Missouri Cottage Food Laws

Missouri cottage food laws make it easy to open. Missouri cottage food law allows online in-state sales and has no annual sales limit.

Getting started is as simple as saying… I’m going to open and run my own cottage food operation from my home – starting right now.

HOW TO START YOUR COTTAGE FOOD BUSINESS IN MISSOURI – LICENSING

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

COTTAGE FOOD OPERATIONS REQUIREMENTS

• Start Right Now – No License or Permit needed (see steps to start in next section)
• Food safety training certificate is not required (see food safety section on this page)
• Food sold face to face, online (in-state only), markets, stands
• Food limited to non-Potentially Hazardous / 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 or signage when not packaged (see labeling section below)

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. Check with your local city/county for any zoning restrictions
3. Get labels made (see label example below)
4. Start baking/cooking, marketing and selling

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If you find an error, omission, mistake, broken link, any outdated information or an addition that we missed – simply email me at [email protected] a link to the page and any information and I’ll send you something awesome.

MISSOURI 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) VERIFY ANY FOOD YOU PLAN TO MAKE… CALL: 573-751-6095

Missouri really doesn’t have a program or descriptive outline for cottage food businesses. Instead they say…

The majority of the foods that can be produced in a home setting are covered within the food code, by a section of the definition of what a food establishment ‘is’ or ‘is not’.

In essence saying that they want you to read the code and decipher and interpret – what is or is not a food establishment – as cottage food would not be a regulated food establishment.

The code goes further and states that ultimately the “department” has the final say in what can or can’t be served.

I subscribe to the “better to ask for forgiveness than to beg for permission” logic and who is the “department”, exactly?

Is the “department” any employee there? Is it the director? Or one of the admin?

I’ll bet you 10:1 odds, if you ask 7 people in a “department” the same question, you’re likely to get multiple answers.

Someone told me that they read online that the State of Missouri does not allow popcorn. Yet, popcorn most definitely falls into the Non-Potentially Hazardous foods category.

This is confirmed by the FDA and the U.S. Department of Agriculture.

Odds are, the person who put this information online, got it from someone who may be misinformed and likely talked to some ill-informed person in the “department”.

My 2¢ – Call 573-751-6095 and ask, but take down the name of the person you spoke with. Find out what position they have there and if the answer doesn’t sound right, move up the chain of command inside the Missouri “department”.

One “department” employee could have been misinformed or simply making it up, so always, do your DUE DILIGENCE… and speak to someone who actually knows. (usually someone further up the food chain than a person who answered the phone)

QUOTE DIRECTLY FROM STATE WEBSITE ON WHAT CAN BE SERVED

Non-potentially hazardous processed food, except low acid canned and
acidified foods as specified in 21 CFR 113 and 114 respectively,
including, but not limited to breads, cookies, fruit pies, jams, jellies,
preserves, fruit butters, honey, sorghum, cracked nuts, packaged spices
and spice mixes, dry cookie, cake, bread, and soup mixes;

21 CFR 113 / 114 are US Codes

NOTE: Above it says, “including, but not limited to breads, cookies…” etc…

The list below are the non-potentially hazardous foods. Not necessarily allowed by the Missouri “department” – but should be.

As stated above, double check with someone in authority before going all-in on a food.

Remember the Missouri code says exactly… “not limited to breads, cookies, fruit pies, jams, jellies, preserves, fruit butters, honey, sorghum, cracked nuts, packaged spices and spice mixes, dry cookie, cake, bread, and soup mixes“

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 and preserves that comply with the standard described in part 150 of Title 21 of the code of Federal Regulations: CLICK HERE
• 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:

Missouri Department of Health & Senior Services – DHSS
573-751-6095

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

MISSOURI COTTAGE FOOD LAWS – PROHIBITED FOODS

• Potentially hazardous foods
• Most refrigerated 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.

MISSOURI 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.

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.

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.

MISSOURI COTTAGE FOOD LAWS LABELING REQUIREMENTS

The basic information that should be on your label is as follows:

• Name and address of the person who made the product.
• The product name.
• Ingredients in descending order of predominance.
• Net weight of the food.
• A statement that the product is prepared in a kitchen not subject to inspection by the Missouri Department of Health and Senior Services.
• Honey producers are recommended to include this statement: “Honey is not recommended for infants less than 12 months of age.”
• At the point of sale, producers must display a clearly visible sign stating that the food is prepared in a kitchen not subject to state inspection.

COTTAGE FOOD LABEL EXAMPLE

Below is an example of what another state 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

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

Missouri Cottage Food Laws – Sales Rules

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

*All sales including online must remain in state and be exchanged in person. Wholesale, out of state and mail order are not allowed. Missouri codes on where you may sell your foods are as clear as mud. The “department” states:

(iii) The seller only sells, samples or serves the food directly to the end consumer;

You can’t wholesale foods and you may only sell your goods direct from you to them. (which is what most states allow).

Again, like I stated above in the Allowable Foods section… you can call the “department” and ask, but make sure you’re talking to someone in authority and someone who can verify their answer with the state code.

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

Missouri does NOT require you take a food safety course.

However, 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 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.

MISSOURI COTTAGE FOOD LAWS IMPORTANT LINKS

• Missouri Food Codes – Laws
• Missouri Cottage Food Laws Specific to Acidified Foods (113 & 114)
• DHSS Frequently Asked Questions – FAQ – (Line item 2 is the only one about Cottage Food)
• Although the state code specifically states that your cottage food business isn’t regulated by the local health department – it does state that in the event of a complaint or sickness resulting from your food, they will contact you and inspect.
  
  Your local health department can also be a great resource when you have a question about the foods you offer. This is the list of the Missouri Local Public Health Agencies contact info.

MISSOURI COTTAGE FOOD CONTACT INFO

Bureau of Environmental Health Services
Section for Environmental Public Health
Missouri Department of Health and Senior Services
PO Box 570
Jefferson City, MO 65102-0570

Phone: 573-751-6095 or (toll-free) 866-628-9891
Fax: 573-526-7377
Email: [email protected]

Missouri Local Health Agencies – Lookup

UPDATES TO MISSOURI 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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