Kentucky Cottage Laws
Kentucky went from being one of the last states without cottage food laws to having a pretty solid program for home bakers! Here's everything you need to know about starting your home-based food business in the Bluegrass State.
What Are Kentucky's Cottage Food Laws?
Kentucky calls their program “Home-Based Processing,” and it allows you to make and sell certain non-potentially hazardous foods from your home kitchen. Kentucky distinguishes between two types of producers:
Home-Based Processors (Most Common)
For people making traditional cottage foods – this is what most beginners will use.
Home-Based Microprocessors
For people who grow their own primary ingredients and want to make higher-risk items like acidified foods.
This guide focuses on Home-Based Processors since that's what most home bakers will need.
What Can You Make and Sell?
Kentucky allows non-potentially hazardous foods – items that are shelf-stable and safe at room temperature:
Baked Goods
- Breads, rolls, bagels
- Cakes, cupcakes, muffins
- Cookies, brownies, cake pops
- Pastries, donuts, scones
- Wedding cakes, tortillas
- Fruit pies (but not cream pies)
Sweet Treats
- Candies and confections
- Fudge (but you can't touch candy with bare hands!)
- Granola and trail mix
Preserves & Syrups
- Fruit jams, jellies, and preserves (traditional high-sugar varieties)
- Fruit butter
- Maple syrup and sweet sorghum syrup (only these types allowed)
Other Items
- Whole fruits and vegetables
- Mixed greens
What You CAN'T Make
- Any refrigerated items (cheesecakes, cream pies, etc.)
- Low-sugar or no-sugar jams and jellies
- Pepper jellies
- Acidified foods (pickles, salsas, BBQ sauce) – unless you're a microprocessor
- Nut butters, oils, vinegars
- Products containing alcohol
- Meat, poultry, seafood
- Most canned goods
Special note: If you want to make items not on the approved list, contact the Kentucky Food Safety Branch at (502) 564-7181 to ask about approval.
Where Can You Sell?
Kentucky allows direct sales to consumers at:
Approved Venues:
- From your home
- Farmers markets
- Certified roadside stands
- Community events, fairs, and festivals
- Throughout the state of Kentucky
What you CAN'T do:
- Wholesale to restaurants or grocery stores
- Ship products via mail
- Sell online (except for advertising/taking orders for pickup)
- Sell out of state
Requirements to Get Started
1. Register with the State
- Cost: $50 annually
- When: Must register before selling
- Where: Kentucky Department for Public Health's Food Safety Branch
- Form: Submit DFS-250 Application for Home-Based Processors
- Renewal: You'll receive a renewal invoice each year
2. No Training Required
Unlike many states, Kentucky doesn't require food safety training (though it's recommended).
3. No Home Inspection Required
Kentucky doesn't inspect home kitchens for cottage food operations.
4. Sales Limit
Maximum $60,000 per year in gross sales.
Labeling Requirements
Every product must be labeled with:
- Product name (common or usual name)
- Your name and address (including street address, city, state, zip code)
- Complete ingredient list in descending order by weight
- Net weight or volume by standard measure
- Production date
- Allergen identification for the “Big 8” allergens (milk, eggs, wheat, soy, peanuts, tree nuts, fish, shellfish, sesame)
- Required statement in 10-point type: “This product is home-produced and processed”
Special Rules and Restrictions
Kitchen Requirements
- Primary residence only – must be made in your main home
- No commercial equipment allowed
- No domestic activity during food production (keep it separate from household activities)
- Children and pets restricted during food production
- Standard household kitchen is fine
Handling Restrictions
- Cannot touch candy with bare hands – must use gloves or utensils
- Direct sales only – you must be present during sales
- No employees – family members living in the household can help
Getting Started: Your Action Plan
Step 1: Check Your Product Make sure what you want to make is on Kentucky's approved list.
Step 2: Plan Your Business Decide where you'll sell and estimate your annual sales (must stay under $60,000).
Step 3: Register with the State
- Download form DFS-250 from the Kentucky Department for Public Health
- Submit with $50 registration fee
- Wait for approval (usually quick)
Step 4: Create Labels Design labels with all required information, including the mandatory statement.
Step 5: Check Local Requirements Contact your city/county about:
- Zoning restrictions for home businesses
- Any local business licenses needed
Step 6: Start Selling Begin at farmers markets or community events to test your products.
The Money Side: $60,000 Annual Limit
Kentucky's $60,000 annual sales limit is quite generous compared to many states. This allows for substantial growth while keeping you in the cottage food category.
Special Opportunities
Honey Exemption
Kentucky has a separate exemption allowing you to sell up to 150 gallons of honey per year without registering as a home-based processor.
Egg Sales
You can sell up to 60 dozen eggs per week under a separate exemption.
Microprocessor Option
If you grow your own ingredients, you might qualify as a home-based microprocessor, which allows you to make higher-risk items like pickles and salsas (with additional requirements).
Success Tips for Kentucky
Start simple: Begin with items you're confident making well, like cookies or breads.
Perfect your labels: Kentucky has detailed labeling requirements – make sure you include everything.
Build relationships: Since you can only sell directly to consumers, focus on building personal connections.
Consider farmers markets: These are great venues for building a customer base in Kentucky.
Keep good records: Track sales to stay under the $60,000 limit and for tax purposes.
Network locally: Connect with other Kentucky home bakers through social media groups.
Resources and Support
Kentucky Home Bakers: Active community on Facebook and online for support and networking.
University of Kentucky Extension: Provides educational resources (though not required training).
Food Safety Branch: Contact (502) 564-7181 for questions about approved foods or requirements.
The Bottom Line
Kentucky offers a solid cottage food program that balances reasonable regulation with entrepreneurial opportunity. The $50 annual fee is modest, the $60,000 sales limit is generous, and the lack of training requirements makes it easy to get started.
Perfect for: Home bakers who want to start a legitimate food business with minimal bureaucracy.
Challenges: Limited to direct sales only, no shipping allowed, and some restrictions on candy handling.
The bigger picture: Kentucky's journey from farmer-only access to inclusive cottage food laws shows how grassroots advocacy can create positive change.
Since opening to everyone in 2018, Kentucky has seen steady growth in home-based food businesses, proving that the state's residents were ready and waiting for this opportunity.
Whether you're looking to supplement your income with weekend farmers market sales or build a substantial home-based business approaching the $60,000 limit, Kentucky's cottage food laws provide a stable foundation for success.
Ready to start your Kentucky cottage food business? Contact the Food Safety Branch at (502) 564-7181 or visit chfs.ky.gov for registration forms. Connect with Kentucky Home Bakers online for community support. Happy baking in the Bluegrass State!
