Cottage Food Laws in New Hampshire
Last verified against official sources on by Amrit. How we verify
Yes. New Hampshire calls home food businesses "homestead food operations." You need no state license to sell foods that are safe at room temperature, such as bread, cookies, candy and jams, from your home, your own farm stand, at farmers markets or at a retail food store, as long as every item is packaged and labeled. To sell to restaurants, online, by mail order or to wholesalers, you need a $150 homestead food license from the state health department (DHHS). Foods that need refrigeration are not allowed, with or without a license. In the 15 cities and towns that do their own food inspections, check with the town whether you need a local license.[4][1]
At a glance
| Permit needed | No state license for sales from home, your farm stand, farmers markets or retail food stores. A homestead food license for restaurants, online, mail order or wholesale. In 15 self-inspecting towns, ask the town.[1] |
|---|---|
| Fee | No state fee if you are exempt. $150 for a new homestead food license.[1][3] |
| Foods allowed | Foods that are safe at room temperature: baked goods, double-crust fruit pies, candy and fudge, dry mixes and spices, vinegars and mustards, jams and jellies[4] |
| Label statement | Exempt: "This product is exempt from New Hampshire licensing and inspection." Licensed: "This product is made in a residential kitchen licensed by NH DHHS." At least 10-point type.[4][2] |
| Where you can sell | Without a license: your home, your own farm stand, farmers markets and retail food stores. With a license: also restaurants and other retail food establishments, online, mail order, wholesalers and distributors.[4] |
| Online and shipping | Only with a homestead food license[2] |
| Where you make it | Your own home kitchen only. Not a rented kitchen, shed, barn or garage.[2] |
| Agency | NH Department of Health and Human Services, Food Protection Section[3] |
Step by step
Do these in order. Each step links to the official form or page.
Check that your food is allowed
You can only make foods that are safe at room temperature (the state calls the others "potentially hazardous" or TCS foods, short for "time and temperature control for safety"). Allowed foods are baked goods, double-crust fruit pies, candy and fudge, packaged dry products such as spices and herbs, acid foods such as vinegars and mustards, and jams and jellies. Anything that needs refrigeration is not allowed. Some moist quick breads, such as zucchini, pumpkin or banana bread, may count as potentially hazardous, and baked goods may not be decorated or garnished with fresh fruit or vegetables. If you are unsure, DHHS will help you decide.[4][2][1]
Decide whether you need a license
If you sell only from your home, your own farm stand, at farmers markets or at a retail food store, you do not need a state license, but you must still follow the same kitchen sanitation standards as licensed operations. If you want to sell to restaurants, online, by mail order or to wholesalers, brokers or distributors, you need a homestead food license. If you live in Bedford, Berlin, Claremont, Concord, Derry, Dover, Exeter, Keene, Manchester, Merrimack, Nashua, Plaistow, Portsmouth, Rochester or Salem, the town issues food licenses instead of the state, so ask your town whether you need one.[1][4][3]
Apply for a homestead food license, if you need one
Send the Application for New Homestead Food Operation License to DHHS at least 30 days before you plan to start, with the $150 fee, a full list of your products, a sample of your finished labels, and, if you are on a private well, a lab test of your water for bacteria, nitrates and nitrites dated within the last six months. For jams and jellies not made exactly from the National Center for Home Food Preservation's recipes, and for other jarred foods such as sauces and mustards, include a process review: a written finding from a food processing authority that your recipe and method are safe. After DHHS processes the application, it emails you your inspector's contact details so you can schedule an inspection of your kitchen before you start.[3][2]
Package and label every item
Every item must be sold in a package with its own label, whether or not you are licensed. The label needs the business name, address (your physical address or an active email address, not a P.O. box), phone number, the name of the food, all ingredients from most to least by weight, any major allergens, and a batch number or date made. Add the required statement in at least 10-point type, in a color that stands out from the background: "This product is exempt from New Hampshire licensing and inspection" if you are exempt, or "This product is made in a residential kitchen licensed by NH DHHS" if you are licensed. Licensed operations must also show the net weight, volume or count in both U.S. and metric units, and a product code with the date made, container size and batch number. Hand-printed labels are fine if they are clear, in permanent ink and large enough to meet the type size.[4][2][3]
Check with your town and your market
Ask your town about zoning and any local rules for a home business. A farmers market can set its own rules and may ask vendors for a food license even when the state does not require one.[2]
What you can and can't sell[4][1][2]
Allowed
- Breads, rolls, muffins, cookies, brownies and cakes (some moist quick breads may not qualify; see below)
- Double-crust fruit pies
- Candy and fudge, including hard candy and freeze-dried candy
- Packaged dry products such as spices, herbs and dry bread mixes
- Acid foods such as vinegars and mustards
- Jams and jellies
- Roasted coffee beans and ground coffee
Not allowed
- Any food that needs refrigeration, such as cheesecake, pumpkin pie, custards, soups and sandwiches
- Moist quick breads such as zucchini, pumpkin or banana bread may count as potentially hazardous; ask DHHS
- Baked goods decorated or garnished with fresh fruit or vegetables
- Low-acid canned foods such as canned gravy or some canned vegetables
- Meat, including dried meat and jerky
- Pickles, salsa and other processed acidified foods, unless DHHS has licensed you and approved the recipe (see the FAQ)
- Bottled drinks such as iced tea, lemonade, juice and apple cider
- Dehydrated or freeze-dried fruits and vegetables
- Uncooked bread or pizza dough and live sourdough starter
- Pumpkin butter
- Pet treats (regulated by the NH Department of Agriculture)
Local rules
These places add their own requirements on top of the state rules.
