Every jurisdiction with an open wholesale channel, with its statute, cost, cap, inspection requirement, and the specific rule most likely to disqualify a maker.
Ordered by tier, then alphabetically. "In-state only" appears on nearly every entry — assume intrastate unless stated otherwise.
| State | Retail | Restaurants | Fee | Inspection | Cap |
|---|---|---|---|---|---|
| Texas | Yes | Yes | None | None | $150K |
| New York | Yes | Yes | Free | Complaint-only | None published |
| Georgia | Yes | Yes | None | Complaint-only | None |
| Ohio | Yes | Yes | None | None | None |
| Wyoming | Yes | Yes | None | None | $250K |
| West Virginia | Yes | Yes | None | None | None |
| Tennessee | Yes | No | None | None | None |
| Alaska | Yes | Yes | None | None | None |
| Pennsylvania | Yes | Yes | $35 + $35/yr | Pre-op | None |
| Iowa | Yes | Yes | $50/yr | Yes | $50K |
| Virginia | Yes | Yes | $40/yr | Pre-op + routine | None |
| California | Yes | Yes | ~$292/yr | Annual | ~$172–180K |
| North Carolina | Yes | Yes | None | Pre-op, 8–12wk | None |
| Maryland | Yes | No | Free | None | $50K |
| Massachusetts | Yes | Yes | ~$50–100 | Yes | None |
| District of Columbia | Excl. grocery | Excl. | $50/2yr + $35 | Possible | None |
| Hawaii | Yes | Yes | None | Possible | None |
| Arizona | Yes | Yes | Free | None | None |
| Oklahoma | Yes | Not listed | $15 optional | None | $75K |
| South Carolina | Yes | Packaged only | Free | None | None |
| Utah | Yes | Unconfirmed | Reg. fee | Pre-op | ~$50K |
| New Hampshire | Yes | Yes | $50 or $150/yr | — | None |
| Oregon | Retail + coffee | No | None | None | $52,700 |
| Maine | Yes | Yes | $20/yr | Yes | None |
| {.channel-table} |
Cottage Food, Health & Safety Code Ch. 437; SB 541 effective 1 Sept 2025. Per Texas DSHS, SB 541 increased the annual gross income threshold to $150,000, indexed for inflation. Non-TCS foods may be sold wholesale to a registered cottage food vendor who resells at farmers markets, farm stands, food service establishments, or any retail store. No license, no local permit, no fee, no inspection. Accredited food-handler training required. Residential address may be replaced by a DSHS unique ID number. Vendor must post the disclosure sign; the label must carry the production date. In-state only.
The strongest state in the country for this model.
Home Processor Exemption, 1 NYCRR 276.4 — exempts from the Article 20-C license. Free registration. Wholesale and retail permitted, including to restaurants, cafés, and grocery stores within New York. Complaint-only inspection, roughly two weeks to approval. Private-well water test required. Address (street or PO box) required, no substitute. In-state only.
Chocolate coating and dipping are prohibited. Per the NY Department of Agriculture & Markets Home Processor FAQ (FSI-898D):
"Chocolate and chocolate-like products have been implicated in food borne illnesses. Melting chocolate is not a thermal process (no control step). Chocolate melts at very low temperatures."
Caramel and cheese coatings are unaffected. Some 2026 third-party sources assert a $50,000 cap and a new two-hour food-safety course; the official Ag & Markets materials publish neither — treat as unresolved.
O.C.G.A. §26-2-30 et seq., HB 398 effective 1 July 2025. Per the Georgia Department of Agriculture's HB 398 FAQ, producers "may then sell those cottage food items to consumers directly or to retail food sales establishments like grocery stores, convenience stores, or restaurants." HB 398 removed the state license, the $100 annual fee, and the $5,000 cap. No revenue cap, no fee, no routine inspection. One-time ANAB-accredited food-safety course.
Two traps: cottage products must be merchandised in a separate, clearly labeled section; and under O.C.G.A. §26-2-478 each city or county may pass an ordinance prohibiting sales through third-party vendors. Check the local code before pitching a buyer. GDA's FAQ also claims interstate shipping is permitted — this conflicts with FDA jurisdiction; treat as intrastate.
Cottage food exemption, ORC §§3715.021/.023/.025, OAC 901:3-20. Wholesale to licensed retail food establishments and food service operations (ORC Ch. 3717 licensees) explicitly permitted — grocery and bars/restaurants both. No license, no fee, no inspection, no revenue cap. In-state only.
Two constraints: reduced-oxygen packaging is prohibited, and there is a one-oven limit per ORC §3715.01. Festivals must be organised by a political subdivision and run seven consecutive days or fewer, which excludes private craft fairs and flea markets.
Wyoming Food Freedom Act, W.S. 11-49-102/103 (HB 84, 2020). Indirect sales of non-potentially-hazardous food through retail stores and restaurants permitted. No license, permit, fee, or inspection. Per W.S. 11-49-102(a) a "producer" may not produce more than 250,000 individual food or drink products annually, nor exceed $250,000 in gross revenue annually.
