New Hampshire Cottage Food Law
Tier: Good. Solid baseline with moderate restrictions — typically a high cap (often $50K+) and standard direct-to-consumer rules. Workable for most home bakers.
Tiered
Non-potentially-hazardous homestead food products prepared in the operator's primary home kitchen may be sold from the homestead residence, at the owner's farm stand, at farmers markets, and at retail food stores without a license (below the sales threshold). Above the sales threshold, or for sales to restaurants, via internet/mail order, or to wholesalers, a Class H Homestead License ($150 fee) is required.
Registration: Depends. Food handler cert: No.
New Hampshire Revised Statutes Annotated Title X — Public Health, Chapter 143-A — Food Service Licensure, Section 143-A:12 — Homestead Food License Required
Verbatim excerpt143-A:12 Homestead Food License Required. I. In this subdivision: (a) "Homestead food operation" means a person who produces homestead food products, excluding potentially hazardous food, only in the home kitchen of that person's primary residence in New Hampshire. (b) "Potentially hazardous food" means foods requiring temperature control for safety because they are capable of supporting the rapid growth of pathogenic or toxigenic microorganisms, and the growth of toxin production of clostridium botulinum. Potentially hazardous foods also include processed acidified and low acid canned foods. (c) "Homestead food products" means all food except potentially hazardous food, and as defined in rule by the commissioner of the department of health and human services through rulemaking under RSA 143-A:13. II. Homestead food operations selling less than the maximum annual gross sales of food as defined in RSA 143-A:5, VII, excluding potentially hazardous food, from the homestead residence, at the owner's own farm stand, at farmers' markets, or at retail food stores are exempt from licensure and departmental inspection under this subdivision, except that the department may inspect when the department has reason to suspect an imminent health hazard as defined in RSA 143-A:3, IV-b. III. Homestead food operations that exceed the maximum annual gross sales of food as defined in RSA 143-A:5, VII or homestead food operations who wish to sell food products, excluding potentially hazardous food, to restaurants or other retail food establishments, over the Internet, by mail order, or to wholesalers, brokers, or other food distributors who will resell the homestead product shall be licensed under RSA 143-A:4. IV. All homestead food products sold in packages from the home kitchen, farm stand of a homestead food operation, at farmers' markets, or at retail food stores shall have individual labels on each package containing the following information: name, address, and phone number of the homestead food operation; name of the homestead food product; the ingredients of the homestead product, in descending order of predominance by weight; and allergy information. Products made by homestead food operations exempt from licensure shall also be clearly labeled with the following statement: "This product is exempt from New Hampshire licensing and inspection." Products made by nonexempt homestead food operations shall also be clearly labeled with the following statement: "This product is made in a residential kitchen licensed by the New Hampshire Department of Health and Human Services."
Source: law.justia.com/codes/new-hampshire/2023/title-x/chapter-143-a/section-143-a-12/ →
New Hampshire Cottage Food Law — Full PDF report
A comprehensive report covering the New Hampshire statute, every county we've researched, and authoritative source URLs.
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New Hampshire 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.
- New Hampshire Department of Health and Human Serviceshttps://www.dhhs.nh.gov/programs-services/food-protection/homestead-food-licensing
New Hampshire's cottage food rules are set by RSA §143-A:12. 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
- New Hampshire Revised Statutes Annotated Title X — Public Health, Chapter 143-A — Food Service Licensure, Section 143-A:12 — Homestead Food License Required
- Tiered
- Depends
- No
- Upon-complaint
Allowed products and sales channels
- Non-potentially-hazardous homestead food products prepared in the operator's primary home kitchen may be sold from the homestead residence, at the owner's farm stand, at farmers markets, and at retail food stores without a license (below the sales threshold).
- Above the sales threshold, or for sales to restaurants, via internet/mail order, or to wholesalers, a Class H Homestead License ($150 fee) is required.
- Potentially hazardous foods — those requiring temperature control for safety, including processed acidified and low-acid canned foods — cannot be produced or sold under the homestead food framework. Operations selling above the annual gross sales threshold set in RSA 143-A:5(VII) must obtain a license.
