Bakery products and some other dry 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
33 states have Cottage Food Laws. The most recent states to enact these laws
are Louisiana (August, 2013), Nevada (May, 2013), Oklahoma (April, 2013), Mississippi (April, 2013), and California (September, 2012).
States with cottage food laws 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 (died)
States that have considered Cottage Food Laws:
Since 2009, 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)
Louisiana (August, 2013)
Mississippi (April, 2013)
Nevada (July, 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