Cottage food laws/New Hampshire
Permissive

New Hampshire cottage food laws

Two clear paths: free unlicensed sales at markets, or a licensed path that opens up online and shipping.

New Hampshire splits home bakers into Exempt Homestead Food Operations (no fee, but limited to farmers markets, roadside stands, and home sales) and Licensed Homestead Food Operations (a Class H license, $150 a year, that adds online, mail order, retail, restaurant, and wholesale channels). After 2023 reforms, there is no longer a hard revenue cap that forces you onto the licensed path.

Last verified May 2, 2026•New Hampshire Homestead Food Operation (RSA 143-A)
At a glance

New Hampshire cottage food, quick facts.

📋
Permit
Exempt for direct sales at home, markets, and roadside stands; Class H license required for broader channels
💰
Sales cap
No statewide sales cap (revenue threshold removed in 2023)
🌐
Online sales
Allowed only with Class H Homestead Food License
📦
Shipping in-state
Allowed only with Class H license; not allowed for exempt operators
✈️
Shipping out-of-state
Not allowed under homestead rules
🎓
Training
Not required statewide
🏠
Inspection
Not routinely required for exempt; sample-based for licensed
How it works

How the New Hampshire cottage food law actually works.

New Hampshire's homestead food law is administered by the New Hampshire Department of Health and Human Services (DHHS) Food Protection Section under RSA 143-A and Chapter He-P 2300 rules. It treats every home-based food business as a homestead food operation and then splits operators into two categories: exempt (unlicensed) and licensed.

Exempt homestead food operations may sell non-potentially hazardous foods directly to consumers from the producer's home, at farmers markets, and at roadside stands without a license or fee. New Hampshire House Bill 119 (effective 2023) removed the dollar threshold that used to push operators into the licensed category, so many small bakers can stay exempt indefinitely. Exempt operators are limited to those three direct-to-consumer venues and cannot ship, mail order, sell to restaurants, sell wholesale, or sell to retail food stores.

Licensed homestead food operations get a Class H Homestead Food License from DHHS for $150 per year, sample label review, water testing if you are on a private well, and the ability to sell into broader channels including over the internet, by mail order in state, to restaurants, to retail food stores, and to wholesalers. Both categories must follow specific labeling rules with the appropriate disclaimer for each license status.

New Hampshire stays modestly permissive overall. The product list is broad for non-TCS foods, training is not required, and the licensed path is one of the few in the Northeast that legally opens online sales without a commercial kitchen. The trade-off is that exempt operators are restricted to just three venues, which is unusual.

What you can sell

Allowed and prohibited foods.

✓Allowed
  • Cookies, brownies, biscotti, bars
  • Cakes and cupcakes (without cream or cream-cheese fillings)
  • Breads, rolls, bagels, biscuits, muffins, scones
  • Fruit pies and other non-TCS pies (e.g., pecan)
  • Candies, fudge, brittles, caramels
  • Jams, jellies, fruit butters, preserves
  • Granola, popcorn, snack mixes, dry mixes
  • Roasted coffee, dry tea blends, dried herbs and spices
  • Maple syrup and honey from your own production
  • Vinegars, mustards, dry rubs
✕Prohibited
  • Cheesecakes, custard pies, cream pies, meringue pies
  • Cream cheese frostings and refrigerated fillings
  • Meat, poultry, and seafood products
  • Low-acid canned foods (vegetables, soups) without an approved process
  • Refrigerated dairy products beyond what is baked in
  • Acidified foods without an approved scheduled process and pH check

If a product needs refrigeration to stay safe, treat it as off-limits unless you have a commercial license. Acidified or fermented products may require lab review by DHHS before sale.

Where you can sell

Sales channels for New Hampshire cottage bakers.

