Kentucky Cottage Food Law 2026: Annual Registration, the $60K Cap, and Pecan Pies Allowed

Yes, you can legally sell baked goods and other shelf-stable foods from your home kitchen in Kentucky. And the framework is surprisingly straightforward: register, label correctly, stay under the sales cap, and hand your products directly to your customers.

If you only remember three things, make them these: First, you’ll need to complete a simple $50 annual registration with the Kentucky Department for Public Health. Second, you can sell up to $60,000 per year in gross income. And third, you must sell only directly to consumers within Kentucky — no shipping, no wholesale, no restaurants. Every sale is a face-to-face transaction.

This guide walks you through every detail, from the specific foods you can sell to the exact wording required on your label.

What You Can Sell Under Kentucky Cottage Food Law

Kentucky's cottage food law, primarily outlined in KRS 217.136 and 902 KAR 45:090, allows home-based processors to sell a specific list of non-potentially hazardous, shelf-stable foods. A "cottage food product" in Kentucky refers to foods that do not require time or temperature control for safety (TCS) to prevent microbial growth.

Here’s a clear breakdown of what’s on the menu.

In plain English: You’re clear to sell shelf-stable baked goods, candies, jams, and syrups. Anything that needs the fridge, or falls into the prohibited categories above, is off-limits for a standard Home-Based Processor.

Understanding Home-Based Processor (HBP) vs. Home-Based Microprocessor (HBM)

Kentucky runs two distinct programs. This guide focuses on the Home-Based Processor (HBP) path, which is the standard cottage food law for most bakers and doesn’t require you to grow any ingredients.

The Home-Based Microprocessor (HBM) program is a separate, more involved track for Kentucky farmers who want to produce higher-risk canned foods (like acidified pickles or low-acid salsa) using ingredients they grew themselves. The HBM program requires attending a Food Processing School through the UK Cooperative Extension and getting recipe approval from a "Processing Authority." If you’re just baking cookies or making jam from store-bought fruit, you’re on the HBP path.

Commonly Misunderstood or Excluded Foods

The core prohibition is on anything that could support bacterial growth — time-temperature control for safety (TCS) foods. This is why you can’t sell meat pies, cheesecake, or most creamy fillings. The explicit prohibited list from 902 KAR 45:090 §2(3) is your boundary line.

Annual Revenue Cap and Sales Channels in Kentucky

Kentucky sets clear financial and operational boundaries for your home-based business.

Kentucky's $60,000 Annual Sales Cap

As defined by Kentucky Revised Statute (KRS) 217.015(56), your annual gross income from the sale of cottage food products cannot exceed $60,000. This cap applies equally to the Home-Based Processor and Home-Based Microprocessor tracks (KRS 217.015(57)).

You'll need to track your sales carefully to ensure you don't exceed this limit. If your business grows beyond $60K, you'll need to transition to a licensed commercial kitchen.

Permitted Sales Channels

Kentucky's cottage food law strictly limits how you can sell. You are allowed to sell your products directly to consumers within the state of Kentucky. This means:

• In-Person: From your home (by pick-up or delivery), at farmers markets, flea markets, festivals, county fairs, craft fairs, non-profit charity events, or a certified roadside stand.
• Online Orders: You can advertise and accept orders and payments online, by phone, or electronically. But the fulfillment must happen in person. The customer must pick up their order from you, or you must personally deliver it within Kentucky.

Prohibited Sales Channels & Shipping Restrictions

This is where you need to be crystal clear:

• Shipping: PROHIBITED. The Kentucky CHFS Summary of Updates explicitly states: "Home-based processors are not permitted to ship items." This applies to all shipping, whether within Kentucky or across state lines.
• Wholesale: PROHIBITED. You cannot sell to retail stores, restaurants, catering operations, or any other business for resale.
• Interstate Sales: PROHIBITED. KRS 217.136(5) limits sales to "directly to consumers within this state."

Permit, Registration, or Training Requirements in Kentucky

Kentucky requires a mandatory annual registration but keeps the other bureaucratic hurdles low.

Mandatory Annual Registration

As of January 1, 2020, all Kentucky home-based processors must register annually with the KY Department for Public Health, Food Safety Branch. Here's the process:

1. Complete Form DFS-250: This is the "Application for Home-Based Processor." You can get it from the KY Food Safety Branch or a UK Extension office.
2. Pay the Fee: Submit a $50 registration fee with your application. Make checks or money orders payable to the "Kentucky State Treasurer." Online payment is available for renewals only through the Kentucky Online Gateway.
3. Mail It In: Send the completed form and fee to the Food Safety Branch address: KY Food Safety Branch, 275 East Main Street, HS1C-F, Frankfort, KY 40621.
4. Wait for Your Certificate: Turnaround is typically two weeks. You’ll receive a physical registration certificate valid for one year.

Your registration expires March 31 of each year. Renewal notices are mailed in February; you must renew by submitting a new DFS-250 and $50 fee by the deadline.

You can reach the Food Safety Branch with questions at (502) 564-7181 or food.safety@ky.gov.

No Routine Home Kitchen Inspections

Good news here. Kentucky does not conduct routine inspections of home kitchens for registered home-based processors. Inspections are complaint-based only (902 KAR 45:090 §3(9)). However, the state has the authority to inspect annually if it chooses (KRS 217.136(7)) and will conduct food sampling if a product is misbranded or if a consumer complaint is received (KRS 217.136(8)).