Merchandising constraint, HB 84 subsection (k) verbatim — the food:
"shall not be displayed or offered for sale on the same shelf or display as food produced in a licensed establishment and shall be clearly and prominently labeled with 'this food was made in a home kitchen, is not regulated or inspected and may contain allergens.'"
W. Va. Code §19-35-6 / §19-35-2 (SB 285/2019, HB 2633/2021). A "third-party vendor, such as a retail shop or grocery store" — and, per the Institute for Justice, restaurants — may sell the producer's non-PHF food. No cap, no permit, no inspection. Residential address required on the label, no ID substitute. In-state only.
Verbatim label: "This product was produced at a private residence that is exempt from state licensing and inspection. This product may contain allergens."
Food freedom law (2022), replacing the prior domestic-kitchen scheme. Wholesale to retail stores and grocery permitted; restaurants and food service are prohibited. Perishable products may not be sold wholesale. No cap, no license, no inspection, no training. In-state, including in-state shipping.
Homemade Food Rule, AS 17.20.332–.338 (HB 251, effective Aug 2024, replacing the $25,000-cap cottage rule). Non-PHF may be sold by the producer or an "agent," and agents expressly include gift shops, convenience stores, grocery stores, coffee shops, and restaurants. No cap. Label requires producer name, address, and phone plus a business license number. Not interstate.
DEC frames this as agency, not wholesale — use a signed producer–agent agreement.
Verbatim: "This food was made in a home kitchen, is not regulated or inspected, except for meat and meat products, and may contain allergens."
Limited Food Establishment (LFE), 3 Pa.C.S.A. §§5721–5737. $35 initial plus $35 annual. Plan review, business plan, sample label, and on-site inspection by a regional Food Sanitarian. Application Section 8 has a "Wholesale only / Both Retail and Wholesale" checkbox. No revenue cap.
Disqualifier: no animals or pets anywhere in the residence at any time while registered. Well water requires annual coliform plus nitrate/nitrite testing.
Home Food Processing Establishment (HFPE) license, Iowa Code Ch. 137F / IAC 481-34 (HF 2431, 2022). $50/year. Wholesale and resale through other businesses permitted. $50,000 gross cap. Cottage kitchen inspection, ISU HFPE food safety course (under $50), and annual private-well testing.
Disqualifier: pets never allowed in the kitchen or any room where business food is stored. Iowa's separate cottage exemption is direct-only. Iowa's food code also restricts reduced-oxygen packaging.
Home Food Processing Operation (VDACS), Virginia Food & Drink Law. The application explicitly asks "Percentage of products sold wholesale to wholesale accounts for the purpose of resale (restaurants, retail stores, etc.)." $40/year. Pre-operational plus unannounced routine inspections. Requires written local zoning approval. Well water: coliform test less than six months old.
Disqualifier: food processing and storage areas must be completely enclosed and separated from the rest of the residence, with pets excluded at all times — baby gates are insufficient. Virginia's separate Home Kitchen Food Processing Exemption is direct-only.
Class B Cottage Food Operation, Cal. Health & Safety Code §§113758, 114365. County-administered — roughly $292 permit in LA County — plus annual cottage kitchen inspection. $150,000 statutory base cap, inflation-adjusted to roughly $172K–$180K recently. AB 1144 (2021) made Class B indirect sales statewide. One non-family full-time employee allowed. In-state only.
Structural constraint: the CFO must be registered to a natural person, not an LLC. The brand cannot hold the permit — use a licensing or branding agreement with the individual maker.
Home Processor program, NCDA&CS Food & Drug Protection Division — administrative, with no formal cottage statute. Wholesale to retail stores, distributors, and restaurants permitted. No cap, no fee, no permit. Pre-operational inspection required, 8–12 week wait. Address required on the label; a website may not be substituted. In-state only.
Disqualifier: no pets in the residence, ever — including overnight. Treated as a GMP violation under 21 CFR 117. This is the strictest pet rule in the country.
Cottage Food Business, Health-General §21-330.1, COMAR 10.15.03. $50,000 cap. Sales to retail food stores permitted, but require an ANSI-accredited food-safety course, MDH label review, and written MDH approval before retail sales begin. ID-number substitute available for the residential address, plus a business phone number. Restaurants and wholesale-as-ingredient are not permitted under cottage law. In-state only.
A separate On-Farm Home Processing License (farmers only, $40,000 cap) permits acidified foods and sales to restaurants and retail.
Residential Kitchen framework, 105 CMR 590 (retail) and 105 CMR 500 (wholesale). A Wholesale Residential Kitchen license from MA DPH permits sales to retail stores, groceries, and restaurants; the local-board-of-health Retail Residential Kitchen permit is direct-only. ServSafe Food Protection Manager certification required. Only household members may work in the operation. Pets must be kept out of the kitchen during preparation. No revenue cap. In-state only.
