Mercer County cottage food law.
Mercer County is a county in Kentucky (pop. 22,662). Kentucky's Okay-tier law caps sales (often under $25K) and may limit channels. Mercer County bakers need to navigate both state limits and local rules carefully. County research shows: home kitchen allowed, inspection not required, home occupation permit not required. No county-specific zoning ordinance or cottage food regulation identified for Mercer County in 1-2 targeted searches. Record defaults to Kentucky state baseline (KRS §217.136). Key state rules: $60,000 annual sales cap; $50/year registration fee (form DFS-250) with CHFS Food Safety Branch; no kitchen inspection; direct-to-consumer only; no commercial equipment; pets/children excluded during production. Home-based microprocessor (HBM) pathway (KRS §217.137) available for farmers selling acidified/canned foods with additional UK workshop and recipe-approval requirements. Local zoning requirements for home occupation permits should be verified with county planning office. Use the links below to check current requirements before you bake.
Mercer County cottage food reports
Full statute, all counties in Kentucky, and authoritative source URLs.
State PDF
Zoning, permits, health department rules, and local sources for Mercer County.
County PDFTier: Okay
Kentucky has an Okay-tier cottage food law — meaningful sales caps and/or limited channels. Operable for a side business, but you'll likely outgrow the rules if you want to go full-time.
View state law →Health department
Many states delegate cottage food registration and inspection to the county health department. Contact theirs for the local process.
Home occupation rules
The county or city zoning code governs whether you can run a home-based food business — customer visits, signage, employees, floor area.
Home kitchen, inspection, and zoning rules for Mercer County
State baseline: KRS §217.136
- Home kitchen allowed
- Yes
- Restrictions
- 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).
- Separate dedicated kitchen
- No
- Pet restrictions
- Pets and children must be excluded from the kitchen during food production per KRS §217.136 and associated regulations.
- Water supply
- No specific water testing requirement under KRS §217.136; standard residential water supply assumed.
- Handwashing
- Standard food safety handwashing practices expected; no specific statutory mandate beyond general food safety. Candy must not be touched with bare hands — gloves or utensils required.
- Food storage
- Non-TCS (non-potentially hazardous), shelf-stable foods only. No commercial refrigerators permitted beyond household limits (up to three standard residential refrigerators allowed). No commercial equipment.
- Inspection required
- No
- Inspection trigger
- Cabinet for Health and Family Services may inspect annually at discretion, or upon complaint/mislabeling report. No routine pre-approval inspection required.
- Home occupation permit
- Varies
- Permit details
- No county-specific home occupation ordinance identified for Mercer County. State law requires annual $50 registration with CHFS Food Safety Branch (form DFS-250) before selling. Operators should contact the Mercer County planning/zoning office and county judge-executive to confirm whether a local home occupation permit or business license is also required.
- Local business license
- Varies
- On-site customer pickup
- Yes
- On-site signage
- Conditional
- Delivery / pickup
- Direct-to-consumer only. Permitted venues: home (on-premises pickup), farmers markets, certified roadside stands, community events, fairs, festivals, and personal delivery within Kentucky. Online orders allowed if fulfilled by in-state pickup or personal delivery. No wholesale to restaurants or retail stores. No mail/common-carrier shipping.
- Max employees in home
- No paid outside employees; family members living in the household may assist. (KRS §217.136 does not authorize hired employees.)
- Relevant code section
- No county-specific cottage food or home occupation ordinance identified for Mercer County. State law (KRS §217.136) governs. Local zoning may apply — contact county planning office.
No county-specific zoning ordinance or cottage food regulation identified for Mercer County in 1-2 targeted searches. Record defaults to Kentucky state baseline (KRS §217.136). Key state rules: $60,000 annual sales cap; $50/year registration fee (form DFS-250) with CHFS Food Safety Branch; no kitchen inspection; direct-to-consumer only; no commercial equipment; pets/children excluded during production. Home-based microprocessor (HBM) pathway (KRS §217.137) available for farmers selling acidified/canned foods with additional UK workshop and recipe-approval requirements. Local zoning requirements for home occupation permits should be verified with county planning office.
