Hawaii cottage food laws
A homemade food exemption sized for an island state. Recently expanded to allow online ordering, in-state shipping, and limited wholesale.
Hawaii's homemade food exemption is administered by the Hawaii Department of Health (DOH) Food Safety Branch under HAR 11-50. There is no permit, no registration, no fee, and no inspection. There is also no sales cap. Operators must complete a DOH-approved food safety course before selling. Act 195, effective August 24, 2025, expanded the exemption to allow online ordering, in-state mail-order and shipping, certain pickled and acidified plant foods, and wholesale to permitted food establishments. Out-of-state shipping is still not allowed.
Hawaii cottage food, quick facts.
How the Hawaii cottage food law actually works.
Hawaii regulates homemade food under HAR 11-50, the state food safety code, with the homemade food exemption administered by the DOH Food Safety Branch. The exemption was originally narrow: in-person, direct-to-consumer sales of shelf-stable products only. Act 195, signed in 2025 and effective August 24, 2025, broadened the program significantly.
Under the current rules, an Hawaii resident can prepare homemade non-time-temperature-control-for-safety (non-TCS) foods, complete a DOH-approved food safety course, and sell directly to consumers with no DOH permit, registration, fee, or inspection. After Act 195, operators may also take orders by mail, phone, or online; ship inside Hawaii; and wholesale homemade non-TCS products to permitted food establishments. The pickled, fermented, and acidified plant food category was added on August 24, 2025; products in this category must have a pH at or below 4.2 or a water-activity level at or below 0.88.
There is no cap on gross annual sales. Hawaii is one of a small group of states with truly unlimited cottage-style revenue, although interstate commerce is still off limits. Out-of-state shipping is not allowed under the exemption because it crosses the federal interstate-commerce line.
Hawaii's tropical climate matters. The exemption excludes products that require refrigeration or that depend on temperature control to stay safe. Anything with cream cheese frosting, custard, or fillings that need refrigeration falls outside the program. Hand-pounded poi and many traditional Hawaiian shelf-stable foods are explicitly allowed.
Allowed and prohibited foods.
- Cookies, brownies, biscotti, bars
- Cakes and cupcakes (shelf-stable frostings only)
- Breads, rolls, pastries, scones, muffins, sweet breads
- Bagels, biscuits, donuts
- Fruit pies and fruit-filled pastries
- Candies, fudge, caramels, chocolates, brittle, nut butters
- Mochi (non-TCS) and hand-pounded poi
- Jams, jellies, fruit butters, fruit preserves
- Honey
- Roasted coffee beans, dry teas, dried herbs and spice blends
- Granola, cereal, popcorn, snack mixes
- Dehydrated fruits and vegetables
- Dry pasta, dry baking mixes
- Pickled, fermented, and acidified plant foods with pH ≤ 4.2 or water activity ≤ 0.88 (added by Act 195)
- Cream pies, custard pies, meringue pies
- Cream cheese frostings and cheesecakes
- Refrigerated cakes (tres leches, mousse cakes)
- Meat, fish, and shellfish products (especially important given island food safety concerns)
- Dairy products other than what is baked into goods
- Beverages requiring refrigeration
- Out-of-state sales (interstate commerce)
Hawaii's tropical climate amplifies the risk of TCS products. The exemption is tightly limited to shelf-stable, non-TCS items plus the new acidified-plant-food category. Hand-pounded poi and traditional shelf-stable foods are explicitly recognized.
Sales channels for Hawaii cottage bakers.
- Act 195 (effective August 24, 2025) is the biggest change to Hawaii homemade food in years. Sources written before that date describe a much narrower in-person-only program.
- Wholesale to permitted food establishments is now allowed for non-TCS products only. TCS items are still off limits.
- Out-of-state shipping requires a fully inspected commercial kitchen and is not covered by the exemption.
Label every product, exactly like this.
This food is homemade and is not subject to inspection by the Hawaii Department of Health.
- Acidified-plant-food products added under Act 195 must include the recipe pH or water-activity statement on file with the producer's records.
