Kansas Cottage Food Laws

Kansas cottage food laws are simple. Without a license you can get started today.

You can later expand into restricted food products by obtaining licensing and continue to grow your cottage food business.

HOW TO START YOUR COTTAGE FOOD BUSINESS IN KANSAS – LICENSING

KANSAS doesn’t require a license or permit for cottage food businesses who make and sell foods that are non-potentially hazardous or are non – Temperature Controlled (no refrigeration required)

COTTAGE FOOD BUSINESS

• No license required – Start now!
• No food safety certificate required
• No limit on annual sales
• Food limited to non TCS (Temperature Control for Safety) only – this is standard across the country as all cottage food operations are limited to non-potentially hazardous / TCS foods.
• Products must be labeled

STEPS TO START TODAY

1. Review list of non-potentially hazardous foods that are generally acceptable (below)
2. Contact your city / county about a business permit or license (may not be required)
3. Review food safety information below
4. Start making money!

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KANSAS COTTAGE FOOD LAW – Foods That Are Allowed

Although Kansas doesn’t maintain a list of allowed foods, the following foods are generally allowed under other state’s cottage food laws as foods that are neither potentially hazardous nor temperature controlled.

The government uses acidity levels / pH levels to determine a foods safety for sales without refrigeration. Below you’ll find out how to confirm your foods

Non-Potentially hazardous foods:

• Breads (Sweet breads and Plain bread)
• Bagels
• Biscuits 
• Brittles
• Brownies and fudge
• Cakes – teacher turns kitchen into bakery
• Candies (hard candies, toffee, etc.)
• Caramel corn
• Chocolate Fudge
• Chocolate-covered fruit
• Chocolate-covered items
• Cookies
• Crackers
• Doughnuts – cottage mini donut vendor
• Dry pasta
• Dry spice mixes
• Fruit jams and jellies – See Additional Requirements Here
• Funnel Cakes
• Granola
• Honey
• Kettle corn – real kettle corn vendors from home
• Spices & Seasoning Mixes
• Muffins
• Pastries
• Pies (Fruit pies with fruit and sugar fillings)
• Popcorn (plain and flavored) – see a real home vendor here
• Pretzels
• Pumpkin breads, cakes, cookies, muffins, and rolls
• Roasted coffee beans
• Roasted nuts
• Rolls
• Scones
• Tarts
• Toffee
• Tortillas
• Truffles
• Waffle cones

Real Life Cottage Food Entrepreneurs and Opportunities

• Cakes – teacher turns kitchen into bakery
• Doughnuts – cottage mini donut vendor
• Fruit jams and jellies – See Additional Requirements Here
• Kettle corn – real kettle corn vendors from home
• Popcorn (plain and flavored) – see a real home vendor here
• Talk and Join hundreds of others here: VendorsUnited.com

KANSAS COTTAGE FOOD LAWS – PROHIBITED FOODS

• Raw doughs
• Acidified, low acid canned foods
• cured foods
• fermented foods
• juices
• Pickles
• Salsa
• Sauerkraut
• candies (soft candies such as chocolates may be allowed after testing, so check with your local health department)
• cream filled pastries and breads

NOTE: Although eggs, milk and dairy products are not allowed, used as ingredients for the allowed foods – is acceptable.

Many prohibited foods that are baked or cooked into the allowed foods are rendered harmless (non-TCS) and therefore allowed.

KANSAS ANNUAL SALES LIMITS

Kansas has no limits set for annual sales. But as you grow, you may want to open and expand into wholesale and retail food sales.

Below is what Colorado created to help cottage food businesses grow.

ACIDITY LEVELS AND TESTING

Most states determine if a food is non-potentially hazardous by the acidity level found in the food. The higher the acidity, the more stable at a range of temps, that food product is.

For example: milk is low acidity and requires temperature controls.

The acidity of foods is measured by pH.

