Massachusetts has no single statewide cottage food law. Home food businesses operate as residential kitchens, and who regulates you depends on how you sell:
- Retail residential kitchen (often called a "cottage food operation"): sells directly to consumers. Permitted and inspected by your local board of health under the state Retail Food Code (105 CMR 590).
- Wholesale residential kitchen: sells to stores, restaurants, or distributors. Licensed and inspected by the Department of Public Health (DPH) Food Protection Program under 105 CMR 500.
With 351 cities and towns, fees, forms, and timelines vary by municipality. The state sets the minimum standards.
Where retail residential kitchens can sell
DPH's guidance says selling directly to consumers includes farmers' markets, craft fairs, the internet, and mail order. There's no state sales cap. Your board of health may add conditions, and some cities, Boston for example, also require zoning approval for a home food business.
What you can make
Residential kitchens are limited to non-TCS foods, such as most breads, cookies, cakes and pies without perishable fillings, candy, fudge, and fruit jams and jellies.
Not allowed:
- Cream-filled pastries, cheesecake, and custard
- Cut fruit and vegetables
- Tomato sauce and BBQ sauce
- Pickled products, relishes, and dressings
Prohibited processes:
- Acidification
- Hot filling
- Thermal processing, except jams and jellies
- Vacuum packaging
- Curing and smoking
Your board of health or DPH may ask for lab testing to confirm that a borderline product is non-TCS.
Kitchen rules
The state's standards for permitted residential kitchens include:
- Pets kept out of the kitchen during preparation
- No infants or small children in the kitchen during production
- No other domestic activities, like laundry or family cooking, while you prepare food for sale
- Annual water testing if you're on a private well
- Ingredients and finished products stored separately from household food
Expect an inspection from your board of health before the permit is issued.
The Massachusetts label
Packaged products sold by a residential kitchen must carry:
- Name and address of the business
- Product name
- Ingredients in descending order of predominance
- Net weight or volume
- Allergen declaration under federal rules
- Nutrition labeling if you make any nutrient or health claim
Unlike most states, Massachusetts's state guidance doesn't prescribe a "made in a home kitchen" sentence. Some boards of health ask for one, so ask yours.
Bake sales: charity bake sales generally don't need a permit, only a placard telling buyers the food was prepared in a home kitchen that isn't inspected.
Nutrition Facts
Massachusetts writes the claim trigger into its residential kitchen guidance. Make a claim, add a panel. If you're scaling to a wholesale license, stores often ask for one regardless. The standard vertical format is the one most retailers expect.
Official source
Massachusetts DPH — Residential Kitchen Q&A and Retail Food Code Standards for Permitted Residential Kitchens. Start with your local board of health.
Label formats for Massachusetts
Massachusetts cottage food questions
Who issues a cottage food permit in Massachusetts?
Your local board of health issues retail residential kitchen permits. DPH licenses wholesale residential kitchens.
Can I sell homemade cookies online in Massachusetts?
Yes, with a retail residential kitchen permit. DPH counts internet and mail order as direct sales to consumers.
Can I have a dog?
Pets must be kept out of the kitchen during preparation. Your board of health may set stricter conditions.
Is there a required disclaimer on Massachusetts labels?
We didn't find one in state guidance. Check with your local board of health.