Ohio Cottage Food Laws

Ohio Cottage Food & Home Bakery Laws: A Practical Guide for Home-Based Food Entrepreneurs

Ohio offers two distinct, well-defined pathways for home-based food businesses: the Cottage Food Production route (no license, inspections, or fees, but limited to non-potentially hazardous, shelf-stable foods and in-state direct sales) and the Home Bakery License (requires annual registration, kitchen inspection, allows perishable baked goods and wholesale/retail sales). Both paths allow unlimited revenue.

Quick Facts

1. Overview / Introduction

Ohio provides two tiers for home-based food businesses:

• Cottage Food Production Operation (Cottage Food): Allows sale of certain non-potentially hazardous, shelf-stable foods made in a home kitchen without license, inspection, or fee—permitted only within Ohio. (codes.ohio.gov)

• Home Bakery License: A more flexible option permitting perishable baked goods (e.g., cheesecakes, cream pies) but requires a $10 annual registration, kitchen inspection, and prohibition of pets. (codes.ohio.gov)

These pathways are regulated by the Ohio Department of Agriculture (ODA) under the Revised Code and Administrative Code. Chapter 911 (ORC 911.02) defines home bakery registration, while OAC Rule 901:3‑20 details allowed cottage food products. (codes.ohio.gov)

2. Sales Limits

• No annual revenue cap for either operation; entrepreneurs can scale freely. (standscout.com)

3. Licensing & Registration

Cottage Food: No license or registration required; zero fees. (thecottagelawkitchen.com)

Home Bakery License: • Must register annually with the ODA. The annual fee is $10, regardless of kitchen capacity or number of ovens. (codes.ohio.gov) • Registration must renew by September 30 each year as noted in ORC 911.02. (codes.ohio.gov)

4. Training Requirements

• No mandatory food safety training is required under either system. However, Ohio State University Extension is providing training and resources to support both cottage food and home bakery operators through 2026. (portal.nifa.usda.gov)

5. Home Kitchen Inspection

Cottage Food: No inspection required. (thecottagelawkitchen.com)

Home Bakery License: • State inspection mandatory before licensing. Inspectors assess:

• Cleanability of walls, floors, ceilings (no carpet, good repair)
• No pets or pests in the home
• Sanitary utensils and equipment
• Mechanical refrigerator maintained at 45 °F or less with thermometer
• If private well, annual coliform test proof • Labels must be reviewed during inspection. (ohioaglaw.wordpress.com)

6. Allowed Foods

Cottage Food (OAC Rule 901:3‑20‑04) includes:

• Non-potentially hazardous bakery products
• Jams, jellies, fruit butters, fruit chutneys
• Candy (excluding fresh-fruit-dipped)
• Flavored honey, maple sugar
• Granola, granola bars (if fruit used, must be commercially dried)
• Popcorn products, unfilled baked donuts, waffle cones, pizzelles
• Dry cereals, nut mixes, roasting coffee
• Dry baking mixes, herb blends, soup mixes, seasoning blends, tea blends • Must not use reduced-oxygen packaging. (codes.ohio.gov)

Home Bakery may also produce potentially hazardous baked goods, including cheesecakes, cream pies, custard pies, filled pastries, etc. (zmchd.org)

7. Prohibited Foods

• Cottage Food: Forbidden items include:

  • Potentially hazardous or refrigerated items
  • Acidified or low-acid canned goods
  • Adulterated or mislabeled food
  • Items not explicitly listed in Rule 901:3‑20‑04
  • Sales outside Ohio. (codes.ohio.gov)

• Home Bakery: While more flexible, still prohibited to operate completely outside Ohio law; interstate shipping may require federal oversight. No explicit list, but limited to baked goods. (zmchd.org)

8. Labeling Requirements

Both operations require proper labeling:

• Must include:

  1. Product name (identity)
  2. Ingredient list (descending weight)
  3. Net weight or volume
  4. Producer’s name and address
  5. The statement: “This product is home produced.” (legalclarity.org)

• Additional for Home Bakery:

  • If product requires refrigeration, label must state “Keep Refrigerated” or similar. (zmchd.org)

9. Where You Can Sell

Cottage Food:

• Allowed: direct-to-consumer sales (home, farmers markets, farm stands, community events), online (direct, in-state), and home delivery—but strictly within Ohio. (legalclarity.org)

Home Bakery:

• Allows all cottage food venues plus wholesale sales to grocery stores, restaurants, retail establishments. Sales, including distribution in restaurants, are permitted. Interstate shipping is allowed—but may require compliance beyond state scope. (zmchd.org)

10. Sales Tax

None of the provided official ODA sources address Ohio sales tax obligations for cottage food or home bakery businesses. Sellers should verify directly with the Ohio Department of Taxation for guidance on registration, collection, and remittance of sales tax.

11. Special Exemptions

• The Cottage Food Production Exemption in Ohio Revised Code allows home-based sales of certain shelf-stable foods without licensing, as long as they comply with labeling and safety requirements. (legalclarity.org)

• Note: Interstate sales of cottage food products are prohibited; cottage producers must sell only within Ohio. (codes.ohio.gov)

12. Getting Started

Cottage Food Path (simplest route):

1. Select a product from the allowed list (non-potentially hazardous shelf-stable items). (codes.ohio.gov)
2. Create labels with required elements including "This product is home produced." (thecottagelawkitchen.com)
3. Begin selling directly—no registration, inspection, or fee needed within Ohio. (thecottagelawkitchen.com)

Home Bakery Path:

1. Prepare a compliant home kitchen (one residential oven, sanitary surfaces, no pets, refrigerator ≤45 °F, well-tested if applicable). (ohioaglaw.wordpress.com)
2. Contact ODA to arrange inspection. (ohioaglaw.wordpress.com)
3. Upon passing inspection, submit the $10 annual registration before September 30. (codes.ohio.gov)
4. Design and apply proper labels; include “Keep Refrigerated” if needed. (zmchd.org)
5. Begin sales—including wholesale and retail venues. No revenue cap. (standscout.com)

13. Official Resources

Key Official Links (verify for updates):

• Home Bakery Registration & License (ODA Division of Food Safety)
• Cottage Food Resources (ODA)
• Food Safety Division general licenses
• Labeling requirements (ODA)
• FAQs page (ODA)

Note: Specific links were designated by user but direct content access wasn't retrieved. Users should refer directly to the ODA’s official site at https://agri.ohio.gov and navigate to Food Safety → Licenses → Home Bakery Registration, Food Safety → Resources → Cottage Food, Food Safety → Labeling, and Food Safety → Questions for the most authoritative and updated forms, fact sheets, and guidance.

Official Sources

This guide was compiled from the following official sources:

• codes.ohio.gov
• codes.ohio.gov
• codes.ohio.gov
• standscout.com
• thecottagelawkitchen.com
• ohioaglaw.wordpress.com
• www.zmchd.org
• portal.nifa.usda.gov
• codes.ohio.gov
• legalclarity.org
• www.farmanddairy.com

Important Notes

⚠️ Sales tax obligations are not addressed in these sources—entrepreneurs must confirm requirements through the Ohio Department of Taxation.

⚠️ Interstate shipping rules—while home bakeries may ship out-of-state, federal regulations may apply; verify separately.

⚠️ Links specified by user may have updated content—always consult ODA’s official site for current forms, fees, and procedures.