• The range of pH is commonly considered to extend from zero to 14. A pH value of 7 is neutral because pure water has a pH value of exactly 7. Values less than 7 are considered acidic, while those greater than 7 are considered basic or alkaline.

• All fruits are acidic foods and are usually tart and sour. Ex: tomato, lemon, peach, apple, etc.

• The FDA rule for acidic foods states that a food must have a pH below 4.6 to be sold as a minimally processed food.

• The reason for this is bacteria does not grow at this level of acidity.

• The exclusion shall not be construed as allowing the sale of low acid foods (pH > 4.6) in
hermetically sealed containers (i.e. home-canned green beans, peas, etc.) when such
food is not prepared in a permitted establishment.

TESTING

Some states require testing if the pH level is unknown. For many food products, the pH level is already known.

You can test for pH yourself using a pH spear tester. (make sure it is made for food and has a long spear tip).

Oklahoma State University shares an awesome guide for selecting the correct tester for foods and liquids which includes tips and tricks for operation and maintenance. Get The Guide Here.

KANSAS COTTAGE FOOD LAW LABELING REQUIREMENTS

KANSAS cottage food laws require labeling on products made and sold from your home. The following information must be included on packaged food products:

• Common or usual name of food product.
• Name and physical address of the person who made or is selling the product.
• Ingredients of food product, listed in descending order of predominance.
• Quantity (net weight, volume or numerical count, depending on the product).

Below is an example of what a label might look like.

Using VistaPrint.com or similar – you can quickly create professional labels that not only serve to meet the state cottage food guidelines but also serve for marketing your awesome business and products.

You’ll find some fantastic examples of this from members inside VendorsUnited.com

ALLERGENS ON LABELING

The FDA lists nine (9) major food allergens. Listing any of these on your label is a smart business practice and will certainly help your customers choose a product.

• Milk
• Eggs
• Fish (e.g., bass, flounder, cod)
• Crustacean shellfish (e.g., crab, lobster, shrimp)
• Tree nuts (e.g., almonds, walnuts, pecans)
• Peanuts
• Wheat
• Soybeans
• Sesame seeds

Simply add to your label: “CONTAINS: SOYBEANS” Some go as far to announce that a certain allergen is used in the same kitchen.

Some states require you list any potential allergens and potential for any cross contamination even if the allergen is not used in the recipe.

FDA Allergen Labeling Example: Contains Wheat, Milk, Egg, and Soy

WHERE CAN I SELL MY COTTAGE FOOD PRODUCTS

KANSAS Cottage Food Laws – Sales Rules

Kansas has no restrictions listed for where you are allowed to sell your foods. However, they do state that in order to wholesale your goods, you’d need to get licensed.

Many states who do list stipulations for sales include, internet sales, person to person, markets, fairs, festivals and otherwise normal retail sales.

Inside kitchenincome.com you can find out how many cottage food entrepreneurs are getting sales faster than they can make the food.

FOOD HANDLER TRAINING AND BEST PRACTICES

KANSAS cottage food laws does NOT require you take a food safety and handling course. However, knowing the safe handling practices will protect you and your customers.

There are many short courses you can take online and actually get certified and be able to share that with your customers.

Many of our VendorsUnited.com members are proud to display their food safety certificates as a way to insure their customers that they care. This helps your business.

• Short courses that provide food handling and safety certification
• Free info from the FDA – food safety

SAFE PRACTICES

Much of this may seem like common sense, but even if you already know, it’s a good idea to remind yourself with a list of things that can prevent you from missing something small.

And if for no other reason… CYA! CYA = Cover Your A#%

CLEAN WORK AREA / WORK SPACE / SANITIZATION

Providing safe to eat foods from your kitchen – starts in your kitchen.

Keep your area clean and sanitized to avoid cross contamination and to insure you provide your customers and clients with the safest and best foods they can get.