🤝
In-person / pickup
Allowed for both exempt and licensed operators (home, farmers markets, roadside stands).
🌐
Online sales
Allowed only for Class H licensed operators.
📦
Shipping in-state
Allowed only for Class H licensed operators, not for exempt.
✈️
Shipping out-of-state
Not allowed under homestead rules; falls under interstate commerce rules.
🥕
Farmers markets
Allowed for both exempt and licensed operators.
🏪
Retail stores
Allowed only for Class H licensed operators.
🍽️
Restaurants
Allowed only for Class H licensed operators.
  • Exempt operators are limited to three venues: their own home, farmers markets, and roadside stands. Anything else (online, mail, retail, restaurants, wholesale) requires the Class H license.
  • Licensed operators must keep their license current and renew annually.
Labels

Label every product, exactly like this.

01
Product common name
e.g. "Vanilla Sugar Cookies".
02
Producer name and physical address
Your name (or business name) and the address of the homestead operation.
03
Net weight or volume
In US (oz/lb) and metric (g) units.
04
Ingredient list
All ingredients in descending order by weight, including sub-ingredients.
05
Allergen statement
Major allergens (milk, egg, peanuts, tree nuts, fish, shellfish, soy, wheat, sesame).
06
Required homestead disclaimer
Different exact wording for licensed vs. exempt; must be at least 10-point font.
07
Production code or lot number
Helps with recalls; required for licensed homestead operations.
Required disclaimer (copy verbatim)
This product is exempt from New Hampshire licensing and inspection.
  • The above disclaimer is for exempt homestead operations. Licensed operations instead use: "This product is made in a residential kitchen licensed by NH DHHS."
  • All disclaimers must be in at least 10-point type and clearly visible on the package.
  • Licensed operators submit sample labels with the application and DHHS reviews them as part of approval.
Sales cap

How much can you earn under New Hampshire cottage law?

New Hampshire used to set a $20,000 cap on exempt homestead operations, with anything above that requiring a Class H license. House Bill 119 (effective 2023) eliminated revenue as the trigger, so exempt operators can now stay exempt regardless of gross sales as long as they only sell at the three exempt venues. Operators who want online, mail order, retail, restaurant, or wholesale channels still need a Class H license, regardless of revenue.

Training

Food safety training in New Hampshire

New Hampshire does not require formal food handler or food manager training for either exempt or licensed homestead operations. Many bakers still take a low-cost course like ServSafe Food Handler or StateFoodSafety to demonstrate basic food safety to customers and farmers market managers.

Registration

Registration, permits, and inspections in New Hampshire

Exempt homestead operations require no registration or fee. Class H Homestead Food License applicants submit the DHHS application, $150 fee (payable to "Treasurer, State of New Hampshire"), sample labels, a complete product list, and water test results if they are on a private well (testing for bacteria, nitrates, and nitrites). Submit at least 30 days before you plan to start selling. Licenses renew annually.

Step-by-step

How to start a cottage bakery in New Hampshire.

  1. 01
    Decide exempt or licensed
    If you only want to sell at home, at farmers markets, and at roadside stands, the free exempt path is fine. If you want to sell online, ship in state, or sell to restaurants, retail stores, or wholesale, you need the Class H Homestead Food License.
    NH DHHS: Homestead Food Operations →
  2. 02
    Confirm your products are non-TCS
    Stick to shelf-stable baked goods, candies, jams, and similar items. Avoid anything that requires refrigeration, and consult DHHS if you want to make acidified or fermented foods.
  3. 03
    Apply for the Class H license (if you need it)
    Submit the DHHS Application for New Homestead Food Operations License with $150, sample labels, a product list, and any required water test. Plan for a 30-day review window.
    NH DHHS: Application for New Homestead Food Operations License →
  4. 04
    Build a compliant label template
    Include all standard elements plus the correct exempt or licensed disclaimer in at least 10-point type. Add a lot or production code if you are licensed.
  5. 05
    Set up your storefront
    Cakery gives you a free bakery page at cakerybakeries.com/your-bakery. Add menu, pricing, lead times, and your service area in New Hampshire.
    Create a free Cakery page →
  6. 06
    Track venues and renew on time
    If you are exempt, double-check that every sale is at home, a farmers market, or a roadside stand. If you are licensed, mark your renewal date and update labels and water tests on schedule.
Worth knowing

A few things New Hampshire bakers should know.

