- Home occupation permit required:
- Varies
- Details:
- Henderson County Zoning Ordinance (Art. II, §2.01) defines Home Occupation as professional offices and personal services only. The ordinance explicitly states: 'The processing of any product shall not qualify as a home occupation' and 'Retail sales of a product on the premises shall be strictly prohibited.' However, Kentucky state law (KRS §217.136) preempts local restrictions on home-based food processing registered under the HBP program. Operators should confirm with Henderson County Planning & Zoning whether the county recognizes state preemption or requires additional local approval. Home occupation limited to 25% of principal building floor area; max 1 non-resident employee; no exterior evidence except 1 unlighted sign ≤4 sq ft.
- Home kitchen:
- Kentucky Home-Based Processor (HBP) law (KRS §217.136) allows production and direct sale of non-TCS shelf-stable foods from a primary residence. Annual registration required ($50/year, form DFS-250). $60,000 annual gross sales cap. Direct-to-consumer sales only (home, farmers markets, community events, roadside stands, delivery). No kitchen inspection required. No commercial equipment allowed. No domestic activity during food production. Labeling must include processor name/address, product name, ingredients, net weight, date processed, and statement 'This product is home-produced and processed.' (10-point type).
Last verified 2026-05-06. Not legal advice.
