Kansas cottage food law for home bakers

The short version

Kansas has no dedicated cottage food statute. The exemption is a single clause, K.S.A. 65-689(d)(4), inside the general food-establishment-licensing statute, paired with a sanitation regulation (K.A.R. 4-28-33). That thin statutory basis is why this guide answers 'not addressed' or a conservative default on several questions other states' laws speak to directly: the law simply never mentions delivery, shipping, or a required label statement.

Numerous cottage-food vendor websites confidently describe Kansas as allowing nationwide shipping with no cap and no license. The 'no cap, no license' part checks out against the statute; the shipping and out-of-state claims could not be verified against any reachable statute or regulation, only against those same secondary sources citing one another.

Registering

The rule is administered by Kansas Department of Agriculture, Food Safety and Lodging Program; the guide reads K.S.A. 65-689(d)(4), an exemption from the food-establishment license requirement of K.S.A. 65-689(a) within the Kansas Food, Drug and Cosmetic Act (K.S.A. 65-636 et seq.), for 'a person who produces food for distribution directly to the end consumer, if such food does not require time and temperature control for safety or specialized processing, as determined by the secretary.' Sanitation conditions for exempt production are set by Kansas Administrative Regulation 4-28-33. Kansas has never enacted a dedicated cottage food act; this is a licensing-exemption clause plus a sanitation regulation, not a freestanding statute.

Where you can sell, and whether online counts

The law does not mention online sales, delivery, shipping inside the state or a sale out of state. Until Kansas says otherwise, treat online sales, delivery, shipping inside the state and sales out of state as not allowed. Some cottage food websites say Kansas allows shipping, even out of state, but we could not confirm that in any statute or rule. Ask the Kansas Department of Agriculture's Food Safety and Lodging program before you rely on it.

What goes on the label

This page lists no Kansas label wording on purpose. The general food labeling statute, K.S.A. 65-666, was repealed in 2012 and we could not find the current one.

Neither K.S.A. 65-689(d)(4) nor K.A.R. 4-28-33 fixes a label statement for this exemption. Kansas's general food labeling law would in principle still apply to any food you sell, but this page quotes no general rule because we could not find its current text.

What you can bake and sell

'Specialized processing... as determined by the secretary' is an undefined, standard-less delegation to KDA discretion; no published KDA list translating that phrase into specific included/excluded foods was found.

• Allowed: Non-potentially-hazardous (non-time/temperature-control-for-safety) food that does not require what the secretary determines to be 'specialized processing'; shelf-stable baked goods, cookies, breads, candies, jams, and dry mixes are the typical examples.
• Not allowed: Any potentially hazardous/TCS food requiring refrigeration or other time/temperature control for safety, and any food the secretary determines needs 'specialized processing.'

The sales cap

Kansas sets no cap on cottage food sales.

See what your state allows, online orders included, with the cottage food sales cap checker.

Questions people ask

Do I need to register to sell cottage food in Kansas?

No, Kansas does not require registration. None: no license, permit, registration, or routine inspection for an exempt home producer, only compliance with the K.A.R. 4-28-33 sanitation rules. Fee: Not stated. The exemption clause and its sanitation regulation create no fee-collecting mechanism.

What is the cottage food sales cap in Kansas?

Kansas sets no cap on cottage food sales.

Can I take orders online in Kansas?

The law does not say. It never mentions online orders, so read it as no until Kansas says otherwise. The handover has to happen in person.

Can I deliver or ship cottage food in Kansas?

The rule does not address delivery. The rule does not address shipping inside the state.

What does my Kansas cottage food label need to say?

Neither K.S.A. 65-689(d)(4) nor K.A.R. 4-28-33 fixes a label statement for this exemption. Kansas's general food labeling law would in principle still apply to any food you sell, but this page quotes no general rule because we could not find its current text.

Sources

Laws change; check the linked source before you sell.

• K.S.A. 65-656, Definitionsksrevisor.gov
• K.S.A. 65-689, License requirements and exemptionsksrevisor.gov
• K.S.A. 65-666 (repealed), history note onlyksrevisor.gov
• K.A.R. 4-28-33, Sanitation and hygiene requirements for exempt food establishmentslaw.cornell.edu