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Cottage Food Law
FreedomIJ Grade A-

Utah Cottage Food Law

Utah Code §4-5-501

Tier: Freedom. Sell almost anything direct to consumer with no sales cap. Often called a 'food freedom' law — local zoning is the main remaining constraint.

Sales cap

None

Allowed products

All non-potentially hazardous foods (non-TCS) produced in a home kitchen are allowed under the cottage food registration. This includes baked goods, jams, jellies, candy, granola, dried herbs, non-TCS beverages, and other shelf-stable foods. A separate Home Consumption and Homemade Food Act (Title 4, Chapter 5A) provides an alternative pathway with fewer registration requirements but more sales restrictions.

Registration

Registration: Yes. Food handler cert: Yes.

Statute

Utah Code, Title 4 – Utah Agricultural Code, Chapter 5 – Utah Wholesome Food Act, Part 5 – Special Programs, Section 4-5-501 (Cottage Food Operations)

Citation: Utah Code §4-5-501 · Last amended 2023
Verbatim excerpt

4-5-501. Cottage food operations. (1) For purposes of this chapter: (a) "Cottage food operation" means a person who produces a cottage food product in a home kitchen. (b) "Cottage food product" means a nonpotentially hazardous baked good, jam, jelly, or other nonpotentially hazardous food produced in a home kitchen. (c) "Home kitchen" means a kitchen: (i) designed and intended for use by the residents of a home; and (ii) used by a resident of the home for the production of a cottage food product. (d) "Potentially hazardous food" means: (i) a food of animal origin; (ii) raw seed sprouts; or (iii) a food that requires time or temperature control, or both, for safety to limit pathogenic microorganism growth or toxin formation, as identified by the department in rule. (3) Rules adopted pursuant to Subsection (2) may not require: (a) the use of a commercial surface such as a stainless steel counter or cabinet; (b) the use of a commercial grade: (i) sink; (ii) dishwasher; or (iii) oven; (c) a separate kitchen for the cottage food operation; or (d) the submission of plans and specifications before construction of, or remodel of, a cottage food production operation. (4) The operator of a cottage food operation shall: (a) register with the department as a cottage food operation before operating as a cottage food operation; (b) hold a valid food handler's permit; and (c) package a cottage food product with a label, as specified by the department in rule.

Source: law.justia.com/codes/utah/title-4/chapter-5/part-5/section-501/
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Notes
Among the most permissive. 2021 expansion further broadened. Utah's cottage food statute has been renumbered in the 2023/2024 code reorganization. The original section (4-5-9.5) now corresponds to §4-5-501 in the current Utah Code (effective May 3, 2023 per Justia).
Official state handout

Utah Cottage Food Law — Official Guidance Summary

Utah Department of Agriculture and Food · Utah Code §4-5-501 · Utah Department of Agriculture and Food
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.

Utah's cottage food rules are set by Utah Code §4-5-501. 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 Utah?
  • Utah Code, Title 4 – Utah Agricultural Code, Chapter 5 – Utah Wholesome Food Act, Part 5 – Special Programs, Section 4-5-501 (Cottage Food Operations)
What is the annual sales cap?
  • None
Is registration or a permit required?
  • Yes
Is a food handler certificate required?
  • Yes
Are kitchen inspections required?
  • No