No Food Handler Training Required (For HBP)

For the standard Home-Based Processor program, no food handler certification or training course is required. You are responsible for maintaining basic kitchen hygiene as outlined in the six required standards (902 KAR 45:090 §3(1)(a)-(f)), but there’s no official class to take.

(Note: The separate Home-Based Microprocessor track for farmers does require attendance at a Food Processing School.)

Kentucky Residency Requirement

To operate as a home-based processor in Kentucky, you must be a resident of Kentucky (902 KAR 45:090 §3(2)). Furthermore, the DFS-250 application specifies that products must be processed at your primary residence.

Local Regulations

Kentucky's cottage food law is a state-level framework. While most cities and counties defer to this state law, it's always wise to check your local municipality for any business license or zoning requirements that might apply.

Kentucky Cottage Food Labeling Requirements (Detailed)

Your label is your contract with the customer and the state. Kentucky requires six specific elements on every label, plus federal allergen information.

Required Label Elements

According to KRS 217.136(3), your product label must include:

1. Name and address of your home-based processing operation (KRS 217.136(3)(a)).
2. Common or usual name of the food product (e.g., "Chocolate Chip Cookies") (KRS 217.136(3)(b)).
3. Ingredients list in descending order of predominance by weight (KRS 217.136(3)(c)).
4. Net weight and volume by standard measure, or numerical count (KRS 217.136(3)(d)). This is required by statute, not just a best practice.
5. The verbatim statement: "This product is home-produced and processed" printed in 10-point type (KRS 217.136(3)(e)).
6. The date the product was processed (KRS 217.136(3)(f)).
7. Major allergen information, as required by federal law (21 U.S.C. 343(w) as cited in 902 KAR 45:090 §3(5)(b)).

That's it. You do not need to include a permit number, registration number, or any other information.

The Required Disclaimer

Your label must display this exact statement, printed in 10-point type:

"This product is home-produced and processed"

This wording is verbatim from Kentucky Revised Statute (KRS 217.136(3)(e)), which fixes both the exact text and the 10-point type size. Do not paraphrase or shrink it. Kentucky's CHFS labeling guidance adds that the statement should be printed in a "color that provides a clear contrast to the background label."

Label Elements: Required vs. Recommended Best Practices

Here’s how to distinguish what’s legally mandated from what’s just good business.

In practice: Your label needs your name and address, the product name, a full ingredients list (including allergens), the net weight, the exact disclaimer, and the date you made it. Everything else is up to you.

Common Kentucky Labeling Mistakes to Avoid

• Forgetting the production date. This is a required element many beginners miss.
• Paraphrasing the disclaimer. Using "Made in a home kitchen" is not compliant. Use the exact eight words.
• Downplaying net weight. Treat it as a required element because it is.
• Omitting allergens. Federal law requires you to declare major allergens. This isn't optional.

For a deeper dive into allergen declarations and formatting, check out our guide on Cottage Food Labeling Requirements.

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

Understanding Kentucky's cottage food regulations is the first step; turning that knowledge into a thriving home bakery business is next. Here's a straightforward path to getting your products to customers:

1. Register Your Operation. Complete the DFS-250 form and mail it with your $50 fee to the KY Food Safety Branch. This is your official start.

2. Craft Compliant Labels. Design your product labels to meet all six Kentucky-specific requirements, including the verbatim disclaimer and the production date. Use MyPorch's label generator to ensure you're fully compliant.

3. Set Up Your Sales Channel. Given Kentucky's no-shipping rule, focus on local pickup or personal delivery. Set up your schedule for farmers markets or decide on your roadside stand hours.

4. Take Your First Orders. Use a platform like MyPorch to manage pre-orders, collect payments, and organize your pickup or delivery schedule, streamlining your operations from day one.

Once you've got your registration, it's time to think about pricing and rhythm. Use these guides to set yourself up for profitability and sanity: [How to Price Your Baked Goods for a Home Bakery](/blog/how-to-price-baked-goods-home-bakery) How to Take Pre-Orders for Your Home Bakery

Frequently Asked Questions About Kentucky Cottage Food Law

Recent Law Changes Affecting Kentucky Home Bakers

Kentucky's cottage food regulations have evolved. Here's a timeline of key legislative changes that shape how you operate today:

• June 24, 2003: KRS 217.136 was created (Ky. Acts ch. 42), establishing home-based food processing as a cottage food exemption. Initially, this was farmer-only.
• July 14, 2018: HB 263 (Ky. Acts ch. 77) expanded cottage food access beyond farmers to all Kentucky residents and codified the $60,000 gross-income cap in KRS 217.015(56).
• March 26, 2019: HB 468 (Ky. Acts ch. 181) amended KRS 217.136 to add the mandatory DFS-250 registration system beginning January 1, 2020. This is the framework in effect today.
• September 9, 2019: The implementing regulation, 902 KAR 45:090, was updated to reflect the changes from HB 468.
• May 14, 2026: 902 KAR 45:090 was recertified (an administrative process with no substantive changes to the law).

No new legislation has changed Kentucky's cottage food law since 2019.

Disclaimer: Laws and regulations can change. This guide was last reviewed on June 28, 2026. Always verify current requirements directly with the KY Cabinet for Health and Family Services, Food Safety Branch before selling.