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Missouri Cottage Food Law Report

Complete reference for Missouri's cottage food law — statute citation, sales cap, allowed products, registration requirements, and a county-by-county directory with health department, planning department, and zoning code links.

Statute

Missouri Revised Statutes §196.298 - Definitions; Cottage Food Production Operation Not Deemed Food Service Establishment; No State or Local Regulation (Title XII, Chapter 196)

Citation: Mo. Rev. Stat. §196.298 · Last amended 2022
Verbatim Excerpt

196.298. Definitions — operation not deemed food service establishment, when — no state or local regulation. — 1. As used in this section, the following terms shall mean: (1) "Baked good", includes cookies, cakes, breads, danish, donuts, pastries, pies, and other items that are prepared by baking the item in an oven. A baked good does not include a potentially hazardous food item as defined by department rule; (2) "Cottage food production operation", an individual operation out of the individual's home who: (a) Produces a baked good, a canned jam or jelly, or a dried herb or herb mix for sale at the individual's home; and (b) Sells the food produced under paragraph (a) of this subdivision only directly to consumers; (3) "Department", the department of health and senior services; (4) "Home", a primary residence that contains a kitchen and appliances designed for common residential usage. 2. A cottage food production operation is not a food service establishment and shall not be subject to any health or food code laws or regulations of the state or department other than this section and rules promulgated thereunder for a cottage food production operation. 3. (1) A local health department shall not regulate the production of food at a cottage food production operation. (2) Each local health department and the department shall maintain a record of a complaint made by a person against a cottage food production operation. 4. The department shall promulgate rules requiring a cottage food production operation to label all of the foods described in this section which the operation intends to sell to consumers. The label shall include the name and address of the cottage food production operation and a statement that the food is not inspected by the department or local health department. 5. A cottage food production operation shall not sell any foods described in this section through the internet unless both the cottage food production operation and the purchaser are located in this state. 6. Nothing in this section shall be construed to prohibit the authority of the department of health and senior services or local health departments to conduct an investigation of a food-borne disease or outbreak.

Source: revisor.mo.gov/main/OneSection.aspx?section=196.298
Allowed Foods (Summary)

Under the primary statute (§196.298), only nonperishable baked goods (cookies, cakes, breads, danish, donuts, pastries, pies), canned jams and jellies, and dried herbs and herb mixes are allowed. A separate Missouri cottage food law (applicable in certain counties) allows most other nonperishable foods at events, farmers markets, and roadside stands with very few restrictions.

Prohibited Foods (Summary)

Under §196.298, all foods beyond baked goods, jams/jellies, and dried herbs are prohibited. Specifically prohibited: candies, chocolate, fudge, brittles, cotton candy, all acidified/low-acid canned foods, pickles, salsas, sauces, ketchup, mustards, fruit butters, applesauce, fermented foods, honey, nut butters, oils, syrups, vinegars, cereals, coffee, dried fruit, dried vegetables, pasta, mixes, carbonated drinks, extracts, popcorn, nuts, seeds, and meat jerkies. Sales through events, farmers markets, restaurants, retail stores, and roadside stands are also prohibited under this statute (though permitted under the separate individual-stands law in some counties).

Labeling Requirements (Summary)

Labels must include the name and address of the cottage food production operation and a statement that the food is not inspected by the department or local health department. The Missouri Department of Health and Senior Services is required to promulgate specific labeling rules implementing these requirements. No sales cap applies; no permit, inspection, or training is required.

Sales Cap

None

Tier

Great (IJ Grade B+)

Counties Tracked

115

County Directory

Missouri Counties (115)

Cottage food registration usually happens at the county level. Click any county for local zoning, health department, and planning department links.

St. Louis County
Pop. 999,703
Jackson County
Pop. 715,526
St. Charles County
Pop. 406,262
Greene County
Pop. 299,188
St. Louis city
Pop. 298,018
Clay County
Pop. 253,085
Jefferson County
Pop. 226,984
Boone County
Pop. 184,043
Jasper County
Pop. 122,788
Cass County
Pop. 108,205
Platte County
Pop. 107,033
Franklin County
Pop. 104,858
Christian County
Pop. 89,568
Buchanan County
Pop. 84,544
Cape Girardeau County
Pop. 81,703
Cole County
Pop. 76,890
St. Francois County
Pop. 66,814
Lincoln County
Pop. 60,172
Newton County
Pop. 59,019
Taney County
Pop. 56,202
Johnson County
Pop. 54,025
Pulaski County
Pop. 53,726
Phelps County
Pop. 44,843
Callaway County
Pop. 44,517
Camden County
Pop. 43,227
Pettis County
Pop. 43,059
Butler County
Pop. 42,280
Howell County
Pop. 39,960
Webster County
Pop. 39,265
Lawrence County
Pop. 38,231
Scott County
Pop. 38,055
Laclede County
Pop. 36,060
Warren County
Pop. 35,729
Barry County
Pop. 34,701
Lafayette County
Pop. 32,858
Polk County
Pop. 31,877
Stone County
Pop. 31,314
Stoddard County
Pop. 28,656
Marion County
Pop. 28,525
Dunklin County
Pop. 28,174
Adair County
Pop. 25,299
Audrain County
Pop. 24,873
Miller County
Pop. 24,855
Texas County
Pop. 24,828
Randolph County
Pop. 24,652
Washington County
Pop. 23,580
McDonald County
Pop. 23,381
Saline County
Pop. 23,219
Ray County
Pop. 23,122
Crawford County
Pop. 23,023
Henry County
Pop. 22,064
Morgan County
Pop. 21,169
Clinton County
Pop. 21,155
Nodaway County
Pop. 21,140
Vernon County
Pop. 19,777
Benton County
Pop. 19,616
Perry County
Pop. 18,970
Ste. Genevieve County
Pop. 18,494
Wright County
Pop. 18,475
Andrew County
Pop. 18,069
Pike County
Pop. 17,719
Dallas County
Pop. 17,158
Cooper County
Pop. 16,893
New Madrid County
Pop. 16,341
Bates County
Pop. 16,101
Pemiscot County
Pop. 15,555
Moniteau County
Pop. 15,401
Macon County
Pop. 15,173
Gasconade County
Pop. 14,801
Dent County
Pop. 14,509
Livingston County
Pop. 14,402
Cedar County
Pop. 14,314
Osage County
Pop. 13,374
Madison County
Pop. 12,649
Mississippi County
Pop. 12,305
Linn County
Pop. 11,892
DeKalb County
Pop. 11,838
Douglas County
Pop. 11,803
Barton County
Pop. 11,683
Montgomery County
Pop. 11,421
Wayne County
Pop. 11,081
Ripley County
Pop. 10,839
Bollinger County
Pop. 10,658
Ralls County
Pop. 10,356
Howard County
Pop. 10,142
Lewis County
Pop. 9,987
Grundy County
Pop. 9,878
Iron County
Pop. 9,538
St. Clair County
Pop. 9,330
Caldwell County
Pop. 8,876
Oregon County
Pop. 8,783
Ozark County
Pop. 8,688
Monroe County
Pop. 8,668
Carroll County
Pop. 8,513
Maries County
Pop. 8,454
Hickory County
Pop. 8,452
Daviess County
Pop. 8,418
Harrison County
Pop. 8,190
Dade County
Pop. 7,598
Chariton County
Pop. 7,417
Shannon County
Pop. 7,132
Clark County
Pop. 6,693
Gentry County
Pop. 6,219
Reynolds County
Pop. 6,102
Shelby County
Pop. 6,049
Sullivan County
Pop. 5,983
Carter County
Pop. 5,299
Atchison County
Pop. 5,270
Scotland County
Pop. 4,720
Putnam County
Pop. 4,698
Holt County
Pop. 4,274
Schuyler County
Pop. 4,066
Knox County
Pop. 3,772
Mercer County
Pop. 3,517
Worth County
Pop. 1,982
Important

Cottage food laws are amended every year. This is a starting reference, not legal advice. Verify with Missouri Department of Health and Senior Servicesand your local health department before relying on this data.