  • House Bill 119 (effective 2023) removed the gross sales cap that triggered mandatory licensing. Older guides still reference $20,000 as a cap; that number is no longer the trigger.
  • Exempt homestead operations are limited to three venues: producer's home, farmers markets, and roadside stands. Anything else, including in-state online and mail order, requires a Class H license.
  • If you are on a private well, water testing for bacteria, nitrates, and nitrites is required as part of the Class H license. If you are on a town water supply, a copy of your water bill substitutes.
  • New Hampshire has no general state sales tax, so most cottage bakers do not have a sales tax registration step. Confirm whether your product or sales pattern triggers any other local fee.
  • Out-of-state shipping is treated as interstate commerce and is not allowed under homestead rules in either category.
Resources

Bookmark these for New Hampshire baking.

Official agency resources

NH DHHS: Homestead Food Operations
Authoritative state hub for both exempt and licensed homestead operations.
→
NH DHHS: Food Establishments program
Use this if you grow past homestead rules into a commercial food establishment.
→
Application for New Homestead Food Operations License (PDF)
Class H license application form, current adopted version.
→
UNH Extension: Selling Homemade Food Products in NH (Part One)
Plain-language UNH Cooperative Extension fact sheet on homestead operations.
→

Statute and rules text

He-P 2300: Homestead Food Operations rule
→
RSA 143-A: New Hampshire Food Protection Act
→
House Bill 119 (2023): removed homestead revenue cap
→

Helpful resources for bakers

Forrager: New Hampshire guide
Plain-English summary of the exempt vs. licensed paths.
→
Institute for Justice: Selling Homemade Food in New Hampshire
Tracks New Hampshire's homestead law and any active reform efforts.
→
UNH Extension: Selling Homemade Food Products (Part Two)
Companion fact sheet on labeling and recordkeeping.
→
Josiah Bartlett Center: HB119 explainer
Background on the 2023 removal of the homestead sales cap.
→
NH Home Bakers (Facebook group)
Active community of New Hampshire home bakers swapping label and venue tips.
→
Recent changes

Recent and upcoming changes in New Hampshire.

  • August 4, 2023House Bill 119 took effect, removing gross-sales revenue as the trigger that forced exempt homestead operations into licensure. Exempt operators may now stay exempt regardless of revenue, as long as they only sell at the three exempt venues.
FAQ

New Hampshire cottage food FAQ.

Do I need a license to bake from home in New Hampshire?
Not if you only sell at your home, at farmers markets, or at roadside stands. Those three venues are exempt. If you want to sell online, ship in state, sell to restaurants, sell to retail stores, or wholesale, you need a Class H Homestead Food License.
Is there a sales cap on exempt operators?
Not anymore. House Bill 119 removed the revenue threshold in 2023. You can stay exempt regardless of how much you sell, as long as you only sell at the three exempt venues.
How much does the Class H license cost?
$150 per year, payable to Treasurer, State of New Hampshire. Submit the application at least 30 days before you plan to start selling.
Can I sell New Hampshire homestead food online?
Only if you have the Class H license. Exempt operators may not sell online. Even with the license, sales must stay within New Hampshire; out-of-state shipping is not allowed under homestead rules.
What disclaimer goes on the label?
If you are exempt, use "This product is exempt from New Hampshire licensing and inspection." If you are licensed, use "This product is made in a residential kitchen licensed by NH DHHS." Both must be at least 10-point type.
Do I need food safety training?
No. New Hampshire does not require a food handler card or food manager certification for homestead operations. A low-cost online course is still useful for credibility and good practice.
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Last verified May 2, 2026. This page is a plain-English summary of New Hampshire 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 New Hampshire agency listed in the official resources above before you sell, ship, or label a product.