Kentucky Revised Statutes §217.136 — Home-Based Food Processors; Exemption from Permit Requirement and Fair Packaging and Labeling Laws (§217.137 addresses home-based microprocessors)
Full Kentucky state report (with PDF download) →Verbatim excerpt217.136 Home-based food processors -- Exemption from permit requirement and fair packaging and labeling laws -- Production, labeling, and sales of home-processed food products -- Inspections -- Registration system. (1) A home-based processor shall be exempt from KRS 217.035 and 217.037 if the following conditions are met: (a) All finished product containers are clean, sanitary, and properly labeled pursuant to subsection (3) of this section; (b) All home-processed foods produced under this exemption are neither adulterated nor misbranded pursuant to subsection (4) of this section; and (c) All glass containers for jams, jellies, preserves, fruit butter, and similar products are provided with suitable rigid metal covers. (2) A home-based processor shall not produce or process for sale acid foods, acidified food products, formulated acid food products, or low-acid canned foods. (3) A home-based processor shall label each of its food products and include the following information: (a) The name and address of the home-based processing operation; (b) The common or usual name of the food product; (c) The ingredients of the food product, in descending order of predominance by weight; (d) The net weight and volume of the food product by standard measure, or numerical count; (e) The following statement in ten (10) point type: "This product is home-produced and processed"; and (f) The date the product was processed. (5) Food products [...] may only be offered for sale directly to consumers within this state, including from the home-based processor's home, whether by pick-up or delivery, at a market, roadside stand, community event, or online. (12) Beginning January 1, 2020, a home-based processor shall be registered with the cabinet.
Source: apps.legislature.ky.gov/law/statutes/statute.aspx?id=48558 →
Mercer County cottage food — FAQ
Is a home kitchen allowed for cottage food in Mercer County, Kentucky?
According to our research: home kitchen is allowed. Restrictions: 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).
Is a health inspection required for home bakers in Mercer County?
Inspection: No. Trigger: Cabinet for Health and Family Services may inspect annually at discretion, or upon complaint/mislabeling report. No routine pre-approval inspection required..
Do I need a home occupation permit in Mercer County?
Home occupation permit: Varies. No county-specific home occupation ordinance identified for Mercer County. State law requires annual $50 registration with CHFS Food Safety Branch (form DFS-250) before selling. Operators should contact the Mercer County planning/zoning office and county judge-executive to confirm whether a local home occupation permit or business license is also required.
What is the Kentucky cottage food sales cap?
Kentucky state law caps cottage food sales at 60000. County rules may add permits or zoning limits on top.
Where to verify Mercer County rules
Compare neighboring counties
Other Kentucky counties
Mercer County vs. bordering counties
| Regulation | Mercer County This county | Anderson County | Boyle County |
|---|---|---|---|
| Home kitchen allowed | Yes | Yes | Yes |
| Separate dedicated kitchen | No | No | No |
| Pets allowed | Pets and children must be excluded from the kitchen during food production per KRS §217.136 and associated regulations. | No specific pet restriction in state statute, but good manufacturing practices expected. | No specific pet restriction in state statute, but good manufacturing practices expected. |
| Inspection required | No | Upon-complaint | Upon-complaint |
| On-site customer pickup | Yes | Yes | Yes |
| On-site signage | Conditional | Yes | Yes |
| Delivery / pickup | Direct-to-consumer only. Permitted venues: home (on-premises pickup), farmers markets, certified roadside stands, community events, fairs, … | Direct sales only. Sales at farmers markets, farm stands, events, and home pickup permitted. No wholesale, retail stores, or internet-based… | Direct sales only. Sales at farmers markets, farm stands, events, and home pickup permitted. No wholesale, retail stores, or internet-based… |
| Home occupation permit | Varies | No | No |
| Local business license | Varies | Varies | Varies |
| Restrictions | Kentucky Home-Based Processor (HBP) law (KRS §217.136) allows production and direct sale of non-TCS shelf-stable foods from a primary resid… | Kentucky home-based processor law (KRS §217.136) allows direct-to-consumer sales of non-TCS foods from a home kitchen. Registration with CH… | Kentucky home-based processor law (KRS §217.136) allows direct-to-consumer sales of non-TCS foods from a home kitchen. Registration with CH… |
| Food storage | Non-TCS (non-potentially hazardous), shelf-stable foods only. No commercial refrigerators permitted beyond household limits (up to three st… | Non-TCS shelf-stable foods only. No more than three refrigerators for storage. | Non-TCS shelf-stable foods only. No more than three refrigerators for storage. |
| Population | 22,662 | 22,214 | 30,060 |
Cottage food law and municipal zoning interact in non-obvious ways. Before investing in equipment or marketing, talk to Kentucky's department of agriculture, your local health department, and your county or city's planning office. Crosodo is a clothing brand for cottage bakers, not a law firm.