Bakery products and some other foods like jams, jellies, dried herbs and spices, granola, popcorn, and candy, are considered low-risk for spoilage because they are not able to support the growth of potentially harmful organisms and do not require refrigeration. These foods are known as non-potentially hazardous
. (Read an article explaining the difference between potentially hazardous and non-potentially hazardous desserts.)
31 states have Cottage Food Laws. The most recent states to enact these laws
are Oklahoma (April, 2013), Mississippi (April, 2013), California (September, 2012), and South Carolina (June, 2012).
These states generally report very few, if any, complaints or incidences of food-borne illness originating from non-potentially hazardous foods prepared in residential kitchens.
States that are currently considering Cottage Food Laws:
New Jersey A1761, S93
Missouri HB 617
Alabama SB 236
Louisiana SB 18
States that have recently considered Cottage Food Laws:
Read Maryland's proposed law here (introduced 2/10/09). Several attempts in Maryland have failed due to opposition from the state health department.
States with existing Cottage Food Laws:
Alaska (exemption, page 6)
California (September, 2012)
Colorado (March, 2012)
Mississippi (April, 2013)
Ohio (Ohio Cottage Foods Statute)
Oklahoma (effective November 1, 2013)
Wyoming Traditional Foods Act (Special provisions apply)
States that allow home baking for the purpose of selling at a Farmer's Market or roadside stand