Cottage food laws/Kansas
Permissive

Kansas cottage food laws

No license, no cap, and online sales now allowed.

Kansas exempts home-produced shelf-stable foods from food license requirements when sold directly to the consumer. There is no permit, no inspection, and no sales cap. The Kansas Department of Agriculture's current guidance allows online orders and shipping; for online sales to buyers in other states, the producer must also follow the destination state's law.

Last verified May 2, 2026•Kansas Cottage Food (food license exemption under KSA 65-656)
At a glance

Kansas cottage food, quick facts.

📋
Permit
Not required for non-TCS cottage foods
💰
Sales cap
None
🌐
Online sales
Allowed (KDA cottage foods guidance)
📦
Shipping in-state
Allowed
✈️
Shipping out-of-state
Allowed where the destination state permits receipt of homemade food
🎓
Training
Not required by state law
🏠
Inspection
Not required
How it works

How the Kansas cottage food law actually works.

Kansas does not have a separate cottage food statute. Instead, the Kansas Department of Agriculture (KDA) treats home-produced foods as exempt from the state's food license under KSA 65-656 when the foods are non-potentially-hazardous (non-TCS), made in a private home kitchen, and sold directly to the end consumer. There is no annual sales cap, no fee, no permit, and no inspection for those products.

KDA's current cottage food guidance allows producers to take orders and complete sales online. Producers can ship products by mail or carrier within Kansas. Out-of-state shipping is allowed by Kansas law, but the seller must also follow the receiving state's rules. That means an in-state customer or a customer in a state that permits homemade food can buy from you online; a customer in a state that prohibits homemade-food receipt cannot.

Sales to grocery stores, restaurants, and other retailers for resale are not authorized under the cottage food exemption. Wholesale or restaurant resale requires a licensed and inspected facility. The exemption is also direct-to-consumer only: a third-party reseller cannot stand in for the consumer.

Kansas changed its position on online sales over the last several years; older Cakery materials and many community guides still describe the law as in-person only. The current KDA Cottage Foods fact sheet explicitly authorizes online and mail-order sales, and that is the rule we follow here.

What you can sell

Allowed and prohibited foods.

✓Allowed
  • Cookies, brownies, biscotti, bars
  • Cakes and cupcakes (without cream or cream-cheese frosting)
  • Breads, rolls, pastries, scones, muffins
  • Fruit pies that are non-TCS
  • Candies, fudge, caramels, chocolates, brittles
  • Jams, jellies, fruit preserves, fruit butters
  • Granola, cereal, popcorn, snack mixes
  • Dehydrated fruits, vegetables, herbs, jerky
  • Dry mixes, roasted coffee, tea blends
  • Some condiments and dry seasonings
  • Frostings and icings that are shelf-stable
✕Prohibited
  • Cheesecakes, cream pies, custard pies, meringue pies
  • Cream cheese frostings and cream-filled cakes
  • Refrigeration-required dairy desserts (tres leches, mousse, tiramisu)
  • Meat products other than dehydrated jerky
  • Fish, shellfish, or seafood
  • Low-acid canned vegetables and salsas
  • Beverages requiring refrigeration

Anything that requires refrigeration or other temperature control to stay safe is excluded from the cottage food exemption. To sell those items, you would need a licensed kitchen and a food establishment license.

Where you can sell

Sales channels for Kansas cottage bakers.

🤝
In-person / pickup
Allowed statewide. Home pickup, delivery, farmers markets, fairs, festivals, roadside stands, pop-ups.
🌐
Online sales
Allowed. Take orders by website, social media, email, or phone, and complete the sale online.
📦
Shipping in-state
Allowed by USPS, UPS, FedEx, or any carrier within Kansas.
✈️
Shipping out-of-state
Allowed where the destination state's law permits receipt of homemade food. KDA expressly notes that the seller must follow the rules of the receiving state.
🥕
Farmers markets
Allowed. No special cottage food permit required.
🏪
Retail stores
Not allowed under the exemption. Wholesale to retailers requires a licensed facility.
🍽️
Restaurants
Not allowed for resale. A restaurant cannot serve cottage products as a menu item.
  • Sales must be direct from producer to end consumer.
  • Local jurisdictions may add zoning, business registration, or event rules but cannot impose a food license for exempt products.
Labels

Label every product, exactly like this.

01
Producer name and address
Your legal or business name and home address.
02
Common name of the food
For example, "Chocolate Chip Cookies" or "Strawberry Jam".
03
Ingredients in descending order by weight
Include sub-ingredients for compound items.
04
Net quantity (weight or volume)
In customary and metric units.
05
Allergen statement
Identify the major allergens: milk, egg, fish, shellfish, tree nuts, peanuts, wheat, soybeans, and sesame.
06
Required home-kitchen disclaimer
Exact wording is below and must appear on every package.
Required disclaimer (copy verbatim)
This product is home-produced and is not subject to inspection by the Kansas Department of Agriculture.
  • Labels must be in English. Other languages are welcome in addition.
  • If you sell unpackaged items at a farmers market table, the disclaimer must be displayed at the point of sale.
Sales cap

How much can you earn under Kansas cottage law?

