New Hampshire Cottage Food Laws

New Hampshire Cottage Food (Homestead Food) Law: A Comprehensive Guide

This guide provides an up‑to‑date, detailed overview of New Hampshire’s homestead (cottage) food law, covering sales limits, licensing, labeling, allowed products, and practical steps for starting a home‑based food business.

Quick Facts

Overview / Introduction

New Hampshire refers to cottage food operations as Homestead Food Operations—home‑based producers of non‑potentially hazardous foods. Under RSA 143‑A:12, homestead food operations are defined and regulated by NH DHHS, with the current law effective as of 2022 and amended as recently as August 13, 2024 (gc.nh.gov).

Sales Limits

Exempt homestead food operations are those that sell less than the maximum annual gross sales defined in RSA 143‑A:5, VII; the specific dollar threshold isn’t cited directly in RSA 143‑A:12, but earlier law referenced $20,000 annually as the cap (law.justia.com). These operations can sell from their home, farm stand, farmers’ markets, or retail food stores and remain exempt from licensing and inspection, unless DHHS suspects an imminent health hazard (gc.nh.gov).

Licensing & Registration

If an operation exceeds the annual sales limit or wishes to sell to restaurants, over the Internet, by mail order, or to wholesalers/distributors, it must be licensed under RSA 143‑A:4 as a non‑exempt homestead food operation (gc.nh.gov). Non‑exempt operations apply for a Class H food service license, per administrative rules He‑P 2311.01 (gc.nh.gov). The precise application process and fees are detailed in DHHS's application form (not accessible here).

Training Requirements

Current sources do not specify any required food safety training or certifications specific to homestead food operations. There’s no mention of food handler or manager certification requirements in the statutes or administrative rules provided. If DHHS rules outside He‑P 2309/2311 cover training, they were not found in provided sources. Entrepreneurs should verify with NH DHHS for any such requirements.

Home Kitchen Inspection

Exempt operations are exempt from DHHS inspection, unless there’s reason to suspect an imminent health hazard (gc.nh.gov). For non‑exempt (licensed) operations, inspection may occur as part of licensing under Class H; the statutes imply departmental oversight but exact inspection requirements should be confirmed via the application materials.

Allowed Foods

Both exempt and non‑exempt homestead food operations are limited to producing and selling the same types of non‑potentially hazardous foods:

• Baked items: breads, rolls, muffins, cookies, brownies, cakes
• Double‑crusted fruit pies
• Candy and fudge
• Packaged dry products (spices, herbs)
• Acid foods (vinegars, mustards)
• Jams and jellies

These categories are specified in administrative rules He‑P 2310.01(b) (exempt) and He‑P 2311.02(a–f) (non‑exempt) (law.cornell.edu).

Prohibited Foods

Homestead food operations may not produce or sell potentially hazardous foods, defined as items that require refrigeration or are processed acidified/low‑acid canned foods (gc.nh.gov). This includes items like salsas, sauces, and uncooked refrigerated dough—these require temperature control and do not qualify under homestead rules (pickyourown.org).

Labeling Requirements

Labels must include the following for both exempt and non‑exempt products:

• Name, address, and phone number of the operation
• Product name
• Ingredients list (descending order by weight)
• Major food allergens (unless in the ingredient name)
• A product code (batch number or date of manufacture) for recalls

Additionally:

• Exempt products must state: “This product is exempt from New Hampshire licensing and inspection”, in at least 10‑point font with clear contrast (law.cornell.edu).
• Non‑exempt (licensed) products must state: “This product is made in a residential kitchen licensed by NH DHHS”, similarly formatted (gc.nh.gov).
• For non‑exempt, additional requirements include net weight/volume in U.S. and metric, and label statement in at least 10‑point font, plus product code to include date of manufacture, container size, and lot/batch number (regulations.justia.com).

Where You Can Sell

Exempt homestead products may be sold:

• From the homestead residence
• At the owner’s farm stand
• At farmers’ markets
• At retail food stores

Once the operation is non‑exempt (licensed), it may also sell to restaurants, other food establishments, via Internet, mail order, or to wholesalers, brokers, or distributors (gc.nh.gov). Details on online, shipping, or delivery regulations are not specified in the provided sources.

Sales Tax

The provided sources do not mention sales tax obligations. Entrepreneurs should consult the New Hampshire Department of Revenue or a tax professional to determine any applicable state or local tax requirements.

Special Exemptions

There are no additional special exemptions noted in the provided statutes or rules beyond the basic exempt/non‑exempt differentiation based on sales thresholds and venues.

Getting Started: Practical Steps

1. Determine your product eligibility: Stick to approved non‑potentially hazardous items (baked goods, jams, etc.).
2. Estimate your annual sales: If under the statutory threshold (historically $20,000), you may qualify as exempt—no license needed.
3. Prepare labels: Ensure compliance with required elements and font rules.
4. Apply for license if needed: For sales beyond exempt scope or different sales channels, submit Class H license application via DHHS (see homestead application form).
5. Keep records: Maintain product labels, batch codes, and process documentation in case of recall or inspection.
6. Confirm training/tax obligations: Contact NH DHHS and Department of Revenue to verify any additional requirements.
7. Use official resources: Download forms and FAQs directly from NH DHHS to stay compliant.

Official Resources

• RSA 143‑A:12 – Homestead Food License Required – New Hampshire Revised Statutes via NH Legislature (gc.nh.gov).
• NH Administrative Rules He‑P 2310.01 (Exempt) and He‑P 2311.04 (Non‑exempt labeling) – via Justia/Regulations Justia (law.cornell.edu).
• DHHS Homestead Food Operation application and FAQs – visit the NH DHHS website (Homestead Food Operations page, application PDF, FAQs PDF) to access forms and guidance.

Official Sources

This guide was compiled from the following official sources:

• gc.nh.gov
• law.justia.com
• law.cornell.edu
• regulations.justia.com
• law.cornell.edu
• regulations.justia.com
• gc.nh.gov
• law.justia.com
• pickyourown.org
• pickyourown.org

Important Notes

⚠️ Annual sales limit not currently stated in RSA 143‑A:12—historical figure $20,000 from earlier versions; confirm current threshold with NH DHHS.

⚠️ Sources provided did not include DHHS application/FAQ PDFs due to access limitations—entrepreneurs should refer to the official NH DHHS site for those documents.

⚠️ Sales tax and training requirements were not addressed in the statutes/rules—verify separately with NH authorities.