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Cottage Food Label Requirements in Massachusetts (2026)

Selling homemade food in Massachusetts means your label has to follow the Massachusetts has no cottage food statute and no state permit. A home kitchen selling direct to consumers is a Permitted Retail Residential Kitchen, permitted as a « Cottage Food Operation » by the LOCAL board of health in the city or town where the kitchen is (105 CMR 590.010(F)(2)(a)), under 105 CMR 590.000 — the Massachusetts Retail Food Code. Fees, renewal cycles, training requirements and plan review are therefore set by your town, not by Boston. Only non-TCS foods qualify — baked goods, jams, jellies and other foods safely held at room temperature — though TCS ingredients such as milk, cream and eggs may be used provided the finished product is not TCS. « Direct to the consumer » expressly includes farmers markets, craft fairs, and sales by internet or mail. Selling to a shop or restaurant that re-sells is wholesale, and needs a Department of Public Health licence under 105 CMR 500.015 instead. Acidification, hot fill, thermal processing in hermetically-sealed containers, vacuum packaging and curing or smoking are prohibited, with a single exception for jams and jellies. There is no income cap. Here is exactly what that label must show in 2026 — the required fields, the allergen rule, and why no “home kitchen” disclaimer applies — sourced to the statute and dated.

In brief — Massachusetts

Required disclaimer: None required by the state
Minimum font size: —
Permit number on label: No
Sales cap: No sales cap
Program: Massachusetts has no cottage food statute and no state permit. A home kitchen selling direct to consumers is a Permitted Retail Residential Kitchen, permitted as a « Cottage Food Operation » by the LOCAL board of health in the city or town where the kitchen is (105 CMR 590.010(F)(2)(a)), under 105 CMR 590.000 — the Massachusetts Retail Food Code. Fees, renewal cycles, training requirements and plan review are therefore set by your town, not by Boston. Only non-TCS foods qualify — baked goods, jams, jellies and other foods safely held at room temperature — though TCS ingredients such as milk, cream and eggs may be used provided the finished product is not TCS. « Direct to the consumer » expressly includes farmers markets, craft fairs, and sales by internet or mail. Selling to a shop or restaurant that re-sells is wholesale, and needs a Department of Public Health licence under 105 CMR 500.015 instead. Acidification, hot fill, thermal processing in hermetically-sealed containers, vacuum packaging and curing or smoking are prohibited, with a single exception for jams and jellies. There is no income cap.
Last verified: 2026-08-10

What must be on a Massachusetts cottage food label

Product name — the common name of the food
Your business / producer name
The address of the cottage food operation
A complete ingredient list, in descending order by weight (sub-ingredients included)
An allergen declaration — the 9 major FDA allergens, in the ingredient list or a “Contains:” line
Net weight, in US customary and metric units
The date the food was made

Does Massachusetts require a disclaimer?

No. There is no required disclaimer at all, and no minimum type size, so neither a sentence nor a point value is claimed — the six label items must simply be printed in English. That absence is the rule, not an omission: the local board of health inspected and permitted the kitchen, so there is nothing to disclaim. The « prepared in a kitchen that is not subject to regulation and inspection » placard that people copy from other guides belongs to the UNPERMITTED charitable bake sale under M.G.L. c. 94 § 328, and it is a placard at the point of sale, never a line on the package. Heads-up on the ingredient list: sub-ingredients must be broken out — the state’s own example is that « soy sauce » is not acceptable where « soy sauce (wheat, soybeans, salt) » is. There is no permit number to print, and no state fee to quote: ask your board of health for the fee, the renewal cycle, whether food protection manager certification and allergen awareness training are required, and what the inspection covers.

Some label templates sold online add a “homemade / not inspected” line anyway. We don't: printing a statement your state doesn't define can be inaccurate. We follow the official source.