- Exempt operations (below sales cap) may sell at retail food stores without a license. Sales to restaurants, over the internet, by mail order, or to wholesalers/distributors require a Class H Homestead License under RSA 143-A:4.
- The department may inspect upon suspicion of imminent health hazard but does not conduct routine inspections of exempt operations.
Labeling
- All packaged homestead food products must be labeled with: name, address, and phone number of the operation; product name; ingredients in descending order by weight; allergen information.
- Exempt operations must also state: 'This product is exempt from New Hampshire licensing and inspection.' Licensed operations must state: 'This product is made in a residential kitchen licensed by the New Hampshire Department of Health and Human Services.' Net weight/volume in US customary and metric, and a product code/batch number, are also required.
- Label must include a 10-point font disclosure statement.
Statute excerpt
- 143-A:12 Homestead Food License Required. I. In this subdivision: (a) "Homestead food operation" means a person who produces homestead food products, excluding potentially hazardous food, only in the home kitchen of that person's primary residence in New Hampshire.
- (b) "Potentially hazardous food" means foods requiring temperature control for safety because they are capable of supporting the rapid growth of pathogenic or toxigenic microorganisms, and the growth of toxin production of clostridium botulinum. Potentially hazardous foods also include processed acidified and low acid canned foods.
- (c) "Homestead food products" means all food except potentially hazardous food, and as defined in rule by the commissioner of the department of health and human services through rulemaking under RSA 143-A:13. II.
- Homestead food operations selling less than the maximum annual gross sales of food as defined in RSA 143-A:5, VII, excluding potentially hazardous food, from the homestead residence, at the owner's own farm stand, at farmers' markets, or at retail food stores are exempt from licensure and departmental inspection under this subdivision, except that the department may inspect when the department has reason to suspect an imminent health hazard as defined in RSA 143-A:3, IV-b. III.
- Homestead food operations that exceed the maximum annual gross sales of food as defined in RSA 143-A:5, VII or homestead food operations who wish to sell food products, excluding potentially hazardous food, to restaurants or other retail food establishments, over the Internet, by mail order, or to wholesalers, brokers, or other food distributors who will resell the homestead product shall be licensed under RSA 143-A:4. IV.
- All homestead food products sold in packages from the home kitchen, farm stand of a homestead food operation, at farmers' markets, or at retail food stores shall have individual labels on each package containing the following information: name, address, and phone number of the homestead food operation; name of the homestead food product; the ingredients of the homestead product, in descending order of predominance by weight; and allergy information.
Official sources
- State agency cottage food page: https://www.dhhs.nh.gov/programs-services/food-protection/homestead-food-licensing
- Statute: http://www.gencourt.state.nh.us/rsa/html/X/143-A/143-A-mrg.htm
Summarized from official New Hampshire cottage food statute research and agency guidance. Agency rules change — verify on the official site before relying on this information.
New Hampshire Counties
10 counties tracked. Pick yours for the local zoning + health department links.
View all 10 counties →City zoning rules in New Hampshire
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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New Hampshire cottage food law — FAQ
Do I need a license or permit to sell homemade food in New Hampshire?
Yes — Depends. Food handler certification: No.
What foods can I sell under the New Hampshire cottage food law?
Non-potentially-hazardous homestead food products prepared in the operator's primary home kitchen may be sold from the homestead residence, at the owner's farm stand, at farmers markets, and at retail food stores without a license (below the sales threshold). Above the sales threshold, or for sales to restaurants, via internet/mail order, or to wholesalers, a Class H Homestead License ($150 fee) is required.
Is there a sales cap for cottage food in New Hampshire?
Tiered
How good is New Hampshire's cottage food law?
New Hampshire is a Good-tier cottage food state by Crosodo's rating criteria. Solid baseline with moderate restrictions — typically a high cap (often $50K+) and standard direct-to-consumer rules. Workable for most home bakers.
Cottage food laws are amended every year. This is a starting reference, not legal advice. Verify with New Hampshire Department of Health and Human Services and your local health department before relying on this data.