Mississippi Cottage Food Laws

Comprehensive Guide to Mississippi Cottage Food Laws

This guide provides a detailed overview of Mississippi’s cottage food law, enacted in 2013 and updated in 2020. It covers sales limits, allowed and prohibited foods, labeling, sales venues, training, and practical steps for starting a compliant home-based food business.

Quick Facts

Overview / Introduction

Mississippi’s cottage food law, known as the Mississippi Cottage Food Production Act, was enacted in 2013 with the passage of Senate Bill 2553, effective July 1, 2013, allowing home-based producers to sell certain homemade goods directly to consumers without licensing or inspection (billstatus.ls.state.ms.us). The law was amended in 2020 under House Bill 326, raising the annual gross sales cap and allowing online advertising, though not direct online sales (extension.msstate.edu).

Sales Limits

Mississippi cottage food operations are limited to $35,000 in gross annual sales (msdh.ms.gov). The cap applies to all sales of cottage food products across locations and product types. Operators must supply documentation upon request (billstatus.ls.state.ms.us).

Licensing & Registration

Cottage food operations in Mississippi are exempt from state licensing, certification, or permitting requirements, provided annual sales stay within the limit and direct-to-consumer sales are maintained (billstatus.ls.state.ms.us). There is no requirement to obtain a food service or retail permit, and no fees are required to begin operations (billstatus.ls.state.ms.us). However, local business permits or zoning rules may still apply depending on location (msdh.ms.gov).

Training Requirements

Mississippi does not require any food safety training or certification for cottage food operators (ij.org). However, the state strongly encourages training, particularly for those producing acidified or pickled foods, due to botulism risks (foodsafepal.com).

Home Kitchen Inspection

Inspections are not required for cottage food operations, unless the operation has received at least three separate complaints, and the State Department of Health has reasonable cause to investigate, at which point inspection may occur (billstatus.ls.state.ms.us).

Allowed Foods

Allowed items must be non‑potentially hazardous, require no time‑or‑temperature control for safety, and meet FDA definitions. Permitted foods include:

• Baked goods without cream, custard, or meat fillings (e.g., breads, cookies, pastries, tortillas)
• Candy; chocolate‑covered nonperishables (nuts, fruit except melons)
• Dried fruit (except melons), dried pasta, dried spices, dry baking mixes, granola, cereal and trail mixes, dry rubs, fruit pies
• Jams, jellies, preserves compliant with FDA standard CFR Part 150
• Nut mixes, popcorn, vinegar, mustard, waffle cones
• Acidified foods meeting CFR Part 114 definitions (msdh.ms.gov).

Prohibited Foods

Mississippi prohibits the sale of potentially hazardous or high‑risk foods, including:

• Meat, fish, poultry, seafood, and low‑acid canned vegetables or meats (pH >4.6)
• Dairy products (including custard pies), cooked beans, legumes, potatoes, rice, cooked vegetables
• Eggs except air‑dried hard‑cooked eggs with intact shell
• Raw seed sprouts, sliced melons, garlic/herbs in oil, pasteurized or pre‑cooked foods, fruit/vegetable juices
• Beverages, liquid foods, canned fruits and vegetables (unless properly acidified), sugar‑free jams/jellies
• Chocolate‑covered fruit with stick (unless sold intact without applied stick) (msdh.ms.gov).

Labeling Requirements

Each cottage food package must carry a label with:

• Name and address of the cottage food operation
• Product name
• Ingredient list, descending by weight
• Net weight or volume
• Allergen information per federal requirements (e.g. milk, eggs, wheat, peanuts, soy, fish, shellfish, tree nuts, sesame)
• Nutrition facts only if a nutritional or health claim is made
• The exact statement, in at least 10‑point type, clear contrast: “Made in a Cottage Food operation that is not subject to Mississippi’s food safety regulations.” (msdh.ms.gov).

Where You Can Sell

Mississippi allows sale of cottage foods only directly to the end consumer, in person, and only within Mississippi. Permitted venues include:

• From your home
• Farmers’ markets, roadside stands, county or municipal fairs, or similar community events
• Advertising online and on social media is allowed, but actual sales must be conducted face‑to‑face, no Internet, mail order, shipping, or third‑party retail/consignment (msdh.ms.gov).

Sales Tax

The sources provided do not cover state or local sales tax requirements for cottage food sales. Entrepreneurs should consult the Mississippi Department of Revenue or local tax authorities for applicable tax obligations.

Special Exemptions

SB 2553 provides that a producer is exempt from licensure, certification or inspection so long as there is only one transaction between the producer (or agent) and the end‑consumer for food intended for home consumption or at a traditional community social event (e.g., wedding, church event) (billstatus.ls.state.ms.us).

Getting Started

Practical steps to begin:

1. Ensure your sales will not exceed $35,000 annually and will be direct-to-consumer within Mississippi.
2. Produce only allowed low‑risk foods from your home kitchen, following FDA Retail Food Code safe‑handling principles (msdh.ms.gov).
3. Create labels meeting all requirements including the mandatory disclosure statement.
4. Keep clear records of sales in case of documentation requests or complaints.
5. Consider voluntary food safety training, especially for acidified foods.
6. Check local city/county requirements for business licenses, zoning, insurance, or taxes (msdh.ms.gov).
7. Be prepared for inspection only if three separate complaints are lodged and risk is suspected.

Official Resources

• Senate Bill 2553 (Mississippi Cottage Food Production Act, 2013): SB2553 official text.
• Mississippi Department of Health “Cottage Food Operation: Frequently Asked Questions” (Revised September 2023): MSDH FAQ PDF.
• FDA Retail Food Code for safe‑handling guidelines.
• Mississippi State University Extension Service: Cottage Food Operations guidance.

Official Sources

This guide was compiled from the following official sources:

• billstatus.ls.state.ms.us
• msdh.ms.gov
• extension.msstate.edu
• ij.org
• foodsafepal.com

Important Notes

⚠️ Sales tax requirements not covered—verify with state/local revenue authorities.

⚠️ Local business licensing or zoning rules may apply.

⚠️ Information reflects law as of Sept 2023; verify for any updates.