The following are some “common” sense things you can do to insure the best environment for preparing foods to sell:

• ​Keep all equipment and surface areas clean and sanitized
• Make sure window and door screens are bug proof with no gaps
• Keep ingredients separate to prevent cross contamination / e.g. raw eggs near flour
• No pets in work area and preferably none in the home
• Allow no-one with a cold, sniffles or sick in kitchen while preparing foods
• Wipe down walls and clean floors daily
• Use good lighting to avoid missing unclean areas
• Keep window and door screens in good repair to keep insects out
• Wash hands frequently while working and use food grade gloves for extra safety
• Keep areas of food storage and equipment storage clean and sanitized

RECORD KEEPING

Why keep these types of records?
Let’s say the inspector calls you and says they got a report that your banana bread, someone purchased, made them sick.

You’ll be able to show that you didn’t even make banana bread that week and that the person who reported you, bought that 4 weeks ago and you weren’t even the one that sold it to him.

This does not need to be complicated. I love my yellow legal pads and they make an inexpensive tool for keeping up with the following:

• The recipes you use including ingredients
• The process you use to prepare that specific recipe: (can be just like recipe instructions)
• Date made (can be coded for your own use only if your state doesn’t require the production date) e.g. Made 12.22.29 = 292212
• Date sold (you can have a batch code to help track a certain batch) Simply write down date you sold an item
• Location sold is another great piece of information to keep track of
• Sales receipts are something great to keep for a couple of reasons and over at KitchenIncome.com I dive into the best practices, best systems and best methods for tracking, managing, selling and shipping.

COTTAGE FOOD lIABILITY INSURANCE

We live in a society that likes to sue. I can sue you for wearing that color shirt. No kidding! Of course I probably won’t win, but at the very least, it’s gonna cause you stress and some costs.

Liability insurance is a MUST.

It can be expensive – but several years ago, I found FLIP and by far, they gave me the most protection (coverage) and allow you to run your cottage food business without fear of being sued.

WHY? Because they provide the lawyers. And their lawyers… they are good!

Of course you should price shop around with your local agent or a national brand company, but rest assured, I’ve done all the legwork for you.

Alternatively, some folks opt to get bonded. You’ve heard the saying before: “licensed and bonded”. A bond is usually provided from an insurance bonding company or your own insurance company.

My first time, I got a bond at State Farm.

A bond is expensive comparatively but is less out of pocket in the beginning. Of course, it’s way, way less insurance / coverage too.

A $10,000 bond may cost $50 annually while a $2,000,000.00 liability policy may cost a few hundred a year.

No matter what you decide… knowing you’re insured against frivolous lawsuits is worth every penny.

KANSAS COTTAGE FOOD LAWS IMPORTANT LINKS

• Kansas Cottage Food Sales at Farmer’s Markets
• Kansas Home Kitchen Used For Retail Licensing Guide
• Kansas Department of Agriculture – Food Division

KANSAS COTTAGE FOOD CONTACT INFO

Topeka Office
900 SW Jackson, Room 456
Topeka, Kansas 66612
785-296-3556
[email protected]

UPDATES TO KANSAS COTTAGE FOOD LAWS

From time to time, links, info, rules and numbers change, are updated or made obsolete.

Although I spend time daily with hundreds of vendors (many of which are cottage food businesses) – I can miss an update.

If you find a broken link, outdated information or any other issue… please let me know and I’ll send you a special gift for helping me maintain the best site on the internet for the cottage food industry.

My goal has always been to have a central place that is absolutely free for those starting out or existing entrepreneurs who use their homes and kitchens to make real incomes.

Please send to [email protected] / or post inside the private VendorsUnited.com group.

Need more resources? Check it out HERE (Helpful Resources)

Take a peek at the best vendors on the planet, the community that rocks the food vending world: Vendors United…

Disclaimer

This information is provided to help those interested in starting a cottage food business. It is not a document made by the state government. This information is not provided as law nor should be construed as law. Always use the contact information for each state to confirm compliance and any changes.

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