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Massachusetts Cottage Food Laws

Massachusetts cottage food laws has two (2) types of licenses. One allows for a quicker start but has retail restrictions and the other takes a bit more effort to get licensed but allows you to wholesale homemade foods to retail stores including grocery stores.

Foods are limited to non-potentially hazardous foods as is the case with almost every state but Massachusetts does not have any income restrictions.

We are going to focus on the first as it’s the easiest and quickest way to get started and you can upgrade at any time along the way. However, if you prefer to start with the wholesale food business, please click here for the state’s requirements.

HOW TO START YOUR COTTAGE FOOD BUSINESS IN MASSACHUSETTS – LICENSING

Cottage Food Laws - Home Baking Profits

To start your cottage food business, simply follow the steps below.

HOME FOOD OPERATIONS REQUIREMENTS

  • Registration / License required
  • Food safety training certificate may be required by local board of health
  • No Limit on annual sales
  • Food sold face to face, online, markets, stands and even online
  • 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.
  • Food labeling required

STEPS TO START

Always contact your local city / county office and verify if a business license is required prior to starting.

This is simply done by calling the main number to your city and letting them know you are starting a cottage food business and ask if you need a business license.

  1. Pick foods to offer from the “allowed” food types listed below.
  2. Contact your local board of health for registration (Google: board of health near me – or board of heath *your county)
  3. Schedule an inspection of your home kitchen with your local board of health
  4. Have labels to use on your products. (see labels section – below)
  5. Start making money! Massachusetts has no limitations on your annual sales volume.

NOTE: If you are not on municipal services, e.g. water / sewer – you will be required to have your private well water tested and your sewer inspected.

FIND AN ERROR – GET A SPECIAL GIFT

If you find an error, omission, mistake, broken link, any outdated information or an addition that we missed – simply email me at [email protected] a link to the page and any information and I’ll send you something awesome.

MASSACHUSETTS COTTAGE FOOD LAWS – Foods That Are Allowed

The following are examples of products allowed to be made from your home. Keep in mind that some items, for example… breads like focaccia bread are not allowed.

Always check first: (see contact info below)

Your local board of health may require a food to be tested for pH levels if not already approved or has questionable ingredients. (see food testing / acidity information in the next section)

BREAD

  • Bagels
  • Biscuits
  • Breads
  • Brownies
  • Cakes
  • Cookies
  • Doughnuts
  • Muffins
  • Pizzelles
  • Rolls
  • Scones
  • Sweet breads
  • Tortillas


Candy

  • Baked candy
  • Brittles
  • Chocolate
  • Cotton candy
  • Fudge

Condiments

  • Honey
  • Ketchup
  • Mustard
  • Nut butters
  • Oils
  • Pickles
  • Salsas
  • Sauces
  • Vinegars


Dry goods

  • Cereals
  • Coffee beans
  • Dried fruit
  • Dried vegetables
  • Herbs
  • Mixes
  • Pasta noodles
  • Spices & Seasonings
  • Tea leaves


Pastries

  • Cones
  • Empanadas
  • Other Pastries
  • Pies

Snacks

  • Caramel corn
  • Chocolate-covered items
  • Crackers & Pretzels
  • Fruit leathers
  • Granola
  • Kettle corn
  • Marshmallows
  • Nuts & seeds
  • Popcorn
  • Popcorn balls

Preserves

  • Fruit butters
  • Jams & jellies
  • Marmalades

If your food item is in question and not listed above, you can reach out and see if your food would be considered non-TCS / non-potentially hazardous:

Massachusetts Food Protection Program
305 South Street
Jamaica Plain, MA 02130
617-983-6712
or call your local board of health

Real Life Cottage Food Entrepreneurs and Opportunities

MASSACHUSETTS COTTAGE FOOD LAWS – PROHIBITED FOODS

  • Pickles
  • Sauces
  • Foods that require refrigeration / perishable foods
  • Fermented foods

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.

MASSACHUSETTS ANNUAL SALES LIMITS

Most states set a cap on what you’re allowed to make annually. This is usually put in place to push you towards opening a full-fledged retail business while at the same time letting you start from home.

Massachusetts puts no cap on your annual income. This is how all states should be.

So go make as much as you want! Below is what the state of Colorado puts out to help folks wanting to go beyond cottage foods.

Colorado created a brochure on going beyond cottage food once you’ve outgrown or hit your maximum allowed income.

I have provided it here for a resource as you grow your business and wish to expand.

Colorado Cottage Food Laws

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.

MASSACHUSETTS COTTAGE FOOD LAWS LABELING REQUIREMENTS

A Cottage Food Operation may only sell cottage food products which are prepackaged with an ingredient label.

The product does not need to be analyzed by a laboratory to obtain an official ingredient list, but all ingredients must be listed in descending order of predominance by weight.

If a prepared item is used in the recipe, sub-ingredients must also be listed.

For example, if you use soy sauce as an ingredient, listing soy sauce is not acceptable; soy sauce (wheat, soybeans, salt) is acceptable. (590.003; FC 3-602).

The label affixed or provided to the direct consumer must contain the following information (printed in English):

  1. The name and address of the Cottage Food Operation;
  2. The name of the Cottage Food Product;
  3. The ingredients of the Cottage Food Product, in descending order of predominance by weight;
  4. The net weight or net volume of the Cottage Food Product;
  5. Allergen information as specified by federal labeling requirements. This includes identifying if any of the ingredients are made from one of the following food groups: milk, eggs, wheat, peanuts, soybeans, fish (including shellfish, crab, lobster or shrimp) and tree nuts (such as almonds, pecans or walnuts); AND
  6. Nutritional labeling as specified by federal labeling requirements is required if any nutrient content claim, health claim, or other nutritional information is provided. 

Below is an example of Maryland requires on their labels.

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

Maryland Cottage Food Laws Labeling

Massachusetts Cottage Food Laws – ALLERGENS ON LABELING

The FDA lists eight (8) 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

Simply add to your label: “NOTICE: SOYBEANS USED IN THIS RECIPE” 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

Massachusetts Cottage Food Laws – Sales Rules

Cottage food products can be sold directly to a consumer from a residence, at a farmer’s market, at a public event, by personal delivery and online.

However they do not allow mail order products.

All sales, including online sales, are restricted to:

Events
Farmers markets
Home
Online – Social Media is an excellent method. Discover how our VU members do this.
Roadside stands
Delivery
Pickup

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

Some states do NOT require you take a food safety and handling course. However, Massachusetts has some regions that do require it.

Knowing the safe handling practices will protect you and your customers, it is always a good idea to take a quick online class and get certified.

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 our proud to display their food safety certificates as a way to insure their customers that they care. This helps your business.

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.

MASSACHUSETTS COTTAGE FOOD LAWS IMPORTANT LINKS

MASSACHUSETTS COTTAGE FOOD CONTACT INFO

Massachusetts Food Protection Program
305 South Street
Jamaica Plain, MA 02130
617-983-6712
or call your local board of health

UPDATES TO MASSACHUSETTS 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 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

Vendors United - Cottage Food Laws

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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