Can I sell fudge from home? A 50-state guide.
Fudge under US cottage food law: 49 states allow it outright, 0 allow it with conditions, 2 prohibit it. Full national breakdown with statute links and the food-safety reasoning behind each verdict.
Every cottage food question comes down to two things: what's your state's tier, and does the food you want to sell fit inside it. Fudge is a good example because the answer genuinely depends on where you live.
fudge: 49 states allow it outright, 0 allow it conditionally, and 2 prohibit it under their cottage food exemption. The exact requirements vary by state — see the table below.
Why the law treats it this way
Low water activity (aw < 0.85) or high sugar concentration (> 65% by weight) prevents microbial growth. Honey, chocolate, roasted nuts, and dry mixes are inherently self-preserving. No refrigeration or pH control needed.
What can go wrong in a home kitchen
Moisture ingress if poorly packaged (mold on granola, staleness). Cross-contamination in a home kitchen shared with fresh produce. Allergen labeling for tree nuts / peanuts / soy.
Almost every state allows fudge
49 jurisdictions allow fudge outright: Alaska, Alabama, Arkansas, Arizona, California, Colorado, Connecticut, District of Columbia, Delaware, Florida, and 39 others. In each of these states you can sell direct-to-consumer without a scheduled process, acidified-foods license, or commercial-kitchen requirement — just the standard cottage food label and (in most states) a sales cap.
Where fudge is prohibited
2 jurisdictions prohibit fudge under their cottage food exemption. Selling it in these states requires a licensed commercial kitchen and, usually, a separate food-processor license. Examples:
- Wisconsin
- Wisconsin's cottage food exception (created by the Kivirist court decisions) is limited to non-hazardous BAKED goods only. Non-baked confections — including fudge — require a Wisconsin food processing plant license.
- Maryland
- Maryland Department of Health cottage food regulations explicitly list 'homemade fudge' as a prohibited soft candy. Only hard candy and brittles are allowed under the cottage food exemption.
What to do next
- Check your state's tier. State cottage food law is the floor; find your state on the state directory and confirm the tier plus the sales cap.
- Read your specific verdict. The fudge state-by-state table tells you exactly what your state allows and links to the statute.
- Verify with your local health department. Even in states that allow fudge outright, county zoning and city home-occupation rules can add a permit or restriction. State law rarely preempts local zoning.
- Label correctly. Every cottage food state requires a labeled product: business name, address, ingredient list, allergen disclosure, and a "made in a home kitchen" disclaimer. Exact wording varies — see our state labeling breakdown for your state.
- Stay under the cap. Most states cap annual gross sales under the cottage food exemption. Track revenue from day one; graduating to a licensed kitchen is a real cost and a real transition, not something to trip into.
Crosodo Blog entries are recipe and craft notes from working cottage bakers. Recipes assume working with an active starter and basic equipment. Cottage food sales are governed by your state's law — see our state directory for legal details.