Massachusetts cottage food law for home bakers

The short version

Massachusetts permits a Cottage Food Operation through the local board of health rather than the state, sets no sales cap, counts online and mail sales as direct to the consumer, and lists six label elements with no fixed disclosure sentence.

A separate wholesale license, from the state Department of Public Health, covers selling into a retail store or restaurant.

Registering

The rule is administered by The local board of health in the city or town where the kitchen sits, under the Massachusetts Department of Public Health's State Sanitary Code (105 CMR 590, the Retail Food Code); the guide reads 105 CMR 590.001(C), 590.009(E), 590.010(F)(2)(a) (State Sanitary Code Chapter X, amended effective 2018-10-05).

A Cottage Food Operation is permitted and inspected by the local board of health in the city or town where her kitchen sits, under 105 CMR 590.010(F)(2)(a), not by the state. The fee is whatever her board of health sets; Massachusetts publishes no statewide amount.

Where you can sell, and whether online counts

Selling direct to the consumer covers farmers markets, craft fairs, and sales by internet or mail, all under the same permit. Selling to a retailer or restaurant that resells her food needs a separate wholesale license from the state Department of Public Health, not this one. A resident who wants to sell into another state should check that state's own law first; the Department neither promises nor forbids it.

What goes on the label

Massachusetts lists six label elements: her name and address, the product name, ingredients by weight with sub-ingredients spelled out, net weight or volume, and allergen information, with nutritional labeling added only if she makes a nutrient or health claim. The regulation sets no fixed disclosure sentence and no minimum type size for a permitted Cottage Food Operation.

The regulation lists six label elements for a permitted Cottage Food Operation and requires no disclosure sentence; a not-inspected placard is required only for the separate, unpermitted charitable bake-sale exemption

• The name and address of the Cottage Food Operation
• The name of the Cottage Food Product
• The ingredients, in descending order of predominance by weight, with sub-ingredients broken out
• The net weight or net volume
• Allergen information as federal labeling rules require
• Nutritional labeling, only if a nutrient content claim or health claim is made

What you can bake and sell

Baked goods, jams and jellies and anything else safe at room temperature qualify. Cream fillings, cheesecake, custard, cut produce, tomato and barbecue sauce, pickles, relishes and salad dressings all need hot or cold holding and stay off her cottage food menu.

• Allowed: Baked goods, jams and jellies and other foods that can be safely held at room temperature
• Not allowed: Anything needing hot or cold holding for safety: cream-filled pastries, cheesecake, custard, cut fruit and vegetables, tomato and barbecue sauce, pickled products, relishes and salad dressings

The sales cap

Massachusetts sets no cap on cottage food sales.

Work out how much room you have left this year with the cottage food sales cap checker.

What changed

October 5, 2018: 105 CMR 590 amended to add the Cottage Food Operation and Cottage Food Product definitions and the local board of health permit (Massachusetts Register, October 5, 2018).

Questions people ask

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

Yes, Massachusetts requires registration before the first sale. A permit from the local board of health in the city or town where her kitchen is located, as a Cottage Food Operation. Fee: Set by the local board of health; the state publishes no statewide amount.

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

no cap from October 5, 2018.

Can I take orders online in Massachusetts?

Yes, you can take orders online. You can hand an order over in person or send it anywhere inside the state.

Can I deliver or ship cottage food in Massachusetts?

The rule does not address delivery. Shipping inside the state is allowed.

What does my Massachusetts cottage food label need to say?

The label must include: The name and address of the Cottage Food Operation, The name of the Cottage Food Product, The ingredients, in descending order of predominance by weight, with sub-ingredients broken out, The net weight or net volume, Allergen information as federal labeling rules require, Nutritional labeling, only if a nutrient content claim or health claim is made.

Sources

• Retail Food Code Standards for Permitted Residential Kitchens (PDF)mass.gov
• Residential Kitchen Questions and Answers (PDF)mass.gov
• Overview of Changes to 105 CMR 590.000 (PDF)mass.gov