Wyoming Cottage Food Laws

Wyoming cottage food laws are the best in the entire United States. After much effort and years of persistence, the Wyoming Food Freedom Act “HB 56“was passed into law.

This law made it possible for you to start immediately, as in… right this minute. No license, no tests, no zoning restrictions can be enforced on you in your town – so what are you waiting on?

HOW TO START YOUR COTTAGE FOOD BUSINESS IN WYOMING – LICENSING

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

STEPS TO START

1. Pick foods to offer from the “allowed” food types listed below.
2. Get labels made (see label example below) – not required / customer notification
3. 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If you find an error, omission, mistake, broken link, any outdated information or an addition that we missed – simply email me at [email protected] a link to the page and any information and I’ll send you something awesome.

WYOMING COTTAGE FOOD LAWS – Foods That Are Allowed

The following are products allowed to be made from your home.

BREAD

• Breads
• Bagels
• Baked goods with alcohol
• Biscuits
• Brownies
• Cake pops
• Cakes
• Cookies
• Crepes
• Cupcakes
• Doughnuts
• Muffins
• Perishable baked goods
• Pizzelles
• Rolls
• Scones
• Sweet breads
• Tortillas
• Waffles
• Wedding cakes

Pastries

• Churros
• Cones
• Danish
• Empanadas
• Other Pastries
• Pies
• Tamales

Candy

• Baked candy
• Brittles
• Buttercream frosting
• Candies
• Chocolate
• Confections with alcohol
• Cotton candy
• Fudge
• Truffles

Condiments

• Honey
• Ketchup
• Mustards
• Nut butters
• Oils
• Pickles
• Salsas
• Sauces
• Syrups
• Vinegars

Dry goods

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

Snacks

• Candied apples
• Caramel corn
• Chocolate-covered fruit
• Chocolate-covered items
• Crackers & Pretzels
• Fruit leathers
• Granola
• Kettle corn
• Marshmallows
• Nuts & seeds
• Popcorn
• Popcorn balls
• Vegetable chips

Preserves

• Acidified foods
• Applesauce
• Chutneys
• Fruit butters
• Jams & jellies
• Low-acid canned foods
• Marmalades
• Other Preserves

Other Foods

• Carbonated drinks
• Extracts
• Fermented foods
• Frozen produce
• Hardboiled eggs
• Juices
• Kombucha
• Whole eggs

EVEN MORE OPPORTUNITIES

Above are the items you can sell anywhere in the state. You can also sell ANY kind of fresh, cooked, refrigerated, frozen, dried, canned food or drink as long as it does not contain meat. See this for more info.

You can even sell meat if you raised it. Please see this FAQ sheet for more details.

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

WYOMING COTTAGE FOOD LAWS – PROHIBITED FOODS

• Meat Jerky

NOTE: Many prohibited foods that are baked or cooked into the allowed foods are rendered harmless (non-TCS) and therefore allowed. TCS = Temperature Controlled for Safety

WYOMING 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.

Wyoming caps your income at a quarter million dollars ($250,000.00) annually.

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) i
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.

WYOMING COTTAGE FOOD LAWS LABELING REQUIREMENTS

Wyoming has no food labeling requirements but does require notifications. However there is one BIG reason you should have labels anyway:

1. It’s your BIG opportunity to use the label to market your new business.

WYOMING CUSTOMER NOTIFICATION REQUIREMENTS

If you sell directly to the customer, you must inform them that the homemade food is not certified, labeled, licensed, packaged, regulated, or inspected. This can be done on a label, sign or by mouth.

For wholesale sells through retailers of nonperishable foods at retail stores, you must clearly and prominently label your products with “this food was made in a home kitchen, is not regulated or inspected and may contain allergens”. In addition, the retailer must inform the end consumer that the homemade food is not certified, labeled, licensed, packaged, regulated, or inspected.

Common Information Other States Require On Cottage Food Labels:

• The name and address of the cottage food operation
  
• The name of the cottage food product
  
• The ingredients of the cottage food product, in descending order of predominance of weight
  
• The net weight or volume of the cottage food product
  
• Allergen information as specified by federal labeling requirements
  
• If any nutritional claim is made, appropriate nutritional information as specified by federal labeling requirements
  

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

Wyoming Cottage Food Laws – Sales Rules

Allowed: 

• Events
• Farmers markets
• Home
• Online
• Restaurants
• Retail stores
• Roadside stands
• Catering
• Delivery
• Pickup
• Wholesale

Not allowed:

• Mail Order

•  Be sure to check with any local regulations your town or county may have regarding home based businesses.  

REMEMBER: If you are speaking with anyone unclear on the fact that we can now legally sell home-baked goods,  feel free to give them a copy of this letter written by Erica Smith, the attorney with the Institute for Justice representing the successful lawsuit lifting the ban on the sale of home baked goods that will hopefully clarify things.

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

Wyoming 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.

WYOMING COTTAGE FOOD LAWS IMPORTANT LINKS

• Wyoming Cottage Food Laws – Legislation
• Wyoming Food Freedom Act – Cottage Food – Frequently Asked Questions
• Wyoming Facebook Page For Cottage Food Entrepreneurs
• Wyoming Food Establishment Program
• Wyoming Food Ventures

WYOMING COTTAGE FOOD CONTACT INFO

Wyoming Department of Agriculture
2219 Carey Avenue
Cheyenne, WY 82002-0100
(307) 777-7321
Email Us at [email protected]

Link To Regional Health Services Contact List

UPDATES TO WYOMING 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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