Kentucky Cottage Food Law, a Guide to Selling Homemade Food Legally in Louisville

This guide is not legal advice. Rules change, so confirm your product and sales plan with the Kentucky Food Safety Branch (502-564-7181) before you sell.

Most states call it "cottage food." Kentucky law never uses the phrase. The rules sit in KRS 217.136 and the regulation 902 KAR 45:090, and they create two programs with different rules. This guide explains both as they stand in November 2026.

The Two Programs at a Glance

The microprocessor program came first, from House Bill 391 in 2003, according to the Kentucky Department of Agriculture's Farmers' Market Manual (revised April 2026). It was written for farmers who can their own produce. The broader home-based processor program came from House Bill 468, which became law on March 27, 2019, according to the Food Safety Branch's summary of the changes. HB 468 dropped the requirement that home bakers grow a main ingredient themselves.

University of Kentucky Cooperative Extension publishes a side-by-side comparison:

Search results still surface a 2015 LEO Weekly piece headlined "Kentucky restricts low-risk cottage food sales." It predates HB 468, and its main complaint, that home cooks had to grow the main ingredient of what they sold, no longer applies to home-based processors.

Home-Based Processors: What You Can Make

The statute defines a home-based processor as someone who makes "non-potentially hazardous foods" at home and grosses no more than $60,000 a year from them. The definition, KRS 217.015(56), lists dried herbs, spices, nuts, candy, dried grains, whole fruit and vegetables, mixed greens, jams, jellies, sweet sorghum syrup, preserves, fruit butter, bread, fruit pies, cakes and cookies.

The regulation adds:

• dried or freeze-dried whole fruits and vegetables;
• candy made without added alcohol and without bare-hand contact;
• maple syrup and pecan pies;
• granola and trail or snack mix;
• popcorn, plain or seasoned.

Home-based processors cannot make acid, acidified or low-acid canned foods, under KRS 217.136(2). That rules out pickles, salsa and canned vegetables. The KDA manual adds that low-sugar, sugar-free and vegetable jams and jellies, such as hot pepper or garlic jelly, are not allowed either. Those belong in the microprocessor program.

Foods neither program allows

The regulation bans these for both programs:

• cream-filled pies;
• custard and custard pies;
• pies with meringue topping;
• cheesecake;
• cream, custard or meringue pastries;
• raw seed sprouts;
• garlic-in-oil products;
• pureed baby foods.

It also bans vacuum packaging in anything other than a mason-type jar.

The KDA manual's prohibited list goes further. It adds:

• foods containing meat or poultry;
• foods that need refrigeration;
• kimchi and kombucha;
• extracts;
• processed juices other than tomato;
• vinegar-based or fermented hot sauce.

Dairy is outside both programs. The manual says cheese, beer cheese, pimento cheese and ice cream sold at a farmers market must be made under a commercial permit, and that the Food Safety Branch has the final say on any product.

The practical line is refrigeration. The state's application form says every home-based product must be "non-potentially hazardous and shelf-stable." Cheesecake, cream pies and anything with meat do not qualify. Shelf-stable baked goods and high-acid fruit jams do.

New in 2026: lard and tallow cosmetics

Senate Bill 73, an animal agriculture bill, became law without the governor's signature on April 8, 2026, as Acts Chapter 52. It added "pork lard or tallow-based cosmetic products" to the home-based processor definition. The amended KRS 217.136, effective July 15, 2026, now applies its labeling and direct-sale rules to "food or cosmetic products," so tallow balms and lard soaps fall under the same limits.

As of November 2026, the regulation had not been rewritten to mention cosmetics, and the Food Safety Branch's home-based processing page did not mention the change. Call the branch before registering tallow products. A separate bill, House Bill 678, would have added roasted coffee beans. It was sent to the House Agriculture Committee in February 2026 and went no further.

How to Register as a Home-Based Processor

1. Fill out form DFS-250. It asks for your contact details, the primary residence where you will produce, and a list of your products. County Extension offices also carry it.
2. List only foods named in the regulation. The form's instructions say applications listing other foods will be rejected.
3. Mail it to the Food Safety Branch in Frankfort with the $50 fee, by check or money order payable to the Kentucky State Treasurer.

The form says processing typically takes about two weeks. The registration year runs April 1 to March 31, fees are not prorated, and renewal notices go out in February. Renewals can be paid online through the Kentucky Online Gateway. To add products later, call or email the branch.

You must be a Kentucky resident. No training is required, and the regulation says inspections happen "upon complaint." The statute also lets the state inspect annually, sample products that appear misbranded or adulterated, and halt production over an imminent health hazard.

While you are producing, the regulation requires you to:

• keep children under 12 and pets out of the kitchen;
• stop family cooking, dishwashing and laundry in the kitchen;
• sanitize food-contact surfaces before each use;
• wash your hands regularly;
• not work while you have a contagious illness.

It also sets jar-sterilization and canner rules for jam makers.

Labeling Requirements

KRS 217.136(3) requires every label to show:

• the operation's name and address;
• the product's common name;
• ingredients in descending order by weight;
• the net quantity, by weight, volume or count;
• the statement "This product is home-produced and processed" in 10-point type;
• the date the product was processed.

The regulation adds federal allergen labeling. The Food Safety Branch's labeling guide lists the allergens: milk, eggs, wheat, soy, peanuts, tree nuts, sesame, fish and shellfish. It also says:

• the address must include street, city, state and ZIP code;
• tree nuts must be named specifically ("almonds," not "nuts");
• a Nutrition Facts panel is needed only if you make a nutrient content claim (words like "low," "reduced" or "good source") or a health claim.

An improperly labeled product is legally misbranded.

Where and How You Can Sell

The statute says home-processed products "may only be offered for sale directly to consumers within this state." You can sell from your home by pick-up or delivery, or at a market, roadside stand, community event, or online. The regulation's list includes flea markets, farmers markets, festivals, county fairs, craft fairs and nonprofit charity events.

• Online orders, in-person handoff. You can take orders and payments online or by phone. The KDA manual says delivery must be in person by the processor and "no home-based processor items may be shipped to customers."
• No wholesale. You cannot sell to restaurants, grocery stores, convenience stores or other retail shops, according to the manual.
• Kentucky only. Southern Indiana customers, a bridge away, are off limits.
• No extra market permit. The manual says commercially made products at farmers markets need a local mobile retail sales permit, but home-based products do not.
• Samples need a certificate. Offering bite-sized samples of processed products at a farmers market requires a KDA sampling certificate.

The $60,000 cap

Both programs end at $60,000 in gross annual income from product sales. The cap is part of the statutory definitions, so earning more takes you out of the program. Kentucky's commercial manufacturing starter guide puts it plainly for maple and sorghum producers. Anyone over $60,000, or anyone who wants to sell to retailers, wholesale, by mail or across state lines, should be permitted as a food manufacturer.

Home-Based Microprocessors: The Farmer's Route to Canning

To sell pickles, salsa, barbecue sauce, canned tomatoes or pepper jelly from a home kitchen, you must be a farmer in the microprocessor program. Under the regulation, each product's primary ingredient must be grown, harvested and processed by you. The KDA manual adds that meat, poultry, dairy and eggs don't count as primary ingredients. Oil, vinegar, sugar and seasonings can be bought.

UK Extension's microprocessing page and step-by-step instructions lay out the process:

1. Attend an all-day workshop. It costs $50, runs in spring and fall, and requires passing two tests. UK says registration for 2027 workshops opens in late fall 2026.
2. Submit every recipe to UK for approval at $5 each. Any recipe change needs a new approval.
3. Mail the certification application to the Food Safety Branch with:
   • your workshop certificate;
   • your approved recipes;
   • draft labels;
   • proof of an approved water source (a water bill on city water);
   • the $50 fee.
4. Renew training every three years. UK says renewal costs $10 and takes under two hours.

The regulation requires low-acid foods to be pressure-canned in a canner of at least 16 quarts made in 2000 or later, with its gauge checked yearly. The state inspects microprocessors at least once every four years.

Sales are narrower than for home-based processors. You can sell only at KDA-registered farmers markets, Kentucky Farm Bureau certified roadside stands, or your own farm. You cannot sell at festivals, online, to retail food establishments or across state lines. You may rent a permitted commercial kitchen under a signed agreement, but the same three sales locations still apply.

What Louisville Adds

The home programs are run by the state, so you register in Frankfort, not with the Louisville Metro Department of Public Health and Wellness. In an April 2025 bulletin, the department's food safety supervisor said baked goods and herbs and spices can be sold without a permit, though sellers should still file a home-based processor application. Prepared foods such as gumbo, meats, tamales and casseroles need a permit and must be made in a commercial kitchen. The department's food safety program is at 502-574-6650.

That line trips up many Louisville home cooks. Plate lunches, tamales and meal-prep bowls are not covered by the home rules at any size. Chef Space's requirements page notes that Louisville Metro amended Chapter 118 of its code to require a Local Food Permit for food service establishments.

Business registration and the Metro occupational license tax apply to home kitchens too. Startup Louisville covers them in its Louisville business license and permits guide and its guide to starting a business in Kentucky.

When You Outgrow the Home Kitchen

You'll need to leave the home programs if:

• sales pass $60,000;
• you want a store or restaurant to carry your product;
• you want to ship or sell outside Kentucky;
• your product needs refrigeration or isn't on the allowed list.

There are three ways up.

Rent a commercial kitchen

Chef Space, run by the nonprofit Community Ventures, calls itself Louisville's only kitchen incubator. It sits at 1812 West Muhammad Ali Boulevard in Russell and has been open since November 2015. Its site, active in 2026, offers hourly and monthly kitchen access booked through The Food Corridor, plus storage and training. Before booking, members need:

• a registered business and an EIN;
• a food safety manager certification;
• $1 million in general liability insurance naming Chef Space as additional insured.

Elixir Kombucha started brewing there in 2016 and moved to its own space on West Main Street in 2023 with a Community Ventures loan. Kombucha is barred from both home programs, so a commercial kitchen is where such brands must start.

UK Extension keeps a statewide list of rentable commercial kitchens, revised November 2025, with Chef Space as the Jefferson County entry. The state starter guide notes that an after-hours restaurant kitchen or a church kitchen with commercial fixtures can also work, with a written agreement on file with the Food Safety Branch.

Hire a co-packer

A co-packer makes your recipe in its permitted plant under your label. The state starter guide says you then don't need a manufacturing permit yourself, though you might need a warehousing permit. See our guide to Louisville co-packers and contract manufacturers.

Get your own permit

To wholesale, ship or sell across state lines from your own space, you need a Food Safety Branch permit. The starter guide, updated December 2025, sets out the main points:

• Fees. Annual fees depend on square footage and risk: $125 to $135 up to 1,000 square feet, and $170 to $190 for 1,001 to 5,000.
• Who issues it. Mostly-wholesale operations are permitted by the state. Retail operations are permitted by the local health department and may wholesale up to 25% of sales for some low-risk products.
• Kitchen. Commercial production can't happen in a residential kitchen. A separate, fully walled-off kitchen in a home is allowed with approved plans.
• Opening. You submit a label for review and demonstrate your process at an opening inspection.
• Canned and pickled foods. Acidified and low-acid foods also need Better Process Control School, process-authority review of each recipe, and FDA process filing.

UK's Food Systems Innovation Center offers process review, nutrition labeling, lab testing and Better Process Control School. Our guide to manufacturing a product in Louisville covers the rest of the path.

One niche exemption: under 2025's House Bill 391, the starter guide says, beekeepers selling under 500 gallons a year of their own Kentucky honey need no permit or certified honey house, though labeling rules still apply.

Browse the food and beverage makers in our directory to see who made the jump from small batches to real plants.

Frequently Asked Questions

Does Kentucky have a cottage food law?

Yes, though Kentucky law does not use the term cottage food. The rules are in KRS 217.136 and the regulation 902 KAR 45:090. They create two programs: home-based processors, any Kentucky resident making lower-risk foods like bread, cakes, cookies, fruit pies, candy and fruit jams, and home-based microprocessors, farmers who can acidified and low-acid foods made from crops they grow.

How much does it cost to sell baked goods from home in Kentucky?

A home-based processor registration costs 50 dollars a year, filed with the state Food Safety Branch on form DFS-250. Registrations expire each March 31. No training, inspection or kitchen permit is needed to start. Home-based microprocessors pay more: a 50 dollar UK Extension workshop, 5 dollars per recipe for approval, and a 50 dollar annual state certification.

Can I sell homemade food online or ship it in Kentucky?

You can advertise and take orders and payments online, but a home-based processor must hand the product over in person, by pick-up or delivery, and only to consumers in Kentucky. State guidance says home-based processor products may not be shipped. Microprocessors cannot sell online at all. Shipping or selling across state lines requires a commercial food manufacturing permit.

Is there a sales limit for home-based food businesses in Kentucky?

Yes. Both home-based processors and home-based microprocessors are limited to 60,000 dollars in gross income a year from sales of their products. Producers above that level are expected to get a commercial food manufacturing permit from the Kentucky Food Safety Branch.

What foods are not allowed under Kentucky's home-based processor rules?

Kentucky bars cream-filled pies, custard and custard pies, meringue pies, cheesecake, cream and custard pastries, raw seed sprouts, garlic-in-oil products and pureed baby food. State farmers market guidance also excludes foods that need refrigeration, foods containing meat or poultry, dairy products, kombucha, kimchi and fermented or vinegar-based hot sauces. Home-based processors also cannot make pickles, salsa, canned vegetables or low-sugar and pepper jellies, which fall under the farmer-only microprocessor program.