LegalToOpen

Cottage Food Laws in Mississippi

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

Yes. In Mississippi you can make shelf-stable foods like baked goods, candy and jams in your home kitchen and sell them without a state health permit, as long as your sales stay at or under $35,000 a year. You must package and label every item, and sell it yourself, in person, to customers in Mississippi. You can advertise online, but you cannot sell online, by mail order or to stores and restaurants.[1][3]

At a glance

Permit neededNo state health permit. Check with your city or county about a business license.[1][3]
Sales cap$35,000 a year in gross sales, counting every cottage food sale you make[1]
Foods allowedOnly foods that are safe at room temperature, even after opening: baked goods without cream, custard or meat fillings, candy, jams and jellies, dried and dry-mix foods, popcorn, and pickles and similar acidified plant-based foods[3]
TrainingNot required, but MSDH strongly encourages a food safety course, especially if you make pickles or other acidified foods[3]
Label statement"Made in a cottage food operation that is not subject to Mississippi's food safety regulations." (at least 10-point type)[1]
Where you can sellIn person, directly to customers in Mississippi. Not at wholesale, not to stores or restaurants, and not left in a store for it to sell for you (consignment).[3][1]
Online and shippingYou can advertise online and on social media, but you cannot sell or offer to sell online or by mail order. MSDH says you must be present for each sale.[1][3]
AgencyMississippi State Department of Health (MSDH), Food Protection Division: 601-576-7689[3]

Step by step

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

  1. Check that your food is allowed

    Only foods that are safe at room temperature, even after opening, are allowed. MSDH lists baked goods without cream, custard or meat fillings, candy, jams and jellies made with sugar, dried fruit and pasta, spices, dry mixes and rubs, granola, nuts, popcorn, vinegar, mustard, waffle cones and properly acidified plant-based foods such as pickles. Meat, fish, poultry, dairy, eggs (except air-dried hard-cooked eggs in the shell), drinks, low-acid canned goods and jams made with sugar substitutes are not allowed.[3][1]

  2. Make and store everything in your own home

    Make the food in the kitchen of the home where you live, whether you own or rent. You cannot use a shed, a barn or a rented kitchen. You do not need commercial equipment. Store ingredients and finished products in your home, kept free of pests, dirt and damp.[3]

  3. Check with your city or county

    You do not need a state health permit, but your city (or your county, if you live outside city limits) may require a business license or another permit. MSDH also tells you to think about taxes, zoning and insurance.[3]

  4. Package and label every item

    Every item must be packaged before sale, with a label showing: your business name and address, the name of the food, the ingredients from most to least by weight, the net weight or volume, any major allergens, nutrition facts if you make a nutrition claim, and the required statement in at least 10-point type in a color that stands out from the label background.[1][3]

  5. Sell in person, and keep sales records

    Sell directly to the customer yourself, in Mississippi. You can promote your products online and on social media, but the sale itself cannot happen online or by mail order. Keep records of your sales: MSDH can ask for written proof that you are under the $35,000 cap.[3][1]

What you can and can't sell[3]

Allowed

  • Baked goods without cream, custard or meat fillings, such as breads, biscuits, cookies, pastries and tortillas
  • Fruit pies
  • Candy, and chocolate-covered nonperishable foods such as pretzels, nuts and whole fruit (not melons)
  • Jams, jellies and preserves made with sugar
  • Dried fruit (not melons), dried pasta, dried spices and dry rubs
  • Dry baking mixes, granola, cereal, trail mixes and nut mixes
  • Popcorn, vinegar, mustard and waffle cones
  • Pickles and other acidified plant-based foods: vegetables or fruit with acid added so the finished pH is 4.6 or below

Not allowed

  • Meat, fish, poultry and smoked fish
  • Dairy products, including custard pies
  • Eggs (except air-dried hard-cooked eggs in the shell)
  • Cooked vegetables, cooked potatoes, beans, rice and nut butters
  • Drinks and other liquid foods, including fruit and vegetable juices
  • Low-acid canned foods, and canned fruits and vegetables that are not acidified
  • Jams and jellies made with sugar substitutes
  • Sliced melons, raw seed sprouts, and garlic or herbs in oil

Local rules

These places add their own requirements on top of the state rules.

Recent changes

Frequently asked questions

Can I sell my cookies on Facebook or through a website?

You can advertise on Facebook, Instagram or your own website, but you cannot sell over the internet or by mail order. MSDH says the sale must be person to person, with you present.[1][3]

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

No. You cannot sell to restaurants, convenience stores or grocery stores, at wholesale, or on consignment. A store or restaurant that sells your food can face enforcement itself.[3]

Can I sell cheesecake, cream pies or other foods that need refrigeration?

No. Only foods that stay safe at room temperature, even after opening, are allowed. Dairy products, including custard pies, and baked goods with cream or custard fillings are not cottage foods.[3]

Can I sell chocolate-covered strawberries or caramel apples?

Yes, if the fruit is whole and uncut. Coated fruit cannot have a stick pushed into it: sell caramel or candy apples intact, and let the customer add the stick after buying.[3]

Can I sell to customers in another state?

No. Mississippi cottage foods can be sold only in Mississippi, and cottage foods made in other states cannot be sold in Mississippi.[3]

Will the health department inspect my kitchen?

Only if someone complains. MSDH can investigate a complaint and inspect your home kitchen. Refusing to let them in can lead to disciplinary action.[1]

What happens if I break the rules?

MSDH treats an operation that doesn't follow the cottage food rules as an illegal food business. It can order you to stop and fine you up to $1,000.[3]

Can I cater events under the cottage food law?

No. Caterers need a retail food permit.[3]

Sources

  1. House Bill 326, 2020 Regular Session (As Sent to Governor): amending Section 75-29-951, Mississippi Code of 1972 (cottage food operations), Mississippi Legislature. Checked October 25, 2026. Internet Archive copy captured 2024-04-23 of https://billstatus.ls.state.ms.us/documents/2020/html/HB/0300-0399/HB0326SG.htm. The live legislature site could not be read by the fetcher (its server sends an incomplete TLS certificate chain). This is the enacted bill text of Section 75-29-951, not a codified copy; check the live page and the current code section before verifying.
  2. Bill history: 2020 Regular Session, House Bill 326, Mississippi Legislature. Checked October 25, 2026. Internet Archive copy captured 2025-08-22 of https://billstatus.ls.state.ms.us/2020/pdf/history/HB/HB0326.xml; the live legislature site could not be read by the fetcher (incomplete TLS certificate chain).
  3. Cottage Food Operation: Frequently Asked Questions (revised September 2023), Mississippi State Department of Health. Checked October 25, 2026.
  4. Cottage Foods, Mississippi State Department of Health. 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 Mississippi State Department of Health (MSDH), Food Protection Division or your local health department. Spotted something wrong or out of date?Report it and we will check it.