Cottage food rules in Massachusetts — the whole program

Who can sell homemade food in Massachusetts

Massachusetts has no exemption-style cottage food statute. Instead, the Retail Food Code defines the home operation and then requires it to be permitted like any other food establishment. 105 CMR 590.001(C) defines a 'Cottage Food Operation' as 'a person who produces cottage food products only in the home kitchen of that person's primary domestic residence and only for sale directly to the consumer', and 'Cottage Food Products' as 'non-time/temperature control for safety baked goods, jams, jellies, and other non-time/temperature control for food safety foods produced at a cottage food operation'. The same section defines 'Residential Kitchen' simply as 'a kitchen in a private home'. Which regulator applies depends entirely on the channel. Selling direct to the consumer (retail) puts the kitchen under 105 CMR 590.000, the Retail Food Code, and the permit and inspections come from the local board of health: 105 CMR 590.010(F)(2)(a) states that except for a short list of raw farm products, 'a cottage food operation shall not sell or serve food unless it has been approved to do so and has obtained a valid permit from the board of health'. Selling to stores, restaurants or any buyer other than the ultimate consumer (wholesale) is a different regime: 105 CMR 500.015(B) provides that 'No person shall operate a residential kitchen to prepare food for sale at wholesale without a valid license granted by the Department', and 105 CMR 500.201(A)(1) identifies that license as one issued by the Department of Public Health under M.G.L. c. 94, § 305C. DPH's March 8, 2022 guidance states the consequence plainly: 'If a kitchen is used for both retail and wholesale food production, then operators need licenses and inspections from both DPH and the LBOH.' The scope limit in both regimes is the food itself, not the operator's size: only non-TCS (non-potentially-hazardous) product that needs no refrigeration. DPH's 2022 guidance adds a structural point that is easy to miss: 'Residential Kitchens may only produce Cottage Foods', while an establishment outside a home may be permitted for all food types, so moving into a commercial kitchen is what lifts the food restriction, not paperwork.

What you may and may not sell

Allowed:

Non-TCS baked goods - breads, cakes, cookies and similar items that are shelf-stable at room temperature (105 CMR 590.001(C) 'Cottage Food Product'; DPH, Retail Food Code Standards for Permitted Residential Kitchens, April 2019)
Jams and jellies (named in the definition of Cottage Food Products, and in the DPH Residential Kitchens brochure)
Confectioneries and candy (DPH Residential Kitchens Questions and Answers: 'low-risk foods, such as cakes, cookies, breads, and confectioneries')
Other non-TCS foods that can be held safely at room temperature with no refrigeration required (DPH guidance, March 8, 2022)
Products made with TCS ingredients where the finished product is not TCS: 'Ingredients from approved sources that are TCS foods, such as milk, cream, and eggs, may be used in food preparation for the public provided that the final product is not a TCS food' (DPH, April 2019); 105 CMR 500.015(D)(1) states the same rule for the wholesale side
Jams and jellies that are thermal-processed in hermetically sealed containers - the single stated exception to the prohibition on thermal processing (DPH Residential Kitchens Questions and Answers)
For a farm, and outside the residential kitchen rules entirely: whole uncut fresh fruits and vegetables, unprocessed honey, pure maple products, and farm fresh eggs held at 45 F or less need no board of health permit at all, including at a public or farmers market (105 CMR 590.010(D)(1) and (F)(1))

Not allowed under the program:

Any time/temperature control for safety (potentially hazardous) food. DPH lists as TCS: raw or heat-treated meat or fish, cream-filled pastries, cheesecake, custard, cut fruit and vegetables, tomato and barbeque sauce, pickled products, relishes, and salad dressings (DPH guidance, March 8, 2022; DPH Residential Kitchens Q&A)
Perishable foods that require refrigeration (DPH Residential Kitchens Q&A)
Any food manufactured or packaged using a process requiring state or federal control - acidification, hot fill, vacuum packaging (DPH Residential Kitchens Q&A)
Garlic-in-oil products (DPH Residential Kitchens Q&A)
Foods produced by prohibited processing operations. For wholesale residential kitchens 105 CMR 500.015(D)(3) forbids: smoking food as a method of preservation; curing food; using food additives or adding components such as vinegar as a method of preservation or to render a food non-potentially hazardous; reduced oxygen packaging; operating a molluscan shellfish life-support system; slaughtering or processing animals; and canning low-acid foods
Low-acid canned foods and acidified foods generally - 105 CMR 500.015(C) states that 21 CFR Part 113 (thermally processed low-acid foods) and Part 114 (acidified foods) 'are not applicable to residential kitchens, because residential kitchens are not permitted to process food in these ways'
Thermal processing in hermetically sealed containers, except jams and jellies (DPH Residential Kitchens Q&A)
Any product a board of health or DPH determines to be TCS. Both regulators may require laboratory documentation that the food has a final pH of 4.6 or below or a water activity of 0.85 or below, and the laboratory must reference the standardized testing procedure (DPH Residential Kitchens Q&A)

How much you may sell

No sales cap. Neither 105 CMR 590.000 nor 105 CMR 500.000, as read for this file, sets any annual revenue, volume or unit limit on a cottage food operation or a residential kitchen. The Massachusetts limits are on the food (non-TCS only), on the channel (a cottage food operation sells 'only for sale directly to the consumer' by definition, 105 CMR 590.001(C)), on who may work in the kitchen, and on interstate sales. DPH's Residential Kitchens Q&A answers a question headed 'Are there any personnel, marketing or volume restrictions' with three restrictions - household members only, no brokers/wholesalers/warehouses, no out-of-state sales - and states no dollar or volume figure.

