Oregon Cottage Food Laws

Comprehensive Guide to Oregon Cottage Food (Domestic Kitchen) Laws

This guide provides Oregon home-based food entrepreneurs with a clear, actionable overview of domestic kitchen (cottage food) regulations under Oregon law, including exemptions, licensing, labeling, allowable foods, sales venues, and steps to get started.

Quick Facts

1. Overview / Introduction

In Oregon, cottage food operations are governed under the Domestic Kitchen licensing structure, intended to allow small-scale food businesses to operate from a home kitchen. The state also provides certain exemptions for low-risk, non–time/temperature controlled foods under the “Cottage Food Exemption” (OAR 603‑025‑0311 to 0330) administered by Oregon Department of Agriculture (ODA) (oregon.gov).

This framework enables entrepreneurs to produce and sell baked goods, confections, and other non–potentially hazardous items from their residential kitchens, with two primary regulatory approaches: exemption under the cottage food rules, or formal licensing as a domestic kitchen.

2. Sales Limits

• Under the Cottage Food Exemption, annual sales must not exceed $50,000 to remain exempt from licensing (oregon.gov).
• No sales caps are specified for licensed domestic kitchens—sales volume is not limited, but full compliance with licensing requirements is mandatory.

3. Licensing & Registration

Two paths exist:

A. Cottage Food Exemption (no license required)

• Applies to non–potentially hazardous baked goods, confectionery, and similar items produced at home.
• Must stay under $50,000 annual sales (oregon.gov).

B. Domestic Kitchen License (required beyond exemption limits or for additional products)

• Requires obtaining either a Domestic Kitchen Bakery license or Food Processor license through ODA (oregon.gov).
• Must produce all goods in the primary home kitchen; use of other rooms or buildings (like a garage) is prohibited (oregon.gov).
• Upon inspection and approval, the inspector provides the license application; upon approval, license arrives within ~6–8 weeks; it expires on June 30 following issuance (oregon.gov).

4. Training Requirements

• The sources reviewed do not specify training or food handler certification requirements for domestic kitchen operators or exempt cottage food producers.
• Recommendation: Verify with the ODA inspector or local health authority, as training may be required for certain food categories or at local level.

5. Home Kitchen Inspection

• For licensed domestic kitchens, an approval inspection is mandatory before the license application is issued—only after passing inspection does ODA give the application (oregon.gov).
• For cottage food exempt operations, inspections are not required unless higher-risk operations or thresholds are crossed, but ODA recommends contacting the inspector to confirm exemption status (oregon.gov).

6. Allowed Foods

• Under the Cottage Food Exemption, allowed products include baked goods, confectionery items, and other non–time/temperature controlled for safety foods (oregon.gov).
• If licensed, domestic kitchens can produce bakery items and processed foods, excluding low-acid canned goods, dairy products like yogurt or cheese, and other higher-risk items (oregon.gov).

7. Prohibited Foods

• Cottage Food Exemption: Only limited to non–potentially hazardous foods; any foods needing time/temperature control (like custards, meats, low-acid canned goods) are disallowed (oregon.gov).
• Domestic Kitchen License: Explicit prohibitions include low-acid home canned foods, milk and milk products (yogurt, cheese, ice cream), and pet food processing (unless exempt) (oregon.gov).

8. Labeling Requirements

• The provided sources do not include explicit labeling text or statements required for cottage/exempt products.
• They reference NSF guidance for labeling generally (Retail Food: Laws and Regulations, Unique Identification Number for dwellings) (oregon.gov).
• Note: Operators should consult the FDA Food Labeling Guide for federal requirements, and reference ODA’s “Laws and Regulations” resources, including the Unique Identification Number application for home products (fda.gov).

9. Where You Can Sell

• Exempt cottage food products may be sold directly to consumers, including at farmers markets and direct sales, provided they stay under sales limit and include proper labeling (oregon.gov).
• Licensed domestic kitchen products can be distributed more broadly, including through retailers, as long as produced in-home kitchen and within licensing scope; require full compliance (oregon.gov).
• Farm produce stands or direct on-farm sales of home-grown produce are exempt separately (oregon.gov).

10. Sales Tax

• The sources provided do not specify state or local sales tax requirements for cottage food or domestic kitchen operations.
• Recommendation: Consult Oregon Department of Revenue or a tax advisor to understand any sales tax obligations for direct food sales.

11. Special Exemptions

• Other exemptions include farm direct marketing, benevolent nonprofit sale of non–potentially hazardous foods, food swap clubs, and egg, honey, dairy exemptions under separate programs (oregon.gov).
• These exemptions are distinct from cottage food rules and may allow additional direct-sale activities.

12. Getting Started

Steps for aspiring cottage food entrepreneurs in Oregon:

1. Define your product scope—if you're selling non–potentially hazardous items and under $50,000 in annual sales, you may qualify for the Cottage Food Exemption.
2. Contact your ODA food safety inspector to confirm eligibility for exemption (oregon.gov).
3. If exceeding thresholds or producing other foods, apply for a Domestic Kitchen License:
   • Arrange for an approval inspection through your inspector 2+ weeks before starting production (oregon.gov).
   • Prepare documentation (plans, land use statement, water/septic approvals, plumbing, business name, product labels) (oregon.gov).
   • Upon approval and fee submission, license issued; valid until June 30 after issuance (oregon.gov).
4. Ensure compliance with product prohibitions and labeling—use ODA and FDA resources.
5. Sell directly to consumers or at venues as allowed by your exemption or license.
6. Maintain records and renew license annually, before June 30.

13. Official Resources

• ODA Cottage Food Exemption info: Details on exemption rules and FAQs (oregon.gov).
• ODA Domestic Kitchen Licensing: Eligibility, prohibited activities (oregon.gov).
• ODA License Application & Inspection Process: What you need to apply and timeline (oregon.gov).
• ODA Resources & Laws and Regulations: Including labeling laws, forms, unique ID application (oregon.gov).
• FDA Food Labeling Guide: For federal labeling requirements (fda.gov).

Official Sources

This guide was compiled from the following official sources:

• www.oregon.gov
• www.oregon.gov
• www.oregon.gov
• www.oregon.gov
• www.oregon.gov
• www.fda.gov

Important Notes

⚠️ Training requirements are not specified in sources—consult ODA or local health authority.

⚠️ Labeling, sales tax, online/delivery/shipping rules aren’t detailed—verify before operating.