Mississippi cottage food laws
$35,000 sales cap, in-person transactions only, online advertising allowed.
Mississippi's cottage food law allows non-potentially hazardous foods to be made in a home kitchen and sold directly to consumers up to $35,000 in gross annual sales. Online advertising is allowed (HB 326, 2020), but all transactions must occur in person within Mississippi. Out-of-state shipping, mail orders, and wholesale are all prohibited. Pending HB 1108 in the 2026 session proposes raising the cap to $200,000.
Mississippi cottage food, quick facts.
How the Mississippi cottage food law actually works.
Mississippi's cottage food law is codified at Miss. Code § 75-29-951 and is administered by the Mississippi State Department of Health (MSDH). The 2013 baseline allowed home producers to sell up to $20,000 a year. HB 326 (2020) raised the cap to $35,000 and added permission to advertise products over the internet, including through social media. The cap of $35,000 is what is in effect today.
A bill in the 2026 Regular Session (HB 1108) proposes raising the cap to $200,000. As of the verification date for this guide, that bill has not been enacted, so the $35,000 cap still applies. Track HB 1108 if you expect to outgrow $35,000.
Mississippi requires that all cottage food transactions occur in person, within the state. Online advertising is allowed, but the actual order, payment, and delivery must happen face-to-face. Mail order, online checkout with shipped delivery, and out-of-state shipping are all not allowed. Wholesale to retailers and restaurants is also prohibited.
The state does not require permits, food safety training, or kitchen inspections for cottage food operators selling under the $35,000 cap. Producers must follow specific labeling rules and stay within the non-potentially hazardous foods list. The MSDH Cottage Food Operation FAQ is the primary reference.
Allowed and prohibited foods.
- Loaf breads, rolls, biscuits, tortillas
- Cookies, brownies, biscotti, bars
- Cakes and cupcakes without cream or cream cheese frosting
- Fruit pies (high-acid fruit only)
- Candies, fudge, brittle, toffee, chocolates
- Jams, jellies, preserves (high-acid fruit)
- Honey
- Granola, popcorn, snack mixes
- Roasted coffee beans and dried tea blends
- Roasted or candied nuts
- Dehydrated fruits and vegetables
- Dry baking and seasoning mixes
- Cheesecakes, cream pies, custard pies, meringue pies
- Cream cheese frosting and any frosting requiring refrigeration
- Tres leches and any cake requiring refrigeration
- Meat, poultry, and fish products
- Pickles, salsas, hot sauces, and other acidified foods
- Low-acid canned foods
- Beverages requiring refrigeration
Mississippi defines cottage food as non-potentially hazardous foods. Anything that needs refrigeration is excluded, and acidified foods like pickles and salsas are also outside the cottage exemption.
Sales channels for Mississippi cottage bakers.
- Online advertising is permitted under HB 326 (2020), but the actual transaction must happen in person.
- Mail order, online checkout with shipped delivery, and third-party delivery services are not allowed.
- Local business and sales tax registrations may still apply.
Label every product, exactly like this.
Made in a cottage food operation that is not subject to Mississippi's food safety regulations.
- The disclaimer must be in at least 10-point type in a contrasting color.
- Labels must be in English.
- MSU Extension publishes detailed cottage food labeling guidance worth bookmarking.
How much can you earn under Mississippi cottage law?
Cottage food operators are limited to $35,000 in gross annual sales under the current law (HB 326, 2020). HB 1108 was introduced in the 2026 Regular Session proposing to raise the cap to $200,000. As of the verification date for this guide, HB 1108 has not been enacted, so the $35,000 cap still applies. Crossing the cap means you must transition to a permitted commercial food establishment under MSDH.
Food safety training in Mississippi
Mississippi does not require cottage food operators to complete food safety training. Many bakers take a low-cost food handler course like ServSafe Food Handler anyway, both for credibility and to learn cross-contamination and allergen handling.
Registration, permits, and inspections in Mississippi
There is no state registration to begin selling. Operators do not file paperwork with MSDH. Local business licenses, sales tax registration with the Mississippi Department of Revenue, and zoning compliance may still apply.
How to start a cottage bakery in Mississippi.
- 01Confirm your products are non-TCSBuild your menu around shelf-stable items: cookies, breads, candies, jams, granola, dry mixes, roasted coffee. Skip cream-filled items, cheesecakes, refrigerated frostings, and acidified foods.MSDH Cottage Food Operation FAQ (PDF) →
- 02Set up your business basicsPick a business name, file a Mississippi assumed name (DBA) if needed, register with the MS Department of Revenue if you sell taxable items, and confirm zoning and HOA rules.
- 03Build your label templateInclude the operation name and address, product name, ingredients by weight, net quantity, allergens, and the required "Made in a cottage food operation that is not subject to Mississippi's food safety regulations" disclaimer in 10-point or larger contrasting type.MSU Extension: Labeling Mississippi Cottage Food Products →
- 04Plan in-person sales channelsPickup at home, farmers markets, fairs, festivals, and church or community events. Use online and social media to advertise, but route orders to in-person pickup.
- 05Set up Cakery to handle inquiriesCakery gives you a free bakery page at cakerybakeries.com/your-bakery. Use it as your menu and lead-capture tool; collect details there and complete the sale in person.Create a free Cakery page →
- 06Track gross sales toward the $35,000 capKeep clean ledgers from day one. If HB 1108 passes, the cap may rise to $200,000; if not, you must move to a permitted commercial kitchen at $35,000.
A few things Mississippi bakers should know.
- All cottage food transactions must occur in person within Mississippi. Mail order, online checkout with shipping, and out-of-state shipping are not allowed.
- Online advertising is permitted under HB 326 (2020), including social media, but the order itself must be completed in person.
- HB 1108 (2026 Regular Session) proposes raising the cap from $35,000 to $200,000. Track its status if you expect to outgrow $35,000.
- Acidified foods (pickles, salsas, hot sauces) are not allowed under the cottage exemption.
- Wholesale and third-party retail sales are not allowed; sales must be direct to the end consumer.
Bookmark these for Mississippi baking.
Official agency resources
Statute and rules text
Helpful resources for bakers
Recent and upcoming changes in Mississippi.
- January 1, 2026HB 1108 introduced in the 2026 Regular Session: proposes raising the cottage food sales cap from $35,000 to $200,000. As of this writing it has not been enacted, so the $35,000 cap still applies.
- July 1, 2020HB 326 took effect: raised the cottage food sales cap from $20,000 to $35,000 and authorized internet advertising of cottage food products.
Mississippi cottage food FAQ.
Do Mississippi cottage bakers need a permit?
How much can a Mississippi cottage food operator earn?
Can I sell online?
Can I ship cottage food in or out of Mississippi?
Can I sell to grocery stores or restaurants?
Are cream cheese frosting and cheesecake allowed?
What is the exact required label disclaimer?
You bake. We handle the tech.
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