Where you may sell

Direct to the consumer only, under the retail cottage food operation permit: the definition itself limits a cottage food operation to production 'only for sale directly to the consumer' (105 CMR 590.001(C)), and 105 CMR 590.001(C) defines Retail as 'sale to the ultimate consumer'
From the home itself, and at farmers markets and public markets - but a market vendor needs its own board of health permit: 'a vendor at a public market or farmers market shall not sell or serve food unless it has been approved to do so and has obtained a valid permit from the board of health' (105 CMR 590.010(D)(2)(a)), the exception being the raw farm products listed at 590.010(D)(1)
Selling in another city or town: 105 CMR 590.009(C) allows food from a food establishment outside a municipality's jurisdiction to be sold within it if the establishment complies with 105 CMR 590.000, and the receiving board of health may accept the home board's reports or inspect. Mobile and temporary operations are treated differently - a mobile food operator 'shall obtain a permit to operate from each board of health in whose jurisdiction he or she sells his or her product' (105 CMR 590.010(B)(2)(d))
Wholesale to stores, restaurants and other non-consumer buyers is possible, but only under a separate DPH residential kitchen wholesale license (105 CMR 500.015(B); 105 CMR 500.201(A)(1)), not under the cottage food operation permit
Prohibited channels, per the DPH Residential Kitchens Q&A: 'the use of brokers, wholesalers, and warehouses by residential kitchen operators to store, sell, and distribute foods prepared in residential kitchens is prohibited'
No interstate sales: 'Food products manufactured in Massachusetts residential kitchens may not be sold out-of-state (in interstate commerce), because the U.S. Food and Drug Administration does not recognize these foods as originating from an approved source' (DPH Residential Kitchens Q&A). This bears on internet selling, which the sources read do not address in their own words
A residential kitchen may not serve as the base of operations for a caterer: 105 CMR 590.010(A)(1) states that 'a facility holding a permit as a residential kitchen shall not serve as the base of operations for a caterer'

Permit, registration and fees

Registration is handled by Two agencies, by channel. RETAIL (direct to consumer): the local board of health of the city or town, which issues the cottage food operation permit and inspects under 105 CMR 590.000. There is no statewide retail application form; DPH's 2022 guidance says 'For a permit application, contact your Local Board of Health.' WHOLESALE: Massachusetts Department of Public Health, Bureau of Environmental Health, Food Protection Program, 305 South Street, Jamaica Plain, MA 02130, phone 617-983-6712 (licensing/inspection line 617-983-6700), FPP.DPH@state.ma.us, which issues the License for Food Processing and/or Distribution at Wholesale under M.G.L. c. 94, s. 305C..

