New Hampshire Cottage Laws
Have you ever dreamed of turning your passion for baking into a small business? If you live in New Hampshire, you're in luck! The state's “Homestead Food Laws” (their version of cottage food laws) make it surprisingly easy to start selling your homemade goodies right from your own kitchen.
Whether you're thinking about selling cookies at the local farmer's market or dreaming of starting a small bread business, this guide will walk you through everything you need to know in simple, easy-to-understand terms.
What Are New Hampshire's Homestead Food Laws?
Think of these laws as your golden ticket to legally sell certain homemade foods without needing an expensive commercial kitchen or complicated licensing. New Hampshire allows home food manufacturing under certain circumstances through their Homestead Food Laws, which were established in 2011.
The best part? There is no limit for how much an operator can sell, unlike many other states that cap your annual earnings.
Two Ways to Get Started: Licensed vs. Unlicensed
New Hampshire gives you two paths to choose from:
Path 1: Unlicensed (The Easy Start)
This is perfect if you're just testing the waters. Unlicensed operators can sell homemade food at farmers markets, from home, or at their own farm stand. You can start immediately without any paperwork or fees!
Where you can sell:
- Farmers markets
- From your home
- Your own roadside stand or farm stand
Path 2: Licensed Homestead Operation (More Freedom)
If you want to expand your reach, operators who get a Homestead License can sell at almost any sales venue, including wholesale, selling online, and shipping products.
Additional places you can sell with a license:
- Online (your own website, social media)
- Retail stores
- Restaurants
- Ship products to customers
- Wholesale to other businesses
An annual license is $150 and requires some additional paperwork, but it opens up many more opportunities.
What Foods Can You Make and Sell?
The key rule is simple: you can only sell “non-potentially hazardous” foods. These are foods that don't need refrigeration and are safe at room temperature.
✅ Foods You CAN Make:
Most types of non-perishable foods are allowed, including:
Baked Goods:
- Breads and rolls
- Cookies and brownies
- Cakes and cupcakes (without cream-based frostings)
- Muffins and scones
- Bagels and donuts
- Wedding cakes (non-cream based)
Other Allowed Foods:
- Candies and confections
- Granola and trail mix
- Popcorn and snacks
- Jams and jellies (using approved recipes)
- New Hampshire House Bill 1565, passed in 2024, allows acidified foods to be sold without a license – this includes pickles, salsas, and similar items
❌ Foods You CANNOT Make:
The state prohibits the sale of homemade products containing meat, poultry, fish, shellfish, and crustaceans. In addition, New Hampshire cottage food producers may not sell eggs; milk and dairy products; cooked, plant-based foods (e.g., cooked rice, beans, or vegetables); honey; maple syrup; baked potatoes; mushrooms; raw sprouts; tofu and soy-protein foods; and untreated garlic and oil mixtures.
Important Note about Cream Frostings: Homemade buttercream or cream cheese frosted baked goods are only allowed if they have been tested and found to have a pH less than 4.6 or water activity less than 0.85.
Kitchen Requirements: Simpler Than You Think
Your home kitchen probably already meets most requirements! Here's what you need:
Basic Kitchen Setup:
Either a residential model dishwasher and a one-compartment sink OR a two-compartment sink to wash, rinse and sanitize your utensils. A home refrigerator with a thermometer. Refrigerator temperature maintained at 41°F or less.
Safety Rules:
- No pets in the kitchen during food preparation and packaging
- If the bathroom opens directly to the kitchen, it must have a self-closing door and mechanical ventilation
- Keep accurate records of what you bake each day
- Maintain proper food safety practices
Labeling Requirements: What Must Go on Your Products
Every product you sell needs a proper label. Don't worry – it's not as complicated as it sounds!
Required Information on Every Label:
The name of each major food allergen contained in the food unless it is already part of the common or usual name of the respective ingredient already disclosed in the ingredient statement
- Your business information: Name, physical address, and phone number
- Product name: What you're selling (like “Chocolate Chip Cookies”)
- Ingredients list: All ingredients listed by weight, heaviest first
- Allergen information: Must list major allergens like wheat, eggs, milk, nuts, etc.
- Batch code: Can be as simple as your “baked on” date
- Required disclaimer: This depends on whether you're licensed or not
Disclaimer Statements:
- If unlicensed: “This product is exempt from New Hampshire licensing and inspection.” (in at least 10-point font)
- If licensed: “This product is made in a residential kitchen licensed by NH DHHS.” (in at least 10-point font)
Getting Started: Your Step-by-Step Action Plan
If You Want to Start Unlicensed (No paperwork needed):
- Choose your products from the allowed foods list
- Set up your kitchen according to the basic requirements
- Create your labels with all required information
- Start selling at farmers markets, from home, or at your farm stand
- Keep good records of what you make and sell
If You Want to Get Licensed (More selling opportunities):
- Apply for a Homestead License – $150 annual fee
- Submit required documents:
- License application form
- Water test results (if using well water)
- Complete list of products you'll make
- Sample labels for each product
- Process reviews for custom recipes (jams, sauces, etc.)
- Wait for approval
- Start selling anywhere you'd like!
Pro Tips for Success
Start Small: Begin with 2-3 products you're confident making consistently well. You can always expand later.
Perfect Your Recipes: A process review is required if you use your own jam, jelly, acid foods (vinegars, mustards, BBQ sauces), or acidified food recipe or “tweak” a recipe found on the National Center for Home Food Preservation website.
Build Relationships: Farmers markets are great places to start because you can talk directly with customers and get immediate feedback.
Keep Detailed Records: Keep accurate records of what you bake each day. Assign each package a batch code, which can be simply the date you produced the items. This will help you if you have a problem or product recall.
Consider Food Safety Training: While not required, taking a food safety course shows customers you take their health seriously and can help your business grow.
Recent Changes and Future Improvements
New Hampshire continues to improve opportunities for home food producers. A group of bills backed by bipartisan sponsors would allow for QR code or website ingredient lists in some circumstances, permit once-weekly food service without needing a food service license, open up the opportunity for production spaces outside the home kitchen, and make other tweaks aimed at reducing barriers for home-based food producers.
Important Considerations
Local Rules: There are 15 cities and towns in New Hampshire that are self-inspecting and may require additional requirements or don't allow Homestead Operations. Check with your local government to make sure cottage food operations are allowed in your area.
Insurance: While not required by law, consider getting product liability insurance to protect your business.
Business License: You may need a general business license from your city or town, separate from the homestead food requirements.
Ready to Get Started?
New Hampshire's Homestead Food Laws are designed to help people like you turn their passion for baking into a small business. Whether you start with the unlicensed route to test the waters or dive in with a full license for maximum flexibility, the state makes it relatively easy to begin.
Remember, every successful food business started with someone who had a dream and took the first step. Your delicious homemade goods could be the next big hit at your local farmers market!
Need More Information?
For specific questions about New Hampshire's Homestead Food Laws, contact:
- NH Department of Health and Human Services Food Protection: 603-271-4589 or DHHS.FoodProtection@dhhs.nh.gov
- Visit: https://www.dhhs.nh.gov/programs-services/environmental-health-and-you/food-protection/homestead-food-operations
Disclaimer: This blog post provides general guidance based on current New Hampshire regulations. Laws can change, and individual situations may vary. Always check with the New Hampshire Department of Health and Human Services for the most current requirements and to confirm your specific situation complies with all applicable laws.