Allowed products and sales channels

What foods are allowed?
  • All non-potentially hazardous foods (non-TCS) produced in a home kitchen are allowed under the cottage food registration. This includes baked goods, jams, jellies, candy, granola, dried herbs, non-TCS beverages, and other shelf-stable foods.
  • A separate Home Consumption and Homemade Food Act (Title 4, Chapter 5A) provides an alternative pathway with fewer registration requirements but more sales restrictions.
What foods are prohibited?
  • Potentially hazardous foods (foods of animal origin, raw seed sprouts, and any food requiring time/temperature control for safety) are prohibited under the cottage food framework. Meat, raw dairy, and TCS prepared foods require commercial food establishment licensing.
Can I sell to retailers or restaurants (indirect sales)?
  • Registered cottage food operations may sell through various channels. The Utah Department of Agriculture and Food (UDAF) issues registration; local health departments do not have jurisdiction to regulate compliant cottage food operations except to investigate foodborne illness outbreaks.
  • The state also has a separate Home Consumption and Homemade Food Act (Utah Code Title 4, Chapter 5A) that allows unregistered sales of certain homemade foods with a business license, but only at direct-to-sale farmers markets or direct-to-sale locations with appropriate signage.
  • Food service establishments may not use cottage food products as ingredients in food served to the public.

Labeling

What labeling is required?
  • Labels must be applied as specified by the UDAF in administrative rules. Typical requirements include product name, ingredients, net weight, producer name and address, and a statement that the product was made in a home kitchen not inspected by the state.
  • The statute explicitly prohibits rules requiring commercial-grade equipment or a separate kitchen, making the registration pathway accessible.

Statute excerpt

Utah Code §4-5-501
What does the Utah cottage food statute say?
  • 4-5-501. Cottage food operations. (1) For purposes of this chapter: (a) "Cottage food operation" means a person who produces a cottage food product in a home kitchen. (b) "Cottage food product" means a nonpotentially hazardous baked good, jam, jelly, or other nonpotentially hazardous food produced in a home kitchen.
  • (c) "Home kitchen" means a kitchen: (i) designed and intended for use by the residents of a home; and (ii) used by a resident of the home for the production of a cottage food product. (d) "Potentially hazardous food" means: (i) a food of animal origin; (ii) raw seed sprouts; or (iii) a food that requires time or temperature control, or both, for safety to limit pathogenic microorganism growth or toxin formation, as identified by the department in rule.
  • (3) Rules adopted pursuant to Subsection (2) may not require: (a) the use of a commercial surface such as a stainless steel counter or cabinet; (b) the use of a commercial grade: (i) sink; (ii) dishwasher; or (iii) oven; (c) a separate kitchen for the cottage food operation; or (d) the submission of plans and specifications before construction of, or remodel of, a cottage food production operation.
  • (4) The operator of a cottage food operation shall: (a) register with the department as a cottage food operation before operating as a cottage food operation; (b) hold a valid food handler's permit; and (c) package a cottage food product with a label, as specified by the department in rule.

Official sources

Where should I verify these rules?
  • State agency cottage food page: https://ag.utah.gov/farmers/regulatory-services/food-safety/home-consumption-and-homemade-food-act/
  • Statute: https://le.utah.gov/xcode/Title4/Chapter5/4-5-S9.5.html

Summarized from official Utah cottage food statute research and agency guidance. Agency rules change — verify on the official site before relying on this information.

Major cities

City zoning rules in Utah

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

Salt Lake City
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Common questions

Utah cottage food law — FAQ

Do I need a license or permit to sell homemade food in Utah?

Yes — Yes. Food handler certification: Yes.

What foods can I sell under the Utah cottage food law?

All non-potentially hazardous foods (non-TCS) produced in a home kitchen are allowed under the cottage food registration. This includes baked goods, jams, jellies, candy, granola, dried herbs, non-TCS beverages, and other shelf-stable foods. A separate Home Consumption and Homemade Food Act (Title 4, Chapter 5A) provides an alternative pathway with fewer registration requirements but more sales restrictions.

Is there a sales cap for cottage food in Utah?

None

How good is Utah's cottage food law?

Utah is a Freedom-tier cottage food state by Crosodo's rating criteria. Sell almost anything direct to consumer with no sales cap. Often called a 'food freedom' law — local zoning is the main remaining constraint.

Important

Cottage food laws are amended every year. This is a starting reference, not legal advice. Verify with Utah Department of Agriculture and Food and your local health department before relying on this data.