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

Online orders, delivery, in-state shipping, and an out-of-state sale are all set conservatively because the statute is silent on every one of them, even though vendor-facing sites claim Kansas permits shipping including out of state. A call to KDA's Food Safety and Lodging program, or a full read of Article 4-28 of the Kansas Administrative Regulations, could tighten this in a future review.

What goes on the label

Kansas's current general food-misbranding/labeling statute could not be located (the old K.S.A. 65-666 was repealed in 2012); the label fields above are accordingly conservative.

No cottage-food-specific label statement is fixed by K.S.A. 65-689(d)(4) or K.A.R. 4-28-33. Kansas's general food-misbranding statute would in principle still apply to any food sold, but the once-cited K.S.A. 65-666 was repealed in 2012 and its current replacement could not be located, so no verbatim general labeling requirement is quoted here.

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; no dollar figure appears in 65-689(d)(4) or K.A.R. 4-28-33; the exemption is unconditioned on revenue. Effective date is approximate: 65-689 has been amended repeatedly, and the exact date the current (d)(4) wording was adopted could not be pinned down within this review's time available..

Work out how much room you have left this year 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.

Has the cottage food sales cap in Kansas changed over time?

no cap from January 1, 2012.

Can I take orders online in Kansas?

No, online orders are not allowed. 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?

No cottage-food-specific label statement is fixed by K.S.A. 65-689(d)(4) or K.A.R. 4-28-33. Kansas's general food-misbranding statute would in principle still apply to any food sold, but the once-cited K.S.A. 65-666 was repealed in 2012 and its current replacement could not be located, so no verbatim general labeling requirement is quoted here.

Sources

• 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