Utah cottage food laws: what you can sell from your home kitchen

If you want to sell food you make at home in Utah, the hardest part isn't baking — it's figuring out which products you're actually allowed to sell. Utah doesn't have one rule. It has two parallel frameworks, and the list of allowed products is different under each one. Pick the wrong path and you can end up selling something that isn't legal under your registration.

The two paths, in plain terms

Path 1: The Cottage Food Program (UDAF). Run by the Utah Department of Agriculture and Food, this path lets you make and package certain permitted foods in your home kitchen after you're approved through UDAF's inspection and registration process. Foods made under Cottage Food registration must be shelf-stable, low-risk, and non-potentially hazardous — meaning they don't need time or temperature control for safety. You also need a valid food handler permit. See the UDAF cottage food page for the official product list.

Path 2: The Home Consumption and Homemade Food Act. This is a separate alternative for people who want to produce food from a home kitchen. It allows an individual with a business license to sell certain homemade foods without registering with UDAF. The trade-off is tighter rules on how and where you sell. Details are on the UDAF Home Consumption page.

What you can sell under the Cottage Food Program

UDAF's permitted list is specific. It includes:

• Baked goods — but only shelf-stable ones. No cream, uncooked egg, custard, meringue, or cream cheese frosting or garnishes. No cream-based frostings or ganache, no cream cheese filling, no buttercream containing egg (Swiss, Italian, or French style), no Chantilly-style frostings, and no custards such as lemon bars, pumpkin pie, pecan pie, or sweet potato pie. No fresh fruit toppings or garnishes.
• Cereals, trail mixes, and granola, including cereal-marshmallow treats.
• Dried fruits and chocolate-covered dried fruits — dried fruits must be made from acidic fruits. Fruits that need time or temperature control when cut, like melons, are not allowed. Low-acid fruits may be freeze-dried.
• Dry herbs and seasoning mixes — limited to herbs commonly used to flavor food under 21 CFR 182.10. Medicinal herbs and dietary supplements are not allowed.
• Hard candies, freeze-dried candies, and cotton candy — but not cream-based chocolates like ganache or truffles.
• Jams, jellies, and preserves — must contain only the fruits described in 21 CFR 150.

A few more Cottage Food rules worth knowing: baked goods must be cooked with dry heat (baking or a hot skillet) — frying and steaming are not allowed. Breads may only contain non-TCS inclusions like nuts, dried fruit, dried vegetables, and chocolate. Sourdough starters must be commercially manufactured or come with pH results of 4.0 or less from a certified lab. Cakes and pastries may not contain vegetable pieces (like carrot cake) unless derived from a cake mix with dried vegetables. No liquid can be added after baking, so no Tres Leches. Pies are limited to fruit pies. Hard cheeses must be grated and used sparingly; soft cheeses are not allowed. Acidified vegetables like jalapeño peppers must be commercially manufactured.

What you can sell under the Home Consumption and Homemade Food Act

This path is broader on products but narrower on sales. It allows an individual with a business license to sell certain homemade foods without UDAF registration. However, these foods are not allowed:

• Meat
• Food products containing meat
• Raw (unpasteurized) dairy products

Some exemptions exist for poultry and rabbit meat. The Institute for Justice's Utah page notes that sellers operating under the Homemade Food Act can sell a far broader array of products except raw milk and most meat products, with exceptions for rabbits and poultry.

Where and how you can sell

This is where the two paths diverge sharply. Under the Home Consumption and Homemade Food Act:

• Products may only be sold within Utah.
• Products must be sold in-person, directly to the final end consumer at a prearranged or agreed-upon location, only for their personal or home consumption.
• Products are not for resale — you cannot sell to retail stores or restaurants.
• Labels must include a disclaimer stating "Not for Resale – Processed and prepared without the benefit of state or local inspection" plus an allergen list.
• At farmers markets, products can only be displayed in a direct-to-sale market or in a separate section with signs stating the items are homemade and have not been certified, licensed, regulated, or inspected by state or local authorities.

Under the Cottage Food Program, you can sell at farmers markets, fairs, online to Utah customers, and from home. Neither path allows shipping out of Utah.

Labeling checklist

Every food item you sell needs a label. Required elements include:

• The common or descriptive name of the food
• A list of ingredients in descending order of predominance by weight when the product contains at least two ingredients
• Declaration of any food allergen by its common name, unless the allergen is already part of the usual name (for example, almonds)
• The name, address, and phone number of the place of business or residence
• A nutrition facts label, unless it qualifies for an exemption
• The words "Home Produced" in bold

Quick decision checklist

1. List your products. Write down everything you want to sell.
2. Check for TCS items. If anything needs refrigeration or temperature control, it can't go through the Cottage Food Program.
3. Check the UDAF permitted list. Compare your products against the official Cottage Food list.
4. Decide your sales channel. Farmers markets and online-to-Utah-buyers fit the Cottage Food path. In-person, direct-to-consumer only fits the Home Consumption path.
5. Get your food handler permit. The Cottage Food Program requires a valid food handler permit.
6. Get a business license. Both paths require a Utah business license through your city or the state's OneStop business portal.
7. Build your labels. Include every required element before your first sale.

How the Featured Expert Can Help

Utah State Food Handlers provides live, in-person food safety certification classes across Utah, with state-approved training and online payment. If you're pursuing the Cottage Food Program, a valid food handler permit is part of the requirement — and their hands-on classroom format is designed to help you get your permit quickly. You can find class information at utahstatefoodhandlers.com.