Kansas Cottage Food Law 2026: No License, No Sales Cap, Simplified Selling

# Kansas Cottage Food Law 2026: No License, No Sales Cap, Simplified Selling

Yes, you can sell homemade baked goods and other shelf-stable foods from your home kitchen in Kansas — and the rules are refreshingly simple.

Here's the thing that makes Kansas unusual: the state doesn't officially use the term "cottage food." As K-State Research and Extension explains in their 2026 guide, your home food sales "are included in the Kansas Food Law, even though the terms are not officially used." Instead of a dedicated cottage food statute, Kansas handles home food sales through a licensing exemption buried inside the Kansas Food, Drug & Cosmetic Act at K.S.A. 65-689(d)(4).

If you only remember three things, make them these: no license, no sales cap, and no required disclaimer on your labels. Kansas is one of the most permissive states for home food producers in the entire country, and this guide walks you through everything you need to know to start selling with confidence.

What You Can Sell Under Kansas Cottage Food Rules

Kansas organizes its food safety framework around a simple concept: non-TCS foods — meaning foods that do not require Time and Temperature Control for Safety. If your product is shelf-stable and doesn't need refrigeration to be safe, you're generally in the clear to sell it directly to consumers without any license.

K.S.A. 65-689(d)(4) exempts "A person who produces food for distribution directly to the end consumer, if such food does not require time and temperature control for safety or specialized processing, as determined by the secretary."

Here's a practical breakdown of what that means for your kitchen:

Here's what that table means in practice: if you're baking cookies, mixing granola, rolling fudge, or bottling honey, Kansas wants you to succeed with minimal paperwork. If you're venturing into anything that needs a fridge, a canner, or a fermentation crock, you'll likely need a KDA Food Establishment license or a Food Processing license depending on your sales model.

One important distinction from K-State Extension's guide: some perishable foods can be sold without a license at events, up to six times per year, as long as you follow the sanitation requirements in K.A.R. 4-28-33. This is a narrow exception, not a blanket permission for TCS foods.

Annual Revenue Cap and Sales Channels

There is no annual sales cap. Kansas imposes no revenue limit whatsoever on direct-to-consumer sales of non-TCS foods. The cottage food exemption at K.S.A. 65-689(d)(4) is unconditional on revenue. Forrager confirms: "Sales are limited to unlimited." K-State Extension's MF3138 guide lists no revenue threshold either.

This is a big deal. Unlike states that cap you at $25,000, $50,000, or $75,000, Kansas lets you scale your home food business as large as your kitchen and your ambition can handle — with no state-imposed ceiling.

Where You Can Sell

Kansas allows a wide range of direct-to-consumer sales channels:

• In person: farmers markets, roadside stands, festivals, bazaars, craft shows, community events, and similar gatherings where you sell your own products
• From your home: direct pickup by customers
• Online with delivery/shipping within Kansas: K-State Extension confirms that "the listed licensing exemptions would also apply to exempt foods sold online and shipped to the customer's home or delivered by the producer directly to the end consumer"
• Interstate sales: Kansas's exemption is conditioned on direct distribution to the end consumer — it doesn't restrict the consumer's state of residence. Forrager notes: "Almost all types of nonperishable foods can be sold anywhere directly, including sales in other states." However, you must comply with the destination state's food laws and any applicable federal requirements.

Where You Cannot Sell

Wholesale or business-to-business sales are not covered by the cottage food exemption. This means you cannot sell your products to:

• Grocery stores or convenience stores
• Restaurants
• Craft malls where you leave your product with a different business owner
• Any consignment arrangement where physical control of the product is relinquished

K-State Extension is clear: "Any food sales (other than fresh, whole fruits, vegetables, cultivated mushrooms, and herbs) to another business entity for use, resale, or further distribution requires food safety licensing (generally a KDA food processing license)."

If wholesale is in your future, you'll need to apply for a KDA Food Processing license through the Kansas Department of Agriculture website at agriculture.ks.gov/foodlicense.

Permit, Registration, and Training Requirements

Kansas does not require a license, permit, registration, certification, or routine inspection for direct-to-consumer sales of non-TCS foods. Period.

The exemption at K.S.A. 65-689(d)(4) removes you entirely from the food establishment license requirement. K-State Extension's 2026 guide confirms: "A KDA Food Establishment license only allows for direct-to-consumer sales" — meaning even if you wanted one, you wouldn't need it for exempt products.

No food handler training is required by the state for cottage food operations. There's no mandatory certification course, no ServSafe requirement, no state-mandated food safety class.

But What About Inspections?

Your home kitchen won't be subject to routine inspections. However, K.S.A. 65-689(e) preserves the state's authority: "The exemption provided to those entities provided in subsection (d) shall not be exempt from inspection or regulation when a violation is observed or reported to the secretary."

In plain language: if someone reports a food safety concern about your products, the Kansas Department of Agriculture can investigate. You're not pre-inspected, but you're not immune to oversight either.

Local Rules

The state exemption doesn't automatically override local zoning or business registration requirements. While these are rare for home-based food sales in Kansas, it's worth a quick check with your city or county clerk's office to confirm there are no additional local requirements.

Business Entity Filing

If you want to form an LLC or corporation, you can file with the Kansas Secretary of State at sos.ks.gov/businesses/register-a-business.html (785-296-4564). But here's a nice detail: sole proprietorships do NOT need to file with the SOS, and general partnerships may file if desired but aren't required to.

