Alaska Cottage Food Laws

Comprehensive Guide to Alaska Cottage Food (Homemade Food) Law

This guide provides a detailed overview of Alaska’s homemade food (cottage food) regulations — including licensing, allowed products, labeling rules, and sales methods — based on official state sources. It’s tailored to help home-based food entrepreneurs comply accurately and operate confidently.

Quick Facts

1. Overview / Introduction

In Alaska, homemade food, also known as cottage food, can be produced in a private home kitchen or a leased kitchen and sold to the public without state permitting or inspection under the state’s “homemade food rule” (dec.alaska.gov). This exemption resulted from House Bill 251, signed on August 24, 2024, updating Alaska’s Food, Drug, and Cosmetic Act to remove prior limitations such as the $25,000 annual sales cap (akfoodpolicycouncil.org).

2. Sales Limits

• There is no statewide limit on the volume or dollar amount of homemade food that may be produced or sold in a calendar year (dec.alaska.gov).
• However, local jurisdictions, including the Municipality of Anchorage, may impose their own limits or regulations (dec.alaska.gov).

3. Licensing & Registration

• At the state level, no permit or registration is required to produce or sell homemade food under the state exemption (dec.alaska.gov).
• A State of Alaska Business License is generally required, per AS 43.70.020(a), for engaging in business within the state (dec.alaska.gov).
• Fees: The license costs $50 per year, or $100 for a two-year license. Sole proprietors who are 65 or older or disabled veterans may qualify for a discounted rate of $25 per year (commerce.alaska.gov).

4. Training Requirements

There are no food safety training or certification requirements imposed by the state DEC for homemade food producers (dec.alaska.gov).
However, local markets or venues may require additional training or documentation at their discretion (dec.alaska.gov).

5. Home Kitchen Inspection

• The state does not require initial or routine inspections of home kitchens used for homemade food production (dec.alaska.gov).
• DEC retains authority to conduct inspections or investigations in response to complaints, such as foodborne illness or misbranding, and may impose penalties under AS 17.20.336 (dec.alaska.gov).

6. Allowed Foods

• Both non-potentially hazardous (shelf-stable) and potentially hazardous foods may be sold under the homemade food rule (dec.alaska.gov).
• Non-potentially hazardous examples: bread, cakes, cookies, crackers, muffins, jams, jellies, vinegar, mustards, salsas, relishes, sauces, fudge, candies, brittles, sauerkraut, kimchi, popcorn, dried herbs, roasted coffee beans, tortillas, etc. (dec.alaska.gov).
• Potentially hazardous examples: cheesecake, pumpkin pie, lemon meringue, hummus, fresh vegetable juices, cold brew coffee—foods requiring time and temperature control (dec.alaska.gov).
• Foods containing meats or poultry are allowed only if the ingredient is USDA-inspected (dec.alaska.gov).

7. Prohibited Foods

The following may not be sold under the Homemade Food Rule: raw/unpasteurized milk or milk products; uninspected or inspection‑exempt meat or poultry; seafood or shellfish; game meat or products of non‑amenable species (e.g., bear, caribou, whale); oils rendered from animal fat (like lard or bear tallow); controlled substances (dec.alaska.gov).

8. Labeling Requirements

Packaged foods must be clearly labeled with:

• Producer’s name, current address, telephone number, and business license number;
• The exact statement (quotation): “This food was made in a home kitchen, is not regulated or inspected, except for meat and meat products, and may contain allergens.” (dec.alaska.gov).
  For unpackaged foods, the producer (or agent) must inform the buyer that the food was prepared under AS 17.20.332–338 and not subject to certain state certification, labeling, licensing, packaging, regulation, or inspection requirements, and provide the producer’s name, address, phone, and business license number (dec.alaska.gov).

9. Where You Can Sell

• Sales must occur within Alaska; interstate commerce is prohibited (dec.alaska.gov).
• Online sales allowed, but only to Alaska residents; producers must sell potentially hazardous foods directly to consumers (no agents) (dec.alaska.gov).
• Non‑potentially hazardous foods may be sold by the producer or an agent (e.g., grocery stores, gift shops, food hubs), provided they follow agent agreement recommendations (dec.alaska.gov).
• At retail locations selling both inspected and homemade products, physical separation, separate checkouts, storage, and signage are required (dec.alaska.gov).

10. Sales Tax

The state sources do not address sales tax. Entrepreneurs should verify local municipal or borough sales tax obligations separately; this guide only covers rules found in provided sources.

11. Special Exemptions

• The home production exemption does not override local rules; municipalities, especially Anchorage, may enforce their own regulations (dec.alaska.gov).
• The Homemade Food Rule does not apply to milk/dairy regulation nor seafood, meat, poultry—these are governed by separate programs (e.g., Alaska Dairy Program, USDA) (dec.alaska.gov).

12. Getting Started

Practical steps for aspiring cottage food entrepreneurs in Alaska:

1. Confirm local requirements — check with your municipality for additional permits, zoning, or local sales limits.
2. Obtain an Alaska Business License — apply online ($50/year or $100 for two years); consider sole proprietor discounts if eligible (commerce.alaska.gov).
3. Define your product type — determine if your food is non‑potentially hazardous or potentially hazardous, as rules differ (dec.alaska.gov).
4. Label preparation — design labels with required producer info and mandated statement (see section 8).
5. Set up sales channels — decide on direct-to-consumer (required for potentially hazardous foods), agent sales for shelf-stable items, online, farmers markets, or retail partnerships (with agreements).
6. Maintain separation — if selling at a store with inspected foods, ensure physical separation and signage per rules.
7. Use UAF Cooperative Extension for guidance: contact ces@alaska.edu or use Ask Extension forms (dec.alaska.gov).

13. Official Resources

Helpful official contacts and resources:

• DEC Homemade Food Program (guidance, FAQs, requirements): dec.fss.homemade.food@alaska.gov (dec.alaska.gov).
• UAF Cooperative Extension Service — food entrepreneurship support: ces@alaska.edu (dec.alaska.gov).
• DEC Food Safety and Sanitation – Requirements pages: especially “Types of Food” and “Requirements for Selling” (dec.alaska.gov).
• Alaska Business Licensing — applications, FAQs, forms & fees: commerce.alaska.gov (commerce.alaska.gov).
• Alaska Statutes (AS 17.20.332–338) — legal basis for exemption and sale conditions (codes.findlaw.com).

Official Sources

This guide was compiled from the following official sources:

• dec.alaska.gov
• dec.alaska.gov
• dec.alaska.gov
• dec.alaska.gov
• akfoodpolicycouncil.org
• codes.findlaw.com
• www.commerce.alaska.gov
• www.commerce.alaska.gov