Cottage Food Act of 2013, D.C. Code §7-742, amended by D.C. Law 26-7 effective 10 June 2025, which added wholesale to licensed food establishments. The retail channel still explicitly excludes grocery stores and restaurants. $50 registration for two years, Certified Food Protection Manager certification plus a $35 ID card, DOB Home Occupancy Permit, and a possible pre-operational inspection. No cap since 2020. Label uses a cottage food business ID number, not the residential address.
Verbatim disclaimer per D.C. Code §7-742.02, in 10-point or larger type: "Made by a cottage food business that is not subject to the District of Columbia's food safety regulations."
Act 195 / HB 2144, HAR Title 11 Ch. 50, effective 24 August 2025. Wholesale and third-party sales of non-TCS foods now permitted; in-state shipping and online sales allowed. No cap. DOH-approved or ANAB food-safety training required, renewed every three years. Residential address required on the label. In-state only.
Cottage Food Program, A.R.S. §§36-136, 36-931/932/933. Non-TCS products may be sold through retail food establishments and third-party vendors; TCS foods are direct-only. No cap. Free online registration. ANAB-accredited food-handler course, valid three years. Residential address not required — a registration number has been permitted since a 2019 rule change. In-state only.
Verbatim: "This product was produced in a cottage kitchen that may process common food allergens [and pet allergens] and is not subject to public health inspection."
Homemade Food Freedom Act, 2 O.S. §5-4.3 (HB 1032/2021; HB 2975/2024). Non-TCS food may be sold through a "designated agent or third-party vendor, such as a retail or grocery store." $75,000 gross cap. A $15/year privacy registration (OKFFA number) lets producers omit name, phone, and address from the label, effective 1 November 2024.
Restaurants are not enumerated in the vendor list — packaged resale is defensible, but ingredient use triggers a menu advisory.
Verbatim: "This product was produced in a private residence that is exempt from government licensing and inspection."
Home-Based Food Production, S.C. Code §44-1-143 (S.506/2022; regulated by SCDA since July 2024). Sales to retail stores including grocery permitted, with the store posting signage. No cap. Restaurants may sell packaged product; using it as an ingredient requires an SCDA operational variance. Free SCDA ID-number substitute for the residential address. Vacuum packaging allowed for non-TCS low-water-activity foods. Pets barred from the operation area during production — not a whole-residence ban. In-state only.
Note a statute/label-guidance conflict on whether the disclaimer carries a "NOT FOR RESALE" prefix; SCDA's current guide drops it.
Cottage Food Production, Utah Admin. Code R70-560. Registration, pre-operational inspection, food-handler permit, and recipe approval. Cottage foods may be sold retail or wholesale within Utah. No mailing or shipping. Pets may be in the residence but not the kitchen or processing areas — baby gates permitted. Utah's separate Homemade Food Act path is direct-only.
Revenue cap: sources cite roughly $50,000, but UDAF's own page does not clearly confirm a figure — verify directly.
RSA 143-A. Two-tier homestead food operation. The unlicensed tier is direct-only. The licensed (Class H) tier unlocks restaurants, other retail food establishments, internet, mail order, and wholesalers, brokers, or distributors who will resell. No revenue cap on the licensed tier.
Fee is either $50/year or $150/year — sources conflict and this remains unresolved. Verify with the NH DHHS fee schedule before onboarding.
Cottage Food exemption, ORS 616.723 (SB 320/2015, SB 643/2024). Retail stores and coffee shops permitted; restaurants, wholesalers, distributors, and institutions are prohibited. Per the Oregon Department of Agriculture's final rule amending OAR 603-025-0320, the cap rose to $52,700 for 2026. Food handler card required for everyone involved. Address may be replaced by an ODA identification number.
Pet disclosure required on the label — must declare pets are present in the dwelling and identify the species, even if the pet never enters the kitchen. Required disclaimer states product "must be stored and displayed separately if merchandised by a retailer."
Oregon's separate Domestic Kitchen license has no cap, requires inspection, and since 2023 allows pets in the residence with label disclosure.
Home Food Processor License, $20/year, inspection required, no revenue cap. Maine DACF states it allows sale "at wholesale throughout the state of Maine and the United States." This interstate claim is real at state level but is overridden by federal FDA jurisdiction the moment product crosses state lines — treat Maine as intrastate-wholesale and obtain federal facility registration before any true interstate shipment.
Cottage Food Manufacture, R.I. Gen. Laws §21-27-6.2. Wholesale, consignment, and sales to grocery stores or restaurants are all expressly prohibited — direct-to-consumer only. Baked goods only. $50,000 cap, $65/year, food-handler training, notarised affidavit, residential address required, well testing. Effectively closed for this model. The separate Farm Home Food Manufacture law is farmer-only.
Idaho, Illinois, Michigan, Minnesota, Nevada, Vermont, Delaware, Connecticut, Kansas, New Mexico, Kentucky, Indiana, Missouri, Mississippi, South Dakota, Alabama, Nebraska.
A producer in these states must move to a licensed commercial or food-processor facility to wholesale.