Decide the channel first, because it decides the regulator: direct-to-consumer sales are a local board of health cottage food operation permit; any sale to a store, restaurant or other reseller is a DPH wholesale residential kitchen license; doing both requires both
Confirm the home may lawfully be used: DPH states that permitted retail residential kitchens 'must comply with all applicable municipal laws and zoning ordinances', and 105 CMR 500.015(B) carries the express note that 'municipal zoning regulations may prohibit residential kitchens in some cities and towns'
If the home is on a private water supply, have the water tested for potability before permitting: DPH requires that a permitted retail residential kitchen with a private supply 'must have the supply tested prior to permitting and at least annually thereafter and demonstrate through a written record of testing that the water supply is potable', with the regulatory authority free to require more frequent testing. Sewage must be disposed of through a system approved by the local board of health
Bring the kitchen to the residential kitchen standards DPH published in April 2019: soap dispenser and disposable towels at the kitchen sink, a separate sink in the toilet room because the kitchen sink may not be used for handwashing after toilet use, warewashing sanitation between uses (a two-compartment sink only if the board of health approves it for limited batches), and a home dishwasher only if it reaches a minimum of 150 F after the final rinse and drying cycle
Fix the kitchen policies the same document requires: only the permittee and people under the permittee's supervision handle food; no infants or small children present during preparation, packaging or handling; pets excluded from the kitchen area during preparation; no concurrent domestic activity such as family meal preparation, clothes washing, ironing or entertaining; and rooms used as living or sleeping quarters may not be used for cottage food operations
Keep a standardized recipe listing all ingredients in order of weight; a change to the recipe is a recipe deviation and a new analysis may be required. Keep any pH or water activity analyses on file for review (DPH Residential Kitchens Q&A)
Design the label before applying. A cottage food operation may only sell prepackaged product carrying an ingredient label, and the label must show, in English: the name and address of the cottage food operation; the name of the product; the ingredients in descending order of predominance by weight, with sub-ingredients of any prepared ingredient broken out; the net weight or net volume; federal allergen information; and federal nutrition labeling if any nutrient content or health claim is made (DPH, April 2019)
Apply to the local board of health for the cottage food operation permit. The board 'shall review a permit application for a cottage food operation, as specified by administrative guidelines of the Department' (105 CMR 590.010(F)(2)(b)); plan review, where the board requires it, must be granted or denied within 30 calendar days or the plans are deemed approved (105 CMR 590.008(B), adding FC 8-201.20)
Pass the inspection: a permit is issued or renewed only after the application is reviewed and approved, the fees are paid, and 'an inspection shows that the establishment is in compliance with 105 CMR 590.000' (105 CMR 590.008(C), replacing FC 8-303.20(C))
For wholesale instead: notify the local board of health of the intent to operate and the type of business (105 CMR 500.201(E)), file the DPH License to Manufacture and/or Distribute Food at Wholesale with the statutory fee (105 CMR 500.201(D)), after which, per DPH's own description of the process, 'the application is processed by the Licensing Unit, and forwarded to the field inspection staff. An inspector will visit the facility and conduct an inspection'; for some wholesale businesses the inspection is conducted by both state and local health

Fee: RETAIL: set locally, and no statewide amount exists. Retail cottage food operation permits are issued by the local board of health, which sets its own fee; 105 CMR 590.008 refers to 'the required permit fee' without naming a figure, and no state-published retail figure was found. Expect the amount to differ from town to town and confirm it with the board of health that will issue the permit. WHOLESALE: 801 CMR 4.02, the statewide fee schedule, lists under Executive Office of Health and Human Services, 105 Department of Public Health, Division of Food and Drug, item (6) 'Food Processor or Cold Storage Warehouse License' at 300, annual - i.e. $300 a year for the DPH wholesale food processing license that a wholesale residential kitchen holds. 105 CMR 500.201(D) requires the application to be submitted 'together with the fee required by statute'.

Renewal: RETAIL: annual. 105 CMR 590.008(C), replacing FC 8-303.20(B), provides that 'A permit shall expire no later than one year from the date issued' and that an annual food establishment permit 'may be renewed by applying at least 30 days prior to the expiration of the permit on a form provided by the FC-regulatory authority'. Renewal also requires an inspection conducted within the interval the board of health has established under FC 8-401.10. WHOLESALE: 105 CMR 500.201(G) states a license 'shall remain in effect for the term specified', and 500.201(H) that it 'may be renewed by applying at least 30 days prior to the expiration date' in writing on the agency's form; 801 CMR 4.02 lists the $300 fee as annual. Licenses and permits in both regimes are non-transferable and tied to the location on the face of the document (105 CMR 500.201(F) and (I)); a change of ownership, name, or location triggers surrender and a new application (105 CMR 500.201(J)).

Food safety training

No food safety course, food handler card or training hour requirement applies to a cottage-food-only operation, and DPH says so directly. Its March 8, 2022 guidance states that establishments producing only cottage foods 'do not need to have a Certified Food Protection Manager on staff', do not have to meet finished-product holding and cooking temperatures, and do not need hot and cold holding equipment. This matters because 105 CMR 590.002, amending FC 2-101.11, otherwise requires every food establishment to employ at least one person in charge who is an on-site manager or supervisor, 18 or older, and a certified food protection manager who has passed an accredited certification examination - a requirement a home baker could not meet cheaply. What still applies without any certificate is conduct: the permittee, or someone under the permittee's supervision, must do the food handling; no one may work in the kitchen while ill (105 CMR 590.002, FC 2-201.11); and bare-hand contact with ready-to-eat food is prohibited, so gloves, bakery papers, tongs or utensils are required.

