Missouri Cottage Food Law
Tier: Great. No or very high sales cap, broad product list, multiple sales channels including retail and online. Most home bakers can run a meaningful operation here.
None
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.
Registration: No. Food handler cert: No.
Missouri Revised Statutes §196.298 - Definitions; Cottage Food Production Operation Not Deemed Food Service Establishment; No State or Local Regulation (Title XII, Chapter 196)
Verbatim excerpt196.298. 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 →
Missouri Cottage Food Law — Full PDF report
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Missouri Home-Based Kitchen Food Production Guidance
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.
- Missouri Department of Health and Senior Serviceshttps://health.mo.gov/safety/foodsafety/pdf/home-based-kitchen-food-prod-guidance.pdf
This document shares the Department of Health and Senior Services’ current understanding and interpretation of home-based kitchen food production in Missouri, including the Missouri Cottage Law, raw agricultural commodities, and when local public health agencies or DHSS manufactured foods oversight applies. It does not create or confer any rights and does not bind federal, state, or local food safety regulatory agencies.
Question and Answer (Q&A)
- Only the person preparing the food item or a member of their household with extensive knowledge of the food items can sell the cottage food item. This allows for the consumer to have questions answered and make an informed decision about the product.
- A cottage food production operation is not a food service establishment and is not regulated by state or local health departments. There is no food permit or license for cottage food production operations, but products must meet the labeling requirements listed by law.
- If local laws allow, individual stands vending non-potentially hazardous foods may be allowed to be sold directly to the end consumer without being subject to regulation and inspection under the exemption in the food code. There are requirements to meet to do so, such as proper labeling and a clearly visible placard at the point of sale that both state the product was prepared in a kitchen not subject to inspection by the department. To learn whether your local laws allow this exemption, please contact your local public health agency.
- Artificial sweeteners can alter the pH or water activity of the product and may result in a potentially hazardous food item. The product will need to be tested to ensure that it has a pH and water activity that will not result in a potentially hazardous food item. The individual must contact their Local Public Health Agency for additional instructions and guidance.
- If they are wholesaling product, it no longer falls under the Missouri Cottage Law and will have to be inspected and in compliance with the DHSS manufactured food program.
- No. Salsa is not a food item exempted by the Missouri Cottage Law. If an individual is making fresh salsa on site at a Farmers’ Market, it is considered a food establishment and is subject to food safety regulations and inspection.
- Local agencies are to document the complaint and keep records according to their policies. Local agencies are to follow their policies and procedures for complaints and, if needed, request assistance from DHSS.
- Mushrooms do not fall under Missouri Cottage Law. However, they can be sold unprocessed without being subject to routine inspection as a Raw Agricultural Commodity. Individuals who wish to grow mushrooms should contact the Missouri Department of Agriculture’s produce safety program for more information. If an individual wants to sell wild mushrooms, they must take classes and trainings to be an identification expert and have the classes and trainings approved by the Missouri Mycological Society.
- Bean or alfalfa sprouts are classified as potentially hazardous foods and must be produced in an approved and inspected facility.
- Small operations that grow, harvest or sell microgreens to the end consumer may generally do so without inspection. However, they may need to comply with federal law and the Standards for Growing, Harvesting, Packing and Holding of Produce for Human Consumption. The Missouri Department of Agriculture’s Produce Safety program offers guidance on the standards.
- No. Freeze-dried foods are not automatically exempted by the Missouri Cottage Law. Freeze-dried, non-potentially hazardous foods (example: candy) may fall under the exemption in the Missouri Food Code, but that is only where local laws allow and will be determined by the Local Public Health Agency. Freeze dried fruits and vegetables must be processed in an approved and inspected facility.
- No. Packages of meat must have a mark of inspection from either the United States Department of Agriculture (USDA) or Missouri Department of Agriculture (MDA).
- Salsa, pickles and BBQ sauce are common examples of acidified or low acid canned foods. If not properly prepared, Clostridium botulinum spores can grow under favored conditions and produce botulism toxin. This is why products of this nature must be produced in an inspected facility. A producer must submit their recipe and procedures to a process authority, and if needed, attend a “better process control school.” In addition, the producer must ensure the safety of the food being produced by testing the pH of each batch of product and maintaining records. All products made must also comply with labeling regulations.
- According to the Missouri Food Code: A food with a water activity value of eighty-five one-hundredth (0.85) or less or a food with a pH level of four and six-tenths (4.6) or below when measured at seventy-five degrees Fahrenheit (75 ºF). A food product may need to be tested and evaluated by a process authority to determine pH and/or water activity before a final exemption determination can be made for some products.
- No. Meringue and/or cream pies are not exempted by the Missouri Cottage Law. These products are potentially hazardous foods. They will need to be made in an approved and inspected facility by the Local Public Health Agency.
- No. Pet foods and treats are regulated by the Missouri Department of Agriculture. Individuals interested in marketing pet foods and/or treats will need to contact the Missouri Department of Agriculture and follow their policies and procedures.
- No. Operations that sell dairy and egg products directly to the consumer are considered Food Establishments and are inspected by the local public health agency. Fluid milk and most dairy products (e.g. Grade A milk, cheese, butter) that are sold wholesale are regulated by the State Milk Board. Manufacturers of “egg products” (e.g. dried, frozen, liquid eggs) are regulated by the Missouri Department of Agriculture and USDA. Egg producers who sell shell eggs directly to the consumer are inspected by the local public health agency.
- No. Product that is sold across state lines may be subject to inspection by the FDA or other local, state or federal authorities.
- Individuals can contact their Local Public Health Agency. A directory of local public health departments can be found here: https://health.mo.gov/living/lpha/lphas.php
Reproduced from the official Missouri DHSS Home-Based Kitchen Food Production Guidance (August 2023). This is not legal advice — verify current rules with DHSS and your local public health agency.
Missouri Counties
115 counties tracked. Pick yours for the local zoning + health department links.
View all 115 counties →City zoning rules in Missouri
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)
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Missouri cottage food law — FAQ
Do I need a license or permit to sell homemade food in Missouri?
Yes — No. Food handler certification: No.
What foods can I sell under the Missouri cottage food law?
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.
Is there a sales cap for cottage food in Missouri?
None
How good is Missouri's cottage food law?
Missouri is a Great-tier cottage food state by Crosodo's rating criteria. No or very high sales cap, broad product list, multiple sales channels including retail and online. Most home bakers can run a meaningful operation here.
Cottage food laws are amended every year. This is a starting reference, not legal advice. Verify with Missouri Department of Health and Senior Services and your local health department before relying on this data.