Kansas does not impose any annual sales cap on cottage food operations. The exemption applies as long as the product is non-TCS and sold directly to the end consumer.

Training

Food safety training in Kansas

Kansas does not require state food safety training for cottage operators. K-State Research and Extension publishes free educational materials on safe home food production. Some farmers markets may require a food handler card on their own; check with the market manager.

Registration

Registration, permits, and inspections in Kansas

There is no state registration step. The Kansas Department of Agriculture treats cottage food as exempt from the food establishment license under KSA 65-656. You do not file paperwork, do not pay a fee, and do not receive a permit number. Local rules around business registration, zoning, and sales tax still apply.

Step-by-step

How to start a cottage bakery in Kansas.

  1. 01
    Confirm your products are non-TCS
    Stick to shelf-stable items: cookies, breads, candies, jams, dry mixes, and similar foods. Anything that needs refrigeration to stay safe is excluded from the exemption.
    KDA Cottage Foods fact sheet →
  2. 02
    Build your label template
    Include producer name and address, common product name, ingredients in descending order, net quantity, allergens, and the required home-kitchen disclaimer.
  3. 03
    Pick your sales channels
    Decide whether you will sell from home, at farmers markets, online with in-state shipping, or out-of-state shipping where the destination law allows. Kansas lets you do all of them under the exemption.
  4. 04
    Set up your storefront on Cakery
    Cakery gives you a free bakery page at cakerybakeries.com/your-bakery. Add your menu, prices, lead times, and pickup or delivery zones so Kansas customers can request quotes in one place.
    Create a free Cakery page →
  5. 05
    Handle business and tax basics
    Register a business name with the Secretary of State if you operate under a name that is not your own. Register with the Kansas Department of Revenue for sales tax if your products are taxable, and check zoning and HOA rules.
  6. 06
    Document any out-of-state sales
    When you ship to a customer in another state, confirm the destination state's law permits receipt of homemade food. Keep simple records to show you complied.
Worth knowing

A few things Kansas bakers should know.

  • Kansas updated its position on online and mail-order cottage food sales. Older guides describe the law as in-person only. The current KDA fact sheet authorizes online and shipping sales.
  • There is no state cottage food statute; the exemption is built into KSA 65-656 (food establishment licensing).
  • Out-of-state shipping is permitted by Kansas, but the producer must also follow the receiving state's law.
  • Local jurisdictions may apply zoning, business registration, or event rules but cannot license you as a food establishment for exempt products.
  • If you want to sell refrigerated desserts, sell wholesale, or sell to restaurants for resale, the exemption does not cover you and you would need a food license.
Resources

Bookmark these for Kansas baking.

Official agency resources

Kansas Department of Agriculture: Food Safety
Official KDA hub for food safety and cottage food guidance.
→
KDA Cottage Foods Fact Sheet
Plain-language fact sheet covering allowed foods, labeling, and online sales.
→
Kansas Department of Revenue: Business Tax
Register for a sales tax license if your cottage products are taxable.
→
K-State Research and Extension: Food Safety
Free educational resources for safe home food production.
→

Statute and rules text

KSA 65-656: Food establishment license exemption
→
Kansas Cottage Food Law overview (Forrager)
→

Helpful resources for bakers

Forrager: Kansas guide
Plain-English Kansas cottage food guide kept up to date by an active editor.
→
Institute for Justice: Selling Homemade Food in Kansas
Advocacy summary of Kansas cottage food rules.
→
Cottage Food Laws by State: Kansas
Community-maintained Kansas summary with frequently asked questions.
→
Cakery Pricing Guide for Cottage Bakers
How Cakery handles your storefront, orders, and customer leads.
→
FAQ

Kansas cottage food FAQ.

Do Kansas cottage bakers need a permit or license?
No. Kansas exempts home-produced non-TCS foods from the food establishment license when sold directly to consumers. You do not need a permit, fee, or inspection.
Is there a sales cap on Kansas cottage food?
No. There is no annual sales cap. The exemption applies as long as your products are non-TCS and you sell directly to the end consumer.
Can I sell Kansas cottage food online?
Yes. The current KDA Cottage Foods fact sheet authorizes online orders and shipping. Older guides describe the law as in-person only; that is out of date.
Can I ship out of state from Kansas?
Yes, where the destination state's law permits the receipt of homemade food. KDA notes that the seller must also follow the rules of the receiving state.
Can I sell cream cheese frosting or cheesecakes?
No. Anything that needs refrigeration to stay safe is outside the cottage food exemption. To sell those items, you would need a food license and an inspected kitchen.
Can I sell to a coffee shop or grocery store?
No. The exemption is direct-to-consumer only. Wholesale to retailers requires a licensed kitchen.
What disclaimer must appear on the label?
This product is home-produced and is not subject to inspection by the Kansas Department of Agriculture. The statement must appear on every package or be displayed at the point of sale for unpackaged items.
Run your Kansas bakery on Cakery

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Last verified May 2, 2026. This page is a plain-English summary of Kansas cottage food laws and is not legal advice. Cottage food rules change, and local health departments often add their own requirements. Always confirm the current rules with the Kansas agency listed in the official resources above before you sell, ship, or label a product.