Kentucky Cottage Food Laws

Kentucky Cottage Food Law: Comprehensive Guide for Home-Based Food Entrepreneurs

This guide provides a detailed, practical overview of Kentucky’s cottage food laws for home-based processors and microprocessors, covering sales limits, registration, training, allowed products, labeling, sales venues, and step‑by‑step guidance to get started—based solely on official state sources.

Quick Facts

1. Overview / Introduction

Kentucky enacted its modern cottage food law with House Bill 468, which became law on March 27, 2019, and the corresponding administrative regulation (902 KAR 45:090) became effective September 9, 2019 (chfs.ky.gov). The law created two classifications:

• Home‑based processors, non‑farmers selling certain low‑risk, non‑potentially hazardous foods made at home.
• Home‑based microprocessors, farmers who grow the primary ingredients and may sell higher‑risk canned or acidified foods under stricter rules (ij.org).

2. Sales Limits

Both home‑based processors and microprocessors face a gross annual sales cap of $60,000 (ij.org). (Note: an older source suggested a microprocessor cap under $35,000, but more authoritative and current sources confirm $60,000 applies to both categories.) (farmtoconsumer.org)

3. Licensing & Registration

Home‑based processors must register with the Kentucky Department for Public Health’s Food Safety Branch. Registration requires submitting form DFS‑250 and a $50 annual fee. Registrations expire March 31 each year (apps.legislature.ky.gov).

Home‑based microprocessors must:

• Attend a University of Kentucky microprocessor workshop (fee: $50)
• Submit recipes for approval ($5 per recipe)
• Provide draft labels and verified water source
• Submit as part of the application to the Food Safety Branch (with fee) (ij.org)

4. Training Requirements

Home‑based processors are not required to complete food safety training or workshops (ij.org). However, microprocessors must complete the University‑of‑Kentucky workshop as noted above (ij.org).

5. Home Kitchen Inspection

For home‑based processors, kitchen inspection is not required; inspections are conducted only upon complaint, using form DFS‑252 (apps.legislature.ky.gov).

For microprocessors, inspection details are tied to their certification requirements, though not explicitly mandated at the home kitchen level beyond recipe, label, and water approval (ij.org).

6. Allowed Foods

Home‑based processors may produce:

• Foods listed in KRS 217.015(56) (e.g., jams, jellies, fruit butters)
• Dried/freeze‑dried whole fruits or vegetables
• Candy (without alcohol, no bare‑hand contact)
• Maple syrup, pecan pies
• Granola (with dried grains), trail/snack mix, popcorn (plain or seasoned) (apps.legislature.ky.gov).

Home‑based microprocessors can produce foods referenced in KRS 217.015(57), including salsa, pickled fruits/vegetables, barbecue sauce, vinegar, low‑ or no‑sugar jams, and pressure‑canned vegetables—provided the primary ingredient is home‑grown (ij.org).

7. Prohibited Foods

Both home‑based processors and microprocessors may not produce or sell:

• Crème‑filled pies, custard, custard pies, meringue pies, cheesecakes, cream/custard/m aran  pastries, raw seed sprouts, garlic‑in‑oil products, pureed baby foods
• Vacuum packaging (except mason‑type jars)
• Acidified foods (for home‑based processors), unless under microprocessor regulations
• Low‑acid canned foods (home‑based processors only) (apps.legislature.ky.gov).

8. Labeling Requirements

Labels for home‑based processors must include all of the following in the format specified (per KRS 217.136(3)):

1. Common or usual name of the product
2. Name and address (street, city, state, ZIP) of the operation
3. Ingredients in descending order by weight
4. Net weight or volume (standard measure) or numerical count
5. Processing/production date
6. Statement "This product is home‑produced and processed" in 10‑point type
7. Allergen information per federal law (21 U.S.C. 343(w)) (chfs.ky.gov).

9. Where You Can Sell

Home‑based processors may sell directly to consumers within Kentucky only, through: pick‑up or delivery, from home, at farmers markets, roadside stands, fairs, festivals, community events, and online—provided delivery is in‑state (law.cornell.edu). They cannot sell to retail outlets (grocery stores, restaurants), ship via mail, or sell out‑of‑state (ij.org).

Home‑based microprocessors may sell only from their own farm, at registered farmers’ markets, or at certified roadside stands—also direct to consumers within Kentucky (ij.org).

10. Sales Tax

No information regarding Kentucky state or local sales tax requirements for cottage food sales is included in the provided official sources. Entrepreneurs should verify sales tax obligations with the Kentucky Department of Revenue or a tax professional.

11. Special Exemptions

Some sources suggest additional exemptions, such as selling honey (up to 150 gallons/year) or eggs (up to 60 dozen/week), or pet food, but these are not supported by the official Kentucky sources provided (CHFS documents and statutes). Wrestle with caution and seek direct confirmation from CHFS (shopcastiron.com).

12. Getting Started: Actionable Steps

1. Check your product: Ensure your planned foods are on the allowed list (home‑based processor or microprocessor as appropriate).
2. Choose your category: If you grow the main ingredient and want acidified or canned foods, opt for microprocessor; otherwise, stay with home‑based processor.
3. Register or certify:
   • Home‑based processors: submit DFS‑250 + $50, valid until March 31.
   • Microprocessors: attend UK workshop ($50), submit recipes ($5 each), labels, water verification, and apply.
4. Design labels: Include all required elements (see Section 8) with exact phrasing.
5. Plan sales venues: Only in‑state, direct to consumer; online orders acceptable if for local delivery or pick‑up.
6. Maintain hygiene: Follow sanitation and operational standards (no pets/kids, clean utensils, no domestic tasks during production) (regulations.justia.com).
7. Track your sales: Ensure you stay under $60,000/year.
8. Stay compliant: Avoid prohibited foods, re‑register annually, and keep records in case of inspection.

13. Official Resources

• Kentucky Cabinet for Health and Family Services (CHFS), Food Safety Branch – Home‑Based Processing Page (chfs.ky.gov)
• Labeling Requirements PDF (chfs.ky.gov)
• Summary of Updates (HB 468) PDF (chfs.ky.gov)
• Statute: KRS 217.136 – defines labeling, registration, exemptions (law.justia.com)
• Regulation: 902 KAR 45:090 – detailed operational rules (apps.legislature.ky.gov)

Official Sources

This guide was compiled from the following official sources:

• chfs.ky.gov
• apps.legislature.ky.gov
• apps.legislature.ky.gov
• law.justia.com
• www.chfs.ky.gov
• www.chfs.ky.gov
• ij.org
• foodsafepal.com
• www.shopcastiron.com

Important Notes

⚠️ Sales tax obligations are not covered by the official sources—verify with Kentucky Department of Revenue.

⚠️ Claims about honey, eggs, or pet food exemptions are not found in official sources—verify directly with CHFS before relying on them.