Inspection

Yes, and this is the feature that separates Massachusetts from a true cottage food exemption: the kitchen is inspected before the permit issues, not merely registered. For retail, 105 CMR 590.008 (replacing FC 8-303.20(C)) allows a board of health to issue or renew a permit only 'after a properly completed application is submitted, reviewed, and approved, the fees are paid, and an inspection shows that the establishment is in compliance with 105 CMR 590.000', and on renewal the inspection must have been conducted within the interval the board set under FC 8-401.10. The board of health is responsible for administration and enforcement (105 CMR 590.009(B)) and may suspend or revoke a permit, including summary suspension without a prior hearing where an imminent health hazard is found, with the order posted at a public entrance (105 CMR 590.014(A)). Grounds for refusing a permit include denying entry to agents of the board or the Department, operating without a permit, and failure to comply with local regulations or ordinances (105 CMR 590.008, FC 8-303.20(D)). DPH may step in where a board of health has failed to enforce, and may act without notice where it finds an imminent health hazard (105 CMR 590.009(D)). For wholesale, inspection is by the state: 105 CMR 500.203(A)(1) makes a person operating a residential kitchen that prepares food for wholesale sale routinely subject to inspection by the Department, and DPH describes the sequence as licensing unit review, then a field inspector visit, with some businesses inspected by both state and local health. No fixed routine inspection interval for a cottage food operation was found in the sources read - the interval is set by the board of health under FC 8-401.10.

What your city or county may add

Massachusetts is a local-permit state, so the board of health is not a formality layered on top of a state exemption - it is the licensing authority. DPH's April 2019 standards open by stating that permitted retail residential kitchens 'must comply with all applicable municipal laws and zoning ordinances and sections of the Retail Food Code for conducting a business from one's home residence', and 105 CMR 500.015(B) carries the parallel warning for wholesale that municipal zoning may prohibit residential kitchens outright in some cities and towns. DPH's 2022 guidance adds that boards of health 'may adopt more stringent retail food regulations or ordinances, including requiring a permit where the state code would not require a permit', so a town may regulate a farm stand or product the state code exempts. Practical local variables: the permit fee and application packet, which are the town's own; plan review, which the board may require and must then decide within 30 days (105 CMR 590.008, FC 8-201.20); approval of a two-compartment sink for limited-batch warewashing, which is expressly the board's call; sewage disposal approval; annual private-well testing records; and the separate vendor permit needed for each farmers market or public market, plus a permit from each board of health whose jurisdiction a mobile operation sells in. Zoning and building questions typically sit with a separate municipal department rather than the board of health.

