Missouri Cottage Food Laws

Yes, you can sell homemade foods in Missouri under the state Food Code's "individual stands" exemption — and the list of what's allowed is broader than most people expect. Missouri's broadest home-selling route is unusual: instead of a dedicated cottage food statute, it lives inside the definition of what a food establishment "is not" under the Missouri Food Code §3.H — the "individual stands" exemption. That quirk matters because it comes with one significant condition: the exemption applies only where local codes allow. (Missouri also has a separate, narrower statutory route — the RSMo 196.298 cottage food operation — which we cover near the end.)

If you only remember three things, make them these: there's no statewide sales cap and no state permit required; the exemption lets you sell a wide range of shelf-stable, non-potentially hazardous foods directly to consumers; and your city or county gets the final word on whether the exemption is available to you at all.

Laws change — always verify current requirements against the official sources linked at the bottom of this page before your first sale.

What You Can Sell Under Missouri's Cottage Food Exemption

Under Missouri's Food Code §3.H, you can sell "non-potentially hazardous (NTCS) processed food, except low acid canned and acidified foods as specified in 21 CFR 113 and 114 respectively" from an individual stand. The statute gives an illustrative — not exhaustive — list of what you can make.

Non-potentially hazardous (NTCS) means the food doesn't need time or temperature control to stay safe — in practical terms, shelf-stable items that don't need refrigeration after you make them. The Missouri Department of Health and Senior Services (DHSS) holds the final authority to decide whether a specific product you want to sell qualifies as non-potentially hazardous.

In Missouri, cottage food sellers may offer shelf-stable baked goods, jams, jellies, honey, sorghum, cracked nuts, spices, and dry mixes — but not low-acid canned foods, acidified foods, or anything requiring refrigeration to be safe.

Who Can Sell

Missouri Food Code §3.H(ii) specifies that "the seller is the individual actually producing the food or an immediate family member residing in the producer's household with extensive knowledge about the food." You can't hire employees or have business partners outside your household sell at your stand.

Annual Revenue Cap and Sales Channels

Missouri's Food Code §3.H cottage food exemption imposes no annual sales cap. There is no dollar ceiling on how much you can earn under this exemption — you can scale your individual stand as far as your production capacity allows.

Direct to Consumer Only

Missouri Food Code §3.H(iii) is clear: "the seller only sells, samples or serves the food directly to the end consumer." That means every transaction must be with the person who will actually eat the food — no selling to grocery stores, restaurants, bakeries, or any intermediary for resale. Wholesale and retail channel sales are not covered by this exemption.

The rule applies equally to sampling and serving. If you offer free samples at your stand, those too must go directly to end consumers, not to buyers who plan to resell.

Where You Can Sell — The Local-Codes Caveat

Missouri's cottage food exemption opens with: "Where local codes allow, individual stands in which only foods meeting the following conditions are sold, sampled or served." That phrase is doing significant legal work. Your city or county must not have local ordinances that prohibit or add requirements to this type of stand. Before setting up — whether at a farmers market, a roadside stand, or your own driveway — check with your local health department to confirm the §3.H exemption applies in your jurisdiction.

Some cities and counties impose their own registration requirements or food handler card requirements on top of (or instead of) the state framework. There's no statewide list of which jurisdictions allow it without restriction — you'll need to ask locally.

Online Sales and Shipping

Missouri's Food Code §3.H does not address online sales or delivery. The exemption is written around "individual stands" — a framework built for in-person transactions. Whether online orders placed by end consumers and fulfilled through delivery satisfy the direct-to-consumer requirement under §3.H is not addressed by the Food Code. If you want to sell online and ship within Missouri, verify with your local health authority and Missouri DHSS before building that sales channel.

In summary, Missouri's §3.H cottage food exemption sets no annual sales cap, requires all sales to go directly to end consumers at your stand, and depends on local codes permitting individual stands in your area.

Permit, Registration, and Training Requirements

Missouri's Food Code §3.H cottage food exemption requires no state permit, license, or registration from Missouri DHSS. Your home kitchen does not need to be inspected by the state. There is no application form to submit, no fee to pay the state, and no waiting period before you start selling — at the state level.

No Statewide Food Handler Certification

Missouri DHSS confirms in its Food Safety FAQ: "There currently is no statewide food handler certification." You don't need to complete a food safety course or obtain a food handler card to operate under §3.H at the state level. However, the same FAQ notes that "some of the local health agencies (city or county) do require food handler certification; therefore, requirements for specific areas will need to be checked on by contacting the agency conducting inspections of the food establishment." Your county or city may require a food handler card even where the state does not.

The Missouri Restaurant Association (314-576-2777) can provide assistance with obtaining certification classes if your local jurisdiction requires one.

Local Requirements

Because §3.H applies only "where local codes allow," your local government may impose requirements before you can operate: registration, a local business license, a food handler certification, or limits on where and when you can sell. There is no state database of local cottage food rules — contact your city hall or county health department directly.

Labeling Requirements

Every Missouri cottage food product you sell has a specific labeling requirement depending on how it's packaged — and §3.H draws a clear line between packaged and unpackaged food.

Packaged Foods — Label Required

If you sell packaged foods, Missouri Food Code §3.H(iv) requires every package you sell to "bear a label stating" the following:

1. Name and address of the manufacturer/processor preparing the food
2. Common name of the food
3. Name of all the ingredients in the food in order of predominance (descending by weight)
4. Net weight of the food in English or metric units
5. A statement that the product is prepared in a kitchen that is not subject to inspection by the department

All five elements are required on your label. No permit or registration number is required.

The Disclaimer — A Standard, Not Exact Words

Missouri §3.H(iv) requires "a statement that the product is prepared in a kitchen that is not subject to inspection by the department." The statute specifies the concept — not exact wording. No verbatim phrase is mandated.

Your label must communicate that your kitchen isn't subject to departmental inspection. The specific words are yours to choose, as long as the message is clear. MyPorch's generated Missouri labels print the compliant rendering: "This product is prepared in a kitchen that is not subject to inspection by the Missouri Department of Health and Senior Services." — which satisfies §3.H(iv), though the exact words are not mandated by law.

Unpackaged Foods — Placard Required

If you're selling, sampling, or serving food in unpackaged, individual portions — passing out cookie samples, selling a single slice, or serving an individual portion — Missouri §3.H(v) has a different requirement: a clearly visible placard at the sales or service location stating that the food is prepared in a kitchen that is not subject to inspection by the department.

The placard requirement substitutes for a per-package label when the food isn't packaged. If you sell the same product both packaged and unpackaged (for samples), you need the label on packaged units and the placard visible at your stand.

Honey Sellers: One Additional Recommendation

§3.H(iv) includes a specific note for honey: "It is recommended that honey manufacturers/processors include this additional statement to their product label: 'Honey is not recommended for infants less than twelve (12) months of age.'" This is a