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Cottage Food Law
OkayIJ Grade C

Massachusetts cottage food law

105 CMR 590.009(D)

Last updated: · Research verified · Free PDF report

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.

Start here

How to start in Massachusetts

A practical path from “am I allowed?” to first sale. Not legal advice — confirm every step with Massachusetts agencies and your local offices.

  1. Confirm your products are allowed

    Massachusetts allows 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.. High-risk or refrigerated foods usually need a commercial kitchen — not a cottage exemption.

  2. Choose sales channels you can actually use

    Sales cap: No cap. Indirect / wholesale-style sales: Yes. Farmers markets and direct-to-consumer pickup are the usual start. Check county and city rules before advertising porch pickup.

  3. Clear local zoning, licenses, and tax IDs

    State cottage food rules are the floor. Your city or county may still require a business license, home occupation approval, HOA permission, or sales tax registration. Do this before you print an address on Instagram.

  4. Registration, training, and kitchen rules

    State registration: Yes. Food handler / training: Recommended. Kitchen inspection: Yes. Complete certificates the market or agency will ask for.

  5. Build compliant labels

    Use the Massachusetts label requirements on this site (and the free template). Match disclaimer language to the statute or agency guide before you print a batch.

  6. Soft-launch, then first paid sales

    Keep a simple sales log from day one so you stay under any annual cap. Soft-launch with pre-orders before a full market day.

  7. Verify with official sources

    Re-check the state cottage food page and your local health / planning office before you invest in equipment or marketing. Rules change.

Label checklist

What usually goes on the package

  • Product name (common or usual name of the food)
  • Business or producer name
  • Producer address (or address alternative your state allows)
  • Ingredients in descending order by weight
  • Major allergen disclosures (e.g. wheat, milk, eggs, soy, tree nuts, peanuts, fish, shellfish, sesame)
  • Net weight or quantity
  • Home-kitchen disclaimer required by Massachusetts (exact wording may be set by statute or agency)

This is a planning checklist compiled for home bakers. It is not legal, tax, or zoning advice.

Compare nearby states

Massachusetts vs neighboring cottage food laws

Tier and sales-cap snapshot for Massachusetts and nearby states. Click through for full rules, labeling, and county pages.

StateTierSales capGuide
MassachusettsYou are hereOkayNoneThis page
ConnecticutOkay50000Connecticut law →
New HampshireGoodTieredNew Hampshire law →
New YorkGoodNoneNew York law →
Rhode IslandPoor50000Rhode Island law →
VermontOkay30000Vermont law →

Need a compliant product label for Massachusetts? Open the Massachusetts label mockup.

Sales cap

None

Allowed products

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

Registration: Yes. Food handler cert: Recommended.

Statute

105 CMR 590.000: State Sanitary Code Chapter X - Minimum Sanitation Standards for Food Establishments, Section 590.009(D)(2)-(3) Residential Kitchens

Citation: 105 CMR 590.009(D) · Last amended 2013
Verbatim 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.

Source: carlislema.gov/DocumentCenter/View/716
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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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Notes
Local-control model. Each town's Board of Health can be more or less restrictive.
Official state handout

Massachusetts Cottage Food Law — Official Guidance Summary

Massachusetts Department of Public Health · 105 CMR 590.009(D) · Massachusetts Department of Public Health
Source — verify on the official site

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'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

What law governs cottage food in Massachusetts?
  • 105 CMR 590.000: State Sanitary Code Chapter X - Minimum Sanitation Standards for Food Establishments, Section 590.009(D)(2)-(3) Residential Kitchens
What is the annual sales cap?
  • None
Is registration or a permit required?
  • Yes
Is a food handler certificate required?
  • Recommended
Are kitchen inspections required?
  • Yes

Allowed products and sales channels

What foods are allowed?
  • 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.
What foods are prohibited?
  • 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.
Can I sell to retailers or restaurants (indirect sales)?
  • 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

What labeling is required?
  • 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(D)
What does the Massachusetts cottage food statute say?
  • 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

Where should I verify these rules?
  • 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.

By Locality

Massachusetts Counties

14 counties tracked. Pick yours for the local zoning + health department links.

View all 14 counties →
1.62M
859K
806K
785K
722K
577K
530K
Springfield
465K
229K
Northampton
154K
129K
Greenfield
71K
Edgartown
21K
14K
Major cities

City zoning rules in Massachusetts

City zoning rules apply on top of the state cottage food law — home occupation, customer pickup, signage, and employees.

Boston
American Legal Publishing
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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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Common questions

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.

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Resources for cottage food and home bakers

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National
Supplies

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Local

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Important

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.