Program sources: 105 CMR 590.001 - Purpose and Definitions (definitions of 'Cottage Food Operation', 'Cottage Food Products', 'Residential Kitchen', 'Retail', 'Wholesale', 'Farmers Market'), Cornell LII reproduction, shown as amended by Mass Register Issue 1375, eff. 10/5/2018 - https://www.law.cornell.edu/regulations/massachusetts/105-CMR-590-001 · 105 CMR 590.010 - Guidance on Retail Operations (public and farmers markets at (D); residential kitchens: cottage food operations at (F), permit required and board review by DPH administrative guidelines; caterer base-of-operations bar at (A)(1); mobile operations at (B)), Cornell LII - https://www.law.cornell.edu/regulations/massachusetts/105-CMR-590-010 · 105 CMR 590.008 - Compliance and Enforcement, adopting Food Code Chapter 8 with amendments (FC 8-201.20 plan approval within 30 days; FC 8-303.20 permit expires no later than one year, renewal 30 days prior, issuance conditioned on approved application, fees paid and a compliant inspection; grounds for refusal), Cornell LII - https://www.law.cornell.edu/regulations/massachusetts/105-CMR-590-008 · 105 CMR 590.002 - Management and Personnel, adopting Food Code Chapter 2 with amendments (person in charge; certified food protection manager requirement and its exemptions; exclusion of ill workers), Cornell LII - https://www.law.cornell.edu/regulations/massachusetts/105-CMR-590-002 · 105 CMR 590.003 - Food, adopting Food Code Chapter 3 with amendments (FC 3-201.11(B) replaced: food prepared in a private home may not be used or offered in a food establishment except as provided in 105 CMR 590.000; bare-hand contact), Cornell LII - https://www.law.cornell.edu/regulations/massachusetts/105-CMR-590-003 · 105 CMR 590.009 - Special Requirements (local enforcement by boards of health; establishments outside a board's jurisdiction; state enforcement; Director's authority to issue interpretive guidelines), Cornell LII - https://www.law.cornell.edu/regulations/massachusetts/105-CMR-590-009 · 105 CMR 590.011 - Additional Requirements (food allergy awareness poster, menu notice, and certified food protection manager allergen certificate, for establishments preparing food for immediate consumption), Cornell LII - https://www.law.cornell.edu/regulations/massachusetts/105-CMR-590-011 · 105 CMR 590.014 - Permits: Suspension and Revocation (summary suspension without prior hearing on an imminent health hazard; posting), Cornell LII - https://www.law.cornell.edu/regulations/massachusetts/105-CMR-590-014 · 105 CMR 500.015 - Supplemental Regulations for Residential Kitchens: Wholesale Sale (scope and the retail/wholesale split at (A); DPH licence required and municipal zoning note at (B); Parts 113/114 inapplicable at (C); non-TCS-only and prohibited high-risk operations at (D); household-members-only at (E); storage, handwashing, toilet room, warewashing, 150 F dishwasher, pets, laundry, water and sewage at (F)), Cornell LII, amended by Mass Register Issue 1322, eff. 9/23/2016 - https://www.law.cornell.edu/regulations/massachusetts/105-CMR-500-015 · 105 CMR 500.002 - Scope (105 CMR 500.000 applies to a person who operates a residential kitchen to prepare or process food for wholesale sale), Cornell LII - https://www.law.cornell.edu/regulations/massachusetts/105-CMR-500-002 · 105 CMR 500.005 - Additional Requirements for Good Manufacturing Practices (approved source of water at (D), including private sources used as an ingredient; allergen changeover at (E); no bare-hand contact at (F)), Cornell LII - https://www.law.cornell.edu/regulations/massachusetts/105-CMR-500-005 · 105 CMR 500.000 - Good Manufacturing Practices for Food, full regulation PDF including 500.201 Licensure (residential kitchen wholesale licence under M.G.L. c. 94 s. 305C at (A)(1); application and fee at (D); notice to the local board of health at (E); term, renewal 30 days prior, non-transferability at (G)-(I); change of ownership/name/location at (J)), 500.202 Operating Without a License, and 500.203 Inspections (DPH inspects wholesale residential kitchens, (A)(1)); copy hosted by the City of Lawrence - https://www.cityoflawrence.com/DocumentCenter/View/16826/Good-Manufacturing-Practices-105cmr500-PDF · Massachusetts DPH, Bureau of Environmental Health, Food Protection Program, 'Retail Food Code Standards for Permitted Residential Kitchens', updated April 2019, issued under 105 CMR 590.009(E) (water supply testing prior to permitting and at least annually; handwashing and toilet-room sinks; two-compartment sink only with board approval; 150 F dishwasher; kitchen policies on children, pets, concurrent domestic activity and living/sleeping quarters; cottage food product scope; the six-item label list), copy hosted by the Town of Southborough - https://www.southboroughma.gov/DocumentCenter/View/743/Retail-Food-Code-Standards-for-Permitted-Residential-Kitchens-PDF · Massachusetts DPH Food Protection Program, 'Guidance for Farms and Agricultural Businesses on Cottage Food and Other Food Sales', March 8, 2022 (retail vs wholesale split and the both-licences rule; TCS vs non-TCS lists; cottage-food-only establishments need no Certified Food Protection Manager and no hot/cold holding equipment; residential kitchens may produce only cottage foods; boards of health may be more stringent; FPP.DPH@state.ma.us), copy hosted by the City of Holyoke - https://storage.googleapis.com/proudcity/holyokema/2025/12/83fdec23-guidance-for-farms-and-agricultural-businesses-on-cottage-food-and-other-food-sales.pdf · Massachusetts DPH, Bureau of Environmental Health, Food Protection Program, 'Residential Kitchens Questions and Answers', March 2009 (retail licensed by the local board of health, wholesale by DPH; allowed low-risk foods; prohibited PHFs and prohibited processing operations; pH 4.6 / Aw 0.85 laboratory documentation; standardized recipe; labeling; household members only; no brokers, wholesalers or warehouses; no out-of-state sales; wholesale licence is a License for Food Processing and/or Distribution at Wholesale; 305 South Street, Jamaica Plain, 617-983-6712), copy hosted by the Town of Falmouth - https://www.falmouthma.gov/DocumentCenter/View/2353/Residential-Kitchen-Guidelines · Massachusetts DPH Food Protection Program, 'Starting a Wholesale Food Business in Massachusetts', January 2010, 3rd edition (wholesale residential kitchens are among the businesses DPH licenses and inspects; retail residential kitchens and farmers markets are licensed by the local health department; application processed by the Licensing Unit then field inspection, sometimes joint state and local; 617-983-6700), copy hosted by the Town of Great Barrington - https://www.townofgbma.gov/DocumentCenter/View/356/Starting-a-Wholesale-Business-PDF · 801 CMR 4.02: Fees for Licenses, Permits, and Services to Be Charged by State Agencies - Executive Office of Health and Human Services, 105 Department of Public Health, Division of Food and Drug, item (6) 'Food Processor or Cold Storage Warehouse License 300 annual', published by the Secretary of the Commonwealth - https://www.sec.state.ma.us/reg_pub/pdf/800/801004.pdf · City of Cambridge, 'Resource Guide for Cambridge Cottage Food Operations Permit' (FY22) - consulted for an example of local application handling; states no fee amount - https://www.cambridgema.gov/-/media/Files/CDD/EconDev/PermittingGuides/fy22resourceguideforcambridgecottagefoodoperationspermit.pdf

What's specific about selling cottage food in Massachusetts

Massachusetts is a trap for sellers who expect a "cottage food law": there isn't one, and the rules split by sales channel. Sell direct to consumers (retail) and you are a retail food establishment permitted by your LOCAL board of health under 105 CMR 590.000. Sell to stores for resale (wholesale) and you run a licensed "Residential Kitchen" under 105 CMR 500.000 with a STATE DPH license. Either way your label must meet the SAME federal + state standard as a factory product. The upside for a label generator: there is no goofy home-kitchen disclaimer or oddball state font rule to get wrong — you just have to nail the standard federal elements (identity, ingredients, allergens, net weight, name+address) plus the one Massachusetts add-on: an open date for products with a shelf life under 90 days.

Common mistakes cottage food sellers make in Massachusetts

No disclaimer does not mean no label

Because MA has no cottage-food disclaimer, sellers wrongly assume home-kitchen products are lightly regulated. The opposite is true: full federal-style labeling (ingredients in weight order, net quantity, name/address, FALCPA allergens) is mandatory on every prepackaged product, whether sold retail or wholesale.

The under-90-day open-date rule is MA-specific

If the product is perishable or semi-perishable — estimated shelf life under 90 days (per 105 CMR 500.003: perishable = 60 days or less, semi-perishable = 60 to 90 days) — a "sell by," "best by," or "use by" date is REQUIRED. Long shelf-life foods (90+ days) are optional. This Massachusetts add-on is omitted by most out-of-state templates. Products under 1 1/2 oz net weight are exempt.

Retail permit is local; wholesale license is state

There is no single statewide cottage-food registration. For RETAIL (direct-to-consumer, farmers markets) you get a permit/inspection from your municipal board of health under 105 CMR 590.000. For WHOLESALE (selling to stores) you need a state DPH Residential Kitchen license under 105 CMR 500.000. The permit/license number does NOT go on the label, but you cannot sell without it. (The original record incorrectly cited 105 CMR 500.004/500.014 for retail — retail is 590.000.)

Allergen naming is strict

Tree nuts must be named by specific type (almond, walnut) and fish/shellfish by species (cod, shrimp) in the Contains statement — a generic "tree nuts" is non-compliant under FALCPA as MA enforces it.

How long it takes and what it costs in Massachusetts

Timeline: Plan several weeks. For retail: contact your local board of health, schedule a residential-kitchen/retail inspection, and obtain the permit before selling. For wholesale: apply for a state DPH Residential Kitchen license and inspection. Label design itself can be finalized immediately once the standard federal elements and any open date are set.

Cost: Label content itself: $0. A local retail permit/inspection fee is set by each municipal board of health (commonly tens to a few hundred dollars per year); a state DPH wholesale Residential Kitchen license carries its own fee. Confirm exact amounts with your town's board of health and the MA DPH Food Protection Program.

Massachusetts changes its rules — we'll tell you

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Massachusetts cottage food labels — FAQ

Does Massachusetts require a “made in a home kitchen” disclaimer?

Massachusetts does not require a “made in a home kitchen” disclaimer. Your label still has to meet the standard federal FDA labeling rules (product name, ingredients by weight, allergens, net weight, and your name and address).

Do I have to print my permit number on the label in Massachusetts?

No. Massachusetts does not require a permit or registration number printed on the label.

What has to be on a Massachusetts cottage food label?

At minimum: product name — the common name of the food; your business / producer name; the address of the cottage food operation; a complete ingredient list, in descending order by weight (sub-ingredients included); an allergen declaration — the 9 major FDA allergens, in the ingredient list or a “Contains:” line; net weight, in US customary and metric units; the date the food was made.

Do I need a license to sell homemade food in Massachusetts?

Registration in Massachusetts goes through Two agencies, by channel. RETAIL (direct to consumer): the local board of health of the city or town, which issues the cottage food operation permit and inspects under 105 CMR 590.000. There is no statewide retail application form; DPH's 2022 guidance says 'For a permit application, contact your Local Board of Health.' WHOLESALE: Massachusetts Department of Public Health, Bureau of Environmental Health, Food Protection Program, 305 South Street, Jamaica Plain, MA 02130, phone 617-983-6712 (licensing/inspection line 617-983-6700), FPP.DPH@state.ma.us, which issues the License for Food Processing and/or Distribution at Wholesale under M.G.L. c. 94, s. 305C.. Decide the channel first, because it decides the regulator: direct-to-consumer sales are a local board of health cottage food operation permit; any sale to a store, restaurant or other reseller is a DPH wholesale residential kitchen license; doing both requires both. Confirm the home may lawfully be used: DPH states that permitted retail residential kitchens 'must comply with all applicable municipal laws and zoning ordinances', and 105 CMR 500.015(B) carries the express note that 'municipal zoning regulations may prohibit residential kitchens in some cities and towns'. If the home is on a private water supply, have the water tested for potability before permitting: DPH requires that a permitted retail residential kitchen with a private supply 'must have the supply tested prior to permitting and at least annually thereafter and demonstrate through a written record of testing that the water supply is potable', with the regulatory authority free to require more frequent testing. Sewage must be disposed of through a system approved by the local board of health. Bring the kitchen to the residential kitchen standards DPH published in April 2019: soap dispenser and disposable towels at the kitchen sink, a separate sink in the toilet room because the kitchen sink may not be used for handwashing after toilet use, warewashing sanitation between uses (a two-compartment sink only if the board of health approves it for limited batches), and a home dishwasher only if it reaches a minimum of 150 F after the final rinse and drying cycle.

What foods can I sell under the Massachusetts cottage food law?

Allowed: Non-TCS baked goods - breads, cakes, cookies and similar items that are shelf-stable at room temperature (105 CMR 590.001(C) 'Cottage Food Product'; DPH, Retail Food Code Standards for Permitted Residential Kitchens, April 2019); Jams and jellies (named in the definition of Cottage Food Products, and in the DPH Residential Kitchens brochure); Confectioneries and candy (DPH Residential Kitchens Questions and Answers: 'low-risk foods, such as cakes, cookies, breads, and confectioneries'); Other non-TCS foods that can be held safely at room temperature with no refrigeration required (DPH guidance, March 8, 2022); Products made with TCS ingredients where the finished product is not TCS: 'Ingredients from approved sources that are TCS foods, such as milk, cream, and eggs, may be used in food preparation for the public provided that the final product is not a TCS food' (DPH, April 2019); 105 CMR 500.015(D)(1) states the same rule for the wholesale side; Jams and jellies that are thermal-processed in hermetically sealed containers - the single stated exception to the prohibition on thermal processing (DPH Residential Kitchens Questions and Answers); For a farm, and outside the residential kitchen rules entirely: whole uncut fresh fruits and vegetables, unprocessed honey, pure maple products, and farm fresh eggs held at 45 F or less need no board of health permit at all, including at a public or farmers market (105 CMR 590.010(D)(1) and (F)(1)).

How much can I sell in Massachusetts before I need a commercial licence?

Is this legal advice?

No. CottageCompliance gives general information based on each state's published rules, dated to when we last verified them. Always confirm with your state or local agency before selling.

Source: Massachusetts Department of Public Health, Division of Food Protection, « Retail Food Code Standards for Permitted Residential Kitchens », 1 April 2019, issued under 105 CMR 590.009(E) (the six label items and the kitchen standards), and « Residential Kitchen Questions and Answers », April 2019 (permitting authority, allowed and prohibited foods, prohibited processes, wholesale route, bake-sale exemption). Referenced source: 105 CMR 590.000, State Sanitary Code Chapter X. Reconfirm on mass.gov/lists/retail-food and with your local board of health. Verified 2026-08-10. General information, not legal advice — confirm with your state or local agency before selling.