Massachusetts Cottage Food Law
Tier: Okay. Sales caps under $25,000 and/or limited sales channels. Operable for a side business but you'll likely outgrow the rules at scale.
None
Non-potentially hazardous foods that do not require refrigeration, including baked goods (breads, cookies, cakes, cupcakes, macarons, donuts, muffins, pies), candies and confections (including chocolate, fudge, buttercream frosting), jams and jellies, dry goods (cereals, coffee, herbs, spices, tea), snacks (granola, caramel corn, popcorn, nuts), and pastries. Ingredients that are potentially hazardous may be used if the final product is non-PHF.
Registration: Yes. Food handler cert: Recommended.
105 CMR 590.000: State Sanitary Code Chapter X - Minimum Sanitation Standards for Food Establishments, Section 590.009(D)(2)-(3) Residential Kitchens
Verbatim excerpt105 CMR 590.009 Special Requirements (D)(2) Residential Kitchens: Retail Sale. (a) A food establishment permit shall be required if food is prepared in or distributed from a residential kitchen for retail sale except as exempted under the definition of food establishment in 105 CMR 590.002 and shall comply with the minimum requirements of 105 CMR 590.009(D) as well as the Administration and Enforcement (105 CMR 590.010 through 590.021), except they shall be exempt from 105 CMR 590.043, 'Plan Submission and Approval' in which case only an intended list of food to be prepared or distributed shall be submitted to the board of health with their application for permit. (b) Food Preparation and Protection: Residential Kitchen for Retail Sale. 1. Only non-potentially hazardous foods and foods which do not require refrigeration and a variance in accordance with 105 CMR 590.010(H) shall be prepared in or distributed from a residential kitchen for retail sale to the public except as exempted under the definition of food establishment in 105 CMR 590.002. Ingredients that are potentially hazardous foods, such as milk, cream, and eggs, may be used in food preparation for the public provided that the final product is not a potentially hazardous food. 2. Wholesale operations requiring a food processor registration by the Department shall not be conducted in an establishment holding a residential kitchen permit. 3. Only immediate family members residing in the household may prepare food for retail sale in a residential kitchen.
Source: carlislema.gov/DocumentCenter/View/716 →
Massachusetts Cottage Food Law — Full PDF report
A comprehensive report covering the Massachusetts statute, every county we've researched, and authoritative source URLs.
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Massachusetts Cottage Food Law — Official Guidance Summary
Official agency guidance changes without notice. The text below is reproduced for reference only — always confirm current rules on the agency website before relying on it.
- Massachusetts Department of Public Healthhttps://www.mass.gov/info-details/residential-kitchen-permit-information
Massachusetts's cottage food rules are set by 105 CMR 590.009(D). The summary below is drawn from Crosodo's verified statute research and official agency guidance. Always confirm current requirements on the state agency website before you sell.
Program basics
- 105 CMR 590.000: State Sanitary Code Chapter X - Minimum Sanitation Standards for Food Establishments, Section 590.009(D)(2)-(3) Residential Kitchens
- None
- Yes
- Recommended
- Yes
Allowed products and sales channels
- Non-potentially hazardous foods that do not require refrigeration, including baked goods (breads, cookies, cakes, cupcakes, macarons, donuts, muffins, pies), candies and confections (including chocolate, fudge, buttercream frosting), jams and jellies, dry goods (cereals, coffee, herbs, spices, tea), snacks (granola, caramel corn, popcorn, nuts), and pastries.
- Ingredients that are potentially hazardous may be used if the final product is non-PHF.
- Potentially hazardous foods requiring refrigeration are prohibited, as are pickles, sauces, fermented foods, and any food requiring a variance. Wholesale operations may not be conducted under a residential kitchen permit. Mail order is prohibited; catering is prohibited.
- Massachusetts residential kitchens are treated as food establishments, so permitted operators may sell at any venue within the state including restaurants and retail stores, without the wholesale restriction that most cottage food laws impose. Mail order and catering are prohibited.
- Local boards of health administer permits and may impose additional restrictions.
Labeling
- Labels must include all ingredients in order of amount by volume, a list of allergens, the name of the residential kitchen, address and/or phone number, and a sell-by date if required. Full requirements are governed by 105 CMR 520.000 Massachusetts Labeling Regulations.
- No specific cottage-food disclaimer statement is required by statute, though local boards of health may impose additional requirements.
Statute excerpt
- 105 CMR 590.009 Special Requirements (D)(2) Residential Kitchens: Retail Sale.
- (a) A food establishment permit shall be required if food is prepared in or distributed from a residential kitchen for retail sale except as exempted under the definition of food establishment in 105 CMR 590.002 and shall comply with the minimum requirements of 105 CMR 590.009(D) as well as the Administration and Enforcement (105 CMR 590.010 through 590.021), except they shall be exempt from 105 CMR 590.043, 'Plan Submission and Approval' in which case only an intended list of food to be prepared or distributed shall be submitted to the board of health with their application for permit.
- (b) Food Preparation and Protection: Residential Kitchen for Retail Sale. 1. Only non-potentially hazardous foods and foods which do not require refrigeration and a variance in accordance with 105 CMR 590.010(H) shall be prepared in or distributed from a residential kitchen for retail sale to the public except as exempted under the definition of food establishment in 105 CMR 590.002.
- Ingredients that are potentially hazardous foods, such as milk, cream, and eggs, may be used in food preparation for the public provided that the final product is not a potentially hazardous food. 2. Wholesale operations requiring a food processor registration by the Department shall not be conducted in an establishment holding a residential kitchen permit. 3. Only immediate family members residing in the household may prepare food for retail sale in a residential kitchen.
Official sources
- State agency cottage food page: https://www.mass.gov/info-details/residential-kitchen-permit-information
- Statute: https://www.mass.gov/regulations/105-CMR-59000-state-sanitary-code-chapter-x
Summarized from official Massachusetts cottage food statute research and agency guidance. Agency rules change — verify on the official site before relying on this information.
Massachusetts Counties
14 counties tracked. Pick yours for the local zoning + health department links.
View all 14 counties →City zoning rules in Massachusetts
City zoning rules apply on top of the state cottage food law — home occupation, customer pickup, signage, and employees.
The Cottage Baker's Field Guide (PDF)
A 6-page reference covering all 51 jurisdictions with methodology and tier explainers — same data as this directory, ready to print and tape to your wall.
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Massachusetts cottage food law — FAQ
Do I need a license or permit to sell homemade food in Massachusetts?
Yes — Yes. Food handler certification: Recommended.
What foods can I sell under the Massachusetts cottage food law?
Non-potentially hazardous foods that do not require refrigeration, including baked goods (breads, cookies, cakes, cupcakes, macarons, donuts, muffins, pies), candies and confections (including chocolate, fudge, buttercream frosting), jams and jellies, dry goods (cereals, coffee, herbs, spices, tea), snacks (granola, caramel corn, popcorn, nuts), and pastries. Ingredients that are potentially hazardous may be used if the final product is non-PHF.
Is there a sales cap for cottage food in Massachusetts?
None
How good is Massachusetts's cottage food law?
Massachusetts is a Okay-tier cottage food state by Crosodo's rating criteria. Sales caps under $25,000 and/or limited sales channels. Operable for a side business but you'll likely outgrow the rules at scale.
Cottage food laws are amended every year. This is a starting reference, not legal advice. Verify with Massachusetts Department of Public Health and your local health department before relying on this data.