Sales Tax Registration

Every vendor must obtain a Retail Sales Tax certificate from the Kansas Department of Revenue (ksrevenue.org, 785-368-8222). This is separate from any food-specific licensing and applies to all retail sellers in the state.

Labeling Requirements for Kansas Cottage Foods

Kansas takes a refreshingly minimalist approach to cottage food labeling. Your labels must include four specific elements — and that's it. No disclaimer statement. No permit number. No special font size. No home-kitchen disclosure.

Per K-State Extension MF3138 Chapter 4, your label must show:

1. Common name of the product (e.g., "apple pie," "chocolate chip cookies")
2. Name and physical address of the person that made or is selling the product — this must be a physical street address; a P.O. box is NOT accepted
3. Product ingredients listed in descending order by weight, with the nine common food allergens named in plain language (e.g., "casein (milk)") per FDA guidance
4. Quantity — net weight, volume, or count, depending on the product

REQUIRED vs. RECOMMENDED Label Elements

Kansas is a no-disclaimer state. Unlike states that mandate a specific "This product is home-produced" or "Made in a cottage food operation" statement, Kansas law requires no such disclosure. The previous reference to a required "This product is home-produced" disclaimer was incorrectly attributed to a statute (K.S.A. 65-771) that does not exist as a cottage food provision. The actual cottage food statute is K.S.A. 65-689(d)(4), and it contains no labeling provisions whatsoever. Labeling requirements live in K-State Extension's practical guidance, not in the statute itself.

Here's what that means for you: you can focus your label on what your customers actually need to know — what's in the product, who made it, and how much they're getting — without worrying about mandatory government disclosure language.

Allergen Labeling

Kansas follows FDA guidance for the nine major food allergens: milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soybeans, and sesame. These must be named in plain language on your ingredient list. For example, write "casein (milk)" rather than just "casein." K-State Extension's 2026 update specifically clarified this requirement.

Organic Labeling

If you want to label a product as "organic," it must meet USDA organic certification requirements, and proof of certification must be on file with the relevant state office.

Now That You Know the Rules — Here's How to Start Selling in Kansas

Kansas makes it about as easy as it gets to start a home food business. Here's your practical checklist:

1. Confirm your products are non-TCS. If they're shelf-stable and don't need temperature control for safety, you're in the exempt category under K.S.A. 65-689(d)(4).
2. Check local rules. A quick call to your city or county clerk will confirm whether there are any zoning or business registration requirements beyond state law. These are rare but worth verifying.
3. Register for sales tax. Even though Kansas eliminated the state sales tax on food effective January 1, 2025, local city and county sales taxes may still apply. Contact the Kansas Department of Revenue to get your Retail Sales Tax certificate.
4. Create compliant labels. Make sure every product displays the four required elements: product name, your name and physical address, ingredient list with allergens in plain language, and net weight. MyPorch can help you organize your product details and label data — we're actively reviewing Kansas-specific printable label support.
5. Set up your selling channels. Whether you're planning farmers market tables, home pickup, or an online storefront, Kansas lets you choose the model that works for your life. MyPorch helps you organize orders, menus, pickup windows, and customer communication.

For the operating side, start with our guides to cottage food labeling requirements, taking pre-orders for your home bakery, and pricing baked goods for real profit.

Frequently Asked Questions

Recent Law Changes (Changelog)

Here's what's changed — and what hasn't — in Kansas cottage food law recently.

January 1, 2025 — State Food Sales Tax Eliminated

This is the biggest recent change affecting Kansas home food sellers, though it's a tax change rather than a cottage food regulation change. Effective January 1, 2025, the Kansas state sales tax on food and food ingredients was reduced to 0%. This was the final phase of a three-year gradual reduction signed into law in 2022.

What this means for you: you no longer owe state-level sales tax on food sales. However, local city and county sales taxes on groceries may still apply depending on your location. You'll still need a Retail Sales Tax certificate from the Kansas Department of Revenue, and you should still track your sales for local tax purposes. (Source: Kansas Department of Revenue Notice 24-21; Governor Kelly's announcement of full food sales tax elimination.)

January 2026 — K-State Extension MF3138 Updated

K-State Research and Extension revised their flagship guide "Foods Sold Directly to Consumers in Kansas" (MF3138) in January 2026 — the guide you'll lean on most as a Kansas home baker. Key updates include:

• Chapter 2 (Introduction): Added explanation about cottage food laws and clarified that the terms "cottage food" and "home-based business" are not officially used in Kansas. Also clarified that enforcement at farmers markets involves KDA inspectors visiting to inspect licensed vendors or investigate complaints. Updated the definition of resale to include craft malls where you leave your product with a different business owner.
• Chapter 4 (Labeling): Clarified that the nine common food allergens must be named in plain language. Added information on food labeling and label claims.
• Chapter 17 (Baked Goods): Added chocolate candies to the list of foods not requiring a license or water activity testing.

No Core Cottage Food Law Changes in 2024–2025

No new Kansas bills were passed or signed specifically changing the cottage food exemption, home food processing rules, or licensing requirements in 2024 or 2025. Kansas continues to operate under its existing framework — the licensing exemption at K.S.A. 65-689(d)(4) and the sanitation requirements at K.A.R. 4-28-33.

Last reviewed: June 29, 2026. Next review due by December 29, 2026.