- Labels must be in English. Other languages may be added.
- When selling unpackaged items at a market, the same information must appear on a clearly visible placard at the point of sale.
How much can you earn under Hawaii cottage law?
Hawaii does not cap gross annual sales for homemade food operators under the exemption. There is no limit on volume, frequency, or revenue, although interstate commerce remains off limits and the food category is restricted to non-TCS plus the new acidified-plant-food list. Operators are still subject to federal income tax and Hawaii general excise tax (GET).
Food safety training in Hawaii
Hawaii requires a DOH-approved or ANAB-accredited food safety course for every homemade food operator before any sales. The course is online, takes about 60 to 90 minutes, and typically costs $7 to $15. The certificate is valid for three years. Save a digital or printed copy with your records and have it ready if asked.
Registration, permits, and inspections in Hawaii
Hawaii's homemade food exemption does not require DOH registration, application, or inspection. The only state-level training requirement is the DOH-approved food safety course. Many operators also obtain a Hawaii general excise tax license through the Department of Taxation and a Hawaii business name registration through the Department of Commerce and Consumer Affairs (DCCA).
How to start a cottage bakery in Hawaii.
- 01Take a DOH-approved food safety courseComplete a DOH-approved or ANAB-accredited course. Save the certificate. Renew every 3 years.DOH Food Safety Education →
- 02Confirm your products are eligibleUse DOH's Homemade Food Products guidance. The list now includes pickled, fermented, and acidified plant foods that meet the pH or water-activity rule.DOH Homemade Food Products guidance (PDF) →
- 03Get a Hawaii GET licenseHawaii uses general excise tax instead of sales tax. Most homemade food sellers register through the Department of Taxation.Hawaii Tax Online →
- 04Build your label templateInclude all required elements plus the homemade food disclaimer. Acidified-plant-food products need pH or water-activity records on file.
- 05Plan in-state delivery and (now) shippingAct 195 unlocked online ordering and in-state shipping. You can ship interisland by mail or courier. Out-of-state customers cannot legally receive a homemade food shipment.
- 06Set up your storefront and order workflowCakery gives you a free bakery page at cakerybakeries.com/your-bakery. Add menu, pricing, and pickup, delivery, or shipping zones for Oahu, Maui, the Big Island, or Kauai.Create a free Cakery page →
A few things Hawaii bakers should know.
- Act 195 (effective August 24, 2025) added in-state shipping, online ordering, and limited wholesale to permitted food establishments. Older guides describe a much narrower program.
- Hawaii's tropical climate makes TCS items higher risk. The exemption is intentionally restricted to shelf-stable products plus the new acidified-plant-food category.
- Out-of-state shipping is still not allowed under the exemption. A Hawaii consumer is required.
- Hawaii uses general excise tax (GET) rather than sales tax. Register with the Department of Taxation if your activity reaches the GET threshold.
- Some traditional Hawaiian foods like hand-pounded poi and shelf-stable mochi are explicitly recognized.
- Federal USDA APHIS rules also restrict what plant-derived foods may be shipped from Hawaii to the U.S. mainland (separate concern from cottage food).
Bookmark these for Hawaii baking.
Official agency resources
Statute and rules text
Helpful resources for bakers
Recent and upcoming changes in Hawaii.
- August 24, 2025Act 195 took effect, expanding the homemade food exemption to allow online ordering, in-state mail-order and shipping, wholesale to permitted food establishments for non-TCS products, and pickled, fermented, and acidified plant foods with pH ≤ 4.2 or water activity ≤ 0.88.
Hawaii cottage food FAQ.
Do Hawaii homemade food sellers need a permit?
Is there a sales cap?
Can I sell cream cheese frosting or cheesecake?
Can I take orders online or ship inside Hawaii?
Can I sell to a restaurant or grocery in Hawaii?
Can I sell pickles, salsa, or kimchi?
Do I need to collect tax?
You bake. We handle the tech.
Get your own bakery link, take custom orders without the DM chaos, and get found by customers in Hawaii searching for local bakers.
cakerybakeries.com/your-bakery