Kentucky Cottage Food Laws

Kentucky Cottage Food Laws: Comprehensive Guide for Home-Based Food Entrepreneurs

This guide provides a detailed breakdown of Kentucky’s cottage food laws—covering definitions, allowed foods, registration, labeling, sales venues, training, inspections, and practical steps—based solely on official Kentucky sources.

Quick Facts

1. Overview / Introduction

Kentucky law distinguishes between home‑based processors (any Kentucky resident making shelf‑stable, non‑potentially hazardous foods at home) and home‑based microprocessors (Kentucky farmers who grow the primary ingredient and process higher‑risk foods). Key legislation includes House Bill 263 (2018) opening cottage foods beyond farmers, and House Bill 468 (effective March 27 2019) refining the definitions and requirements (ij.org). The implementing regulation is 902 KAR 45:090, effective September 9 2019 (pickyourown.org).

2. Sales Limits

Both home‑based processors and microprocessors face an annual gross sales cap of $60,000 (ij.org).

3. Licensing & Registration

Beginning January 1, 2020, home‑based processors must register annually using the DFS‑250 Application and pay a $50 registration fee, valid through March 31, renewable yearly (apps.legislature.ky.gov). Home‑based microprocessors must attend a $50 workshop, submit recipes for approval at $5 per recipe, provide proof of workshop, approved recipes, draft labels, water source verification, and pay a $50 certification fee (pickyourown.org).

4. Training Requirements

Home‑based processors are not required to complete food‑safety training (foodsafepal.com). Microprocessors, however, must attend a workshop (as above) (pickyourown.org).

5. Home Kitchen Inspection

For home‑based processors, inspections are not routine but may occur upon complaint—using DFS‑252 report (apps.legislature.ky.gov). Microprocessors are inspected at least every four years, with additional reinspections as needed (apps.legislature.ky.gov).

6. Allowed Foods

Home‑based processors may produce foods listed in KRS 217.015(56): dried/freeze‑dried fruits and vegetables; candy (no alcohol, no bare‑hand contact); maple syrup; pecan pies; granola with dried grains; trail/snack mixes; popcorn (plain or seasoned); plus common baked goods like breads, cookies, cakes, jams, jellies, preserves, fruit butter (apps.legislature.ky.gov). Microprocessors may make higher‑risk items such as acidified foods, low‑sugar jams, pickled fruits/vegetables, salsa, BBQ sauce, vinegars, pressure‑canned vegetables—but must grow the predominant ingredient (ij.org).

7. Prohibited Foods

Both processor types may not sell refrigerated, potentially hazardous foods such as meats, dairy, custard‑filled or cream‑based products, meringue, cheesecake, raw seed sprouts, garlic‑in‑oil, pureed baby foods; vacuum packaging (other than mason jars) prohibited (apps.legislature.ky.gov).

8. Labeling Requirements

Labels must include:

• Common or usual name of the product
• Name and street address (city, state, zip) of the home‑based operation
• Ingredients in descending order by weight
• Net weight or volume (or count)
• Date processed
• Allergen information as required by federal law
• The statement in 10‑point type: "This product is home‑produced and processed" (chfs.ky.gov).

9. Where You Can Sell

Home‑based processors can sell directly to consumers in‑state via pick‑up or delivery, and at farmers markets, roadside stands, festivals, county fairs, craft fairs, community events, flea markets, and online for local orders—not shipping (apps.legislature.ky.gov). Microprocessors are limited to sales at their farm, KY‑registered farmers markets, or certified roadside stands only (apps.legislature.ky.gov).

10. Sales Tax

No information found in the provided sources regarding sales tax on cottage food products. Readers should verify with state/local tax authorities.

11. Special Exemptions or Exceptions

Under KRS 217.136, home‑based processors are exempt from permit requirements (KRS 217.035 and 217.037) provided they meet labeling and sanitary conditions (law.justia.com). Microprocessors may process higher‑risk foods under regulated conditions (pickyourown.org).

12. Getting Started (Practical Steps)

1. Review the Labeling Guide (HBPLabelGuide) and allowable products list.
2. If you're a home‑based processor: obtain and submit DFS‑250, pay $50, register with the Food Safety Branch.
3. If you're a microprocessor: attend the $50 workshop, submit recipes ($5 each), draft labels, water verification, and apply with $50 fee.
4. Prepare labels including all required elements and disclaimer.
5. Choose sales venues compliant with your category: pickup, delivery, markets, events (processors), or farm/registered market/roadside stand (microprocessors).
6. Maintain sanitary practices as required; expect inspection only on complaint (processor) or routine every 4 years (microprocessor).
7. Keep sales under $60,000 annually.
8. Stay in‑state with sales; shipping outside Kentucky not permitted.
9. Keep copies of registration, labels, inspections for records.

13. Official Resources

• DFS‑250 Application for Home‑Based Processor Registration (via Food Safety Branch) (chfs.ky.gov)
• Labeling and Allergen Requirements for Home‑Based Processors guide (chfs.ky.gov)
• Summary of Updates and Requirements page on CHFS (chfs.ky.gov)
• 902 KAR 45:090 regulation text (chfs.ky.gov)
• KRS 217.136 Home‑Based Food Processors statute (chfs.ky.gov)
• House Bill 468 text (chfs.ky.gov)
• Labeling PDF (chfs.ky.gov)

Official Sources

This guide was compiled from the following official sources:

• apps.legislature.ky.gov
• apps.legislature.ky.gov
• www.chfs.ky.gov
• apps.legislature.ky.gov
• www.pickyourown.org
• ij.org
• foodsafepal.com
• www.chfs.ky.gov
• law.justia.com

Important Notes

⚠️ No sales tax information available—verify with tax authorities

⚠️ Sources didn't specify exact list of prohibited foods beyond examples—consult regulation directly

⚠️ Local ordinances may add further restrictions not covered here