned vegetables, are not allowed under this route.[1][2]

At a glance

Permit neededA yearly registration with the state Food Safety Branch (form DFS-250)[2]
Fee$50 a year[2]
Sales cap$60,000 a year in gross income from sales[1]
Who can do itKentucky residents, in their own home kitchen[2][1]
Label statement"This product is home-produced and processed" in 10-point type, plus the date it was made[1]
Where you can sellDirectly to customers in Kentucky: from home, by delivery, at markets, roadside stands, community events, or online[1]
Not allowedPickled and other acidified foods, low-acid canned foods, cream-filled and custard pies, meringue-topped pies, cheesecake, cream, custard or meringue pastries, raw sprouts, garlic-in-oil and pureed baby food[1][2]
AgencyKentucky Department for Public Health, Food Safety Branch[2]

Step by step

Do these in order. Each step links to the official form or page.

  1. Check that you and your kitchen qualify

    You must live in Kentucky and make the food in your primary home. The home can have no more than two ranges, ovens or double ovens and three refrigerators, all made for home use rather than commercial use and used in the kitchen. Your gross income from selling the products must stay at or under $60,000 a year.[2][1]

  2. Check that your food is allowed

    Foods that do not need refrigeration to stay safe are allowed, such as bread, cakes, cookies, fruit pies, pecan pies, jams, jellies, preserves, fruit butter, dried herbs and spices, nuts, dried grains, granola, trail mix, popcorn, maple syrup and sweet sorghum syrup, and dried or freeze-dried whole fruit and vegetables. Candy is allowed if it has no added alcohol and is made without bare-hand contact. Pickles, salsa and other acidified foods, and low-acid canned foods, are not allowed, and neither are cream-filled or custard pies, custard, meringue-topped pies, cream, custard or meringue pastries, cheesecake, raw seed sprouts, garlic-in-oil products and pureed baby food.[1][2]

  3. Register with the Food Safety Branch

    Fill in form DFS-250, Application for Home-based Processor, with your name, the address where you will make the food, and a list of the products you will make. Get the form from the Kentucky Food Safety Branch or your county's University of Kentucky Extension office, and send it with the $50 fee. Registration lasts one year and ends on March 31; renew each year with a new DFS-250 and another $50.[2][1]

    Fee: $50 (per year)

  4. Follow the kitchen rules while you work

    Wash your hands often, and clean and sanitize surfaces and utensils before each use. While you are making food for sale, keep children under 12 and pets out of the kitchen, and do no family cooking, dishwashing or laundry there. Do not make food while you have a contagious illness.[2]

  5. Package and label every item

    Use clean containers, and put rigid metal lids on glass jars of jam, jelly and similar products. Each label needs your business name and address, the name of the food, the ingredients from most to least by weight, the net weight or count, any major allergens, the date it was made, and the statement "This product is home-produced and processed" in 10-point type. Food without a correct label is legally "misbranded", and only correctly labeled food qualifies for the home-based processor exemption.[1][2]

  6. Sell directly to your customers in Kentucky

    You can take orders and payment in person, by phone or online. Hand the food to the customer at your home, deliver it, or sell at flea markets, farmers markets, festivals, county and craft fairs, non-profit charity events and roadside stands. Keep your yearly gross income from sales at or under $60,000.[2][1]

What you can and can't sell[1][2]

Allowed

  • Bread, cakes, cookies and fruit pies
  • Pecan pies
  • Candy made without alcohol and without bare-hand contact
  • Jams, jellies, preserves and fruit butter
  • Maple syrup and sweet sorghum syrup
  • Dried herbs, spices, nuts and dried grains
  • Dried or freeze-dried whole fruit and vegetables
  • Granola, trail mix and popcorn

Not allowed

  • Acid foods, acidified foods (such as pickles and salsa) and low-acid canned foods
  • Cream-filled pies, custard and custard pies
  • Pies with meringue topping
  • Cheesecake
  • Cream, custard or meringue pastries
  • Raw seed sprouts
  • Garlic-in-oil products
  • Pureed baby food
  • Foods that need refrigeration to stay safe

What it costs

StepFee
Register with the Food Safety Branch$50 (per year)
Total if every fee applies to you$50

Recent changes

Frequently asked questions

Can I sell pickles, salsa or canned vegetables?

Not as a home-based processor. Those foods are only allowed for a "home-based microprocessor": a Kentucky farmer who grows the main ingredients, completes a food processing school, has each recipe approved by a processing authority such as the University of Kentucky, and is certified by the state. Microprocessors sell at farmers markets, certified roadside stands or from their farm.[1][2]

Can I sell cheesecake or cream pies?

No. Cheesecake, cream-filled and custard pies, meringue pies and cream or custard pastries are on the state's not-allowed list.[2]

Can I sell online or ship to other states?

You can take orders and payment online, but sales must be directly to customers in Kentucky, by pick-up or delivery. Sales to other states are not allowed. The law does not say whether mailing within Kentucky counts as delivery, so ask the Food Safety Branch before you ship.[2][1]

Can I sell my baked goods to a coffee shop or store to resell?

Not for resale. The law says home-processed food may only be sold directly to consumers, so selling to a shop that resells it is not allowed. The same section also says these foods "may be used in preparing and serving food", which the law does not explain; ask the Food Safety Branch before selling to a café or restaurant that would use your food as an ingredient.[1]

Do I have to grow my own ingredients?

No, not as a home-based processor. Only home-based microprocessors (farmers making canned and pickled foods) must grow the main ingredients.[2]

Will the health department inspect my kitchen?

The state may inspect your kitchen once a year, and will inspect if someone complains. It can also test and inspect your products if they are mislabeled or adulterated (unsafe or contaminated), or if a customer complains, and can stop your production if there is an imminent health hazard.[1][2]

Can I make lard or tallow products, such as soap or skin balms?

Since SB 73 of 2026, "pork lard or tallow-based cosmetic products" can be made at home under the same home-based processor rules, including the label and registration. Soap is a different matter: Kentucky's food and cosmetics law says the word "cosmetic" does not include soap, so these rules do not cover soap. Ask the Food Safety Branch what applies to soap.[1]

Sources

  1. 2026 Ky. Acts ch. 52 (SB 73): An act relating to animal agriculture (amends KRS 217.015 and 217.136), Kentucky General Assembly, Legislative Research Commission. Checked October 25, 2026. The enacted bill, which reprints KRS 217.015 and 217.136 in full as amended. The codified KRS pages (apps.legislature.ky.gov/law/statutes/statute.aspx?id=57381 and id=57382) serve PDFs the quote checker cannot read; compare against them before verifying.
  2. 902 KAR 45:090. Home-based processors and farmers market home-based microprocessors, Kentucky Legislative Research Commission. Checked October 25, 2026.

This page is general information, not legal advice. Rules and fees change. Before you apply or start selling, confirm the details with Kentucky Department for Public Health, Food Safety Branch or your local health department. Spotted something wrong or out of date?Report it and we will check it.