Yes, selling homemade food is legal in Massachusetts under specific conditions outlined by the Massachusetts Department of Public Health (MDPH) and local boards of health. The state permits the sale of certain low-risk foods prepared in home kitchens through the Cottage Food Law, though compliance with labeling, sales channels, and food safety standards is mandatory.
Key Regulations for Selling Homemade Food in Massachusetts
- Permitted Foods: Only non-perishable, low-risk foods (e.g., baked goods, jams, granola) are allowed. Perishable items or those requiring refrigeration are prohibited under the Cottage Food Law.
- Sales Channels: Products may be sold directly to consumers at farmers’ markets, roadside stands, or online, but wholesale distribution to retail stores or restaurants is restricted.
- Labeling Requirements: Mandatory labels must include the producer’s name/address, ingredients, allergens, net weight, and the statement “Made in a Home Kitchen That Has Not Been Subject to an Inspection by the Massachusetts Department of Public Health.”
Local boards of health retain authority to impose additional restrictions or inspections, particularly in municipalities with stricter food safety ordinances. As of 2024, the MDPH is evaluating updates to align with the 2026 FDA Food Code revisions, which may expand permissible foods or adjust compliance protocols. Producers must verify county-specific rules, as some towns (e.g., Boston) enforce supplementary permitting. Failure to comply risks fines or confiscation of inventory. Consult the MDPH’s Cottage Food Operations Guide for current exemptions and application procedures.