- Bedford, Berlin, Claremont, Concord, Derry, Dover, Exeter, Keene, Manchester, Merrimack, Nashua, Plaistow, Portsmouth, Rochester and Salem: These 15 "self-inspecting" communities issue their own food licenses. Check with the town's health officer before you start, even if you plan to sell only where the state would not require a license.[3][1]
What it costs
| Step | Fee |
|---|---|
| Apply for a homestead food license, if you need one | $150 (licensed homestead operations only) |
| Total if every fee applies to you | $150 |
Frequently asked questions
Can I sell my baked goods in a local store or coffee shop?
A retail food store, yes, without a license, as long as every item is packaged and labeled. DHHS's FAQ gives the example of a homestead baker selling from their own antique shop. To sell to a restaurant or other food establishment, you need a homestead food license. DHHS's own documents are not fully consistent on which kinds of shops count, so ask the Food Protection Section if you are unsure, for example before selling to a coffee shop.[1][2]
Can I sell online or ship my products?
Only if you have a homestead food license. Internet and mail-order sales are what the license is for.[2][4]
Can I make pickles or salsa?
Not as an exempt (unlicensed) operation: processed acidified foods (low-acid foods such as cucumbers or peppers made safe by adding acid) count as potentially hazardous. DHHS's FAQ says a licensed homestead operation may make them using the National Center for Home Food Preservation's recipes exactly, or with a process review for each product, but the license application says pickles and salsa are prohibited. Ask DHHS before planning on them.[4][2][3]
How do I label a wedding cake I can't stick a label on?
Put all the label information on the invoice and deliver it with the cake. Smaller cakes must be boxed with the label on the box.[2]
Can I hand out free samples?
Yes, if the food is allowed. Samples must be packaged in your home kitchen (you can't cut bread at the market), and you must have labeled packages on display so customers can read the ingredients.[2]
Can I use a rented commercial kitchen or bake in my barn?
No. Homestead food must be made in the kitchen of your home and stored inside the house (a spare room or a dry basement is fine; a garage, shed or barn is not). To use a rented kitchen you would need a food license for that kitchen.[2]
Can my nonprofit sell homemade food?
Not as a homestead food operation. DHHS says nonprofits do not have a home, so they do not qualify.[2]
Can I sell honey or maple syrup?
Those are regulated by the NH Department of Agriculture, not the homestead rules. If you add ingredients, such as blueberry maple syrup, DHHS licensing applies.[2]
Sources
- Homestead Food Operations, New Hampshire Department of Health and Human Services. Checked October 25, 2026. Internet Archive copy (captured 2026-07-25) of https://www.dhhs.nh.gov/programs-services/environmental-health-and-you/food-protection/homestead-food-operations; the live dhhs.nh.gov site returned HTTP 403 to the fetcher. Check the live page before verifying.
- Food Protection Section – Frequently Asked Questions: Homestead Food Products, New Hampshire Department of Health and Human Services. Checked October 25, 2026. Internet Archive copy (captured 2025-10-31) of https://www.dhhs.nh.gov/sites/g/files/ehbemt476/files/documents/2021-11/fp-homesteadfaq.pdf; the live PDF returned HTTP 403 to the fetcher. Undated document; check the live copy before verifying.
- Application for New Homestead Food Operation License (HAPP February 2024), New Hampshire Department of Health and Human Services. Checked October 25, 2026. Internet Archive copy (captured 2025-10-31) of https://www.dhhs.nh.gov/sites/g/files/ehbemt476/files/documents/2021-11/fp-happlication.pdf; the live site returned HTTP 403 to the fetcher.
- He-P 2300 Sanitary Production and Distribution of Food (adopted rule, 2/21/24), New Hampshire Department of Health and Human Services. Checked October 25, 2026. Internet Archive copy (captured 2025-10-31) of the DHHS-hosted adopted-rule PDF; dhhs.nh.gov and the legislature's rules site (gencourt.state.nh.us / gc.nh.gov) returned HTTP 403. This document contains only the sections readopted in 2024; check the current codified He-P 2300 before verifying.
Related
This page is general information, not legal advice. Rules and fees change. Before you apply or start selling, confirm the details with New Hampshire Department of Health and Human Services (DHHS), Food Protection Section or your local health department. Spotted something wrong or out of date?Report it and we will check it.