Utah Cottage Food Laws: A Comprehensive Guide for Home-Based Food Entrepreneurs
Utah offers two pathways for home-based food businesses: the traditional Cottage Food Law (requiring registration, permitting broader sales venues, with more oversight) and the Home Consumption and Homemade Food Act (“Food Freedom” Act) offering minimal regulation but more limited sales channels. This guide covers both systems, including allowed foods, requirements, labeling, where you can sell, and practical steps to get started.
Quick Facts
| Requirement | Utah |
|---|---|
| Annual Sales Limit | Traditional: Unclear (verify; third-party sources mention $50,000 but not confirmed); Food Freedom: None |
| License Required | Traditional: UDAF registration & food handler’s permit; Food Freedom: No UDAF license, but business license may be required |
| Registration Required | Traditional: Yes; Food Freedom: No |
| Home Inspection | Traditional: Yes; Food Freedom: No |
| Food Safety Training | Traditional: Food handler’s permit required; Food Freedom: Not required |
| Labeling Required | Traditional: name, ingredients, allergens, net quantity, business info, 'Home Produced'; Food Freedom: name/address, allergens, disclaimer 'Not for Resale – Processed and prepared without the benefit of state or local inspection.' |
| Online Sales | Traditional: Yes (in Utah only); Food Freedom: Limited—direct arrangement only |
| Delivery | Traditional: Yes; Food Freedom: In-person direct only |
| Shipping | Not allowed for either—sales must be in Utah, direct |
Overview / Introduction
Utah supports two distinct legal pathways for home-based food entrepreneurs:
• Traditional Cottage Food Law: Operates under Utah Code Title 4, Chapter 5, §9.5, and related administrative rules—requires registration with Utah Department of Agriculture and Food (UDAF), a valid food handler’s permit, and inspection to sell shelf-stable, low-risk foods. (ag.utah.gov)
• Home Consumption and Homemade Food Act (HCHFA) or “Food Freedom Act” (HB 181, 2018): Enacted in 2018, this alternative path allows limited direct-to-consumer sales from home without UDAF registration or inspection. (ag.utah.gov)
Sales Limits
• Traditional Cottage Food Law: No explicit annual revenue cap is stated in UDAF materials. Some summaries (e.g., third-party) reference a $50,000 cap, but this isn’t confirmed in official sources—verify directly with UDAF. (standscout.com)
• Home Consumption and Homemade Food Act: No revenue limitations are mentioned in UDAF guidance—this path imposes no cap. (ag.utah.gov)
Licensing & Registration
• Traditional Cottage Food:
- Registration with UDAF required before operating. (law.justia.com)
- A food handler’s permit must be held by each operator. (law.justia.com)
- Application packet includes forms, label templates, checklist, etc. (ag.utah.gov)
• HCHFA (“Food Freedom”):
- No UDAF registration required. (ag.utah.gov)
- No food handler permit required per UDAF—though good practice. (ag.utah.gov)
Training Requirements
• Traditional Cottage Food: Requires a valid food handler’s permit—UDAC rules require operators to hold one. Duration/renewal period not specified—verify with your training provider. (law.cornell.edu)
• HCHFA / Food Freedom: No training or food handler permit required under state law. (ag.utah.gov)
Home Kitchen Inspection
• Traditional Cottage Food: Kitchen inspection is required. Rules specify separation from domestic storage, no pets, sanitary practices, sample retention, annual water testing if needed, etc. (law.cornell.edu)
• HCHFA / Food Freedom: No inspection required. (ag.utah.gov)
Allowed Foods
• Traditional Cottage Food: Allowed low‐risk, shelf‐stable foods including breads, cookies, cakes (without cream or custards), dry mixes, cereals, dried fruits, spices, candies (no cream-based), jams/jellies (non–sugar-free), honey, popcorn, roasted coffee, vinegar (filtered), etc. (ag.utah.gov)
• HCHFA / Food Freedom: Broader: includes baked goods, candies, jams, preserves, pickled vegetables, fermented foods, dairy (except raw milk), poultry (below thresholds), rabbit meat. (thecottagelawkitchen.com)
Prohibited Foods
• Traditional Cottage Food: No refrigerated or frozen foods, no meat/poultry, no cheesecakes/custards, no high-risk or potentially hazardous foods. (ag.utah.gov)
• HCHFA / Food Freedom: Some limits remain—raw milk/dairy and heavily commercial meat processing excluded; but small-scale poultry and rabbit meat allowed. (ag.utah.gov)
Labeling Requirements
• Traditional Cottage Food: Labels must include:
- Name of food, complete ingredients list, net quantity, allergens, business name & contact, and statement “Home Produced”. (ag.utah.gov)
• HCHFA / Food Freedom: Labels must include name/address, allergen list, and the disclaimer: “Not for Resale – Processed and prepared without the benefit of state or local inspection.” or similar per code. (ag.utah.gov)
Where You Can Sell
• Traditional Cottage Food: Sales allowed within Utah, direct-to-consumer, and to stores for resale. Includes farmers markets, retail, online (in-state). (ag.utah.gov)
• HCHFA / Food Freedom: Sales must be in-person direct to final consumer at a prearranged location, within Utah. Farmers market sales restricted to direct-sale sections. No resale, no wholesale or third-party retail. (ag.utah.gov)
Sales Tax
State sources don’t specify sales tax—but Utah requires a sales tax license, collects tax on food sales except certain exemptions. Delivery fees are generally not taxable. Recommend verifying with Utah State Tax Commission. (reddit.com)
Special Exemptions
HCHFA: Allows very limited exemptions for poultry and rabbit meat under the “Food Freedom” path. (ag.utah.gov)
Getting Started
Step-by-step suggestion:
- Decide your path—Traditional vs Food Freedom—based on desired sales channels and willingness to comply.
- Traditional Cottage Food:
- Obtain food handler’s permit;
- Download application packet from UDAF;
- Prepare labels and recipes;
- Submit application and possibly pay fee (packet doesn’t list amount—verify);
- Prepare kitchen to meet Rule R70‑560‑4; schedule and pass inspection;
- Begin sales within state. (ag.utah.gov)
- Food Freedom (HCHFA):
- Design compliant labels with required disclaimer;
- Check local business licensing;
- Sell directly in person to consumers at agreed locations (home, farmers market direct-sales section, etc.). (ag.utah.gov)
Official Resources
- Utah Department of Agriculture and Food – Cottage Food Production page (main information hub) (ag.utah.gov)
- UDAF’s Home Consumption and Homemade Food Act page (Food Freedom path) (ag.utah.gov)
- Utah Code HB 181 (Home Consumption and Homemade Food Act, 2018) (le.utah.gov)
- Administrative Rule R70‑560‑4 (production requirements) via Utah Admin Code/LII (law.cornell.edu)
Official Sources
This guide was compiled from the following official sources:
- ag.utah.gov
- ag.utah.gov
- le.utah.gov
- ag.utah.gov
- www.law.cornell.edu
- ag.utah.gov
- thecottagelawkitchen.com
- www.reddit.com
- www.reddit.com
Important Notes
⚠️ Annual sales limit for Traditional path is not confirmed in official sources — some third‑party summaries mention $50,000 cap but verify with UDAF.
⚠️ Sales tax rules are not detailed—check with Utah State Tax Commission for current guidance.
⚠️ Label wording and requirements may be updated—confirm via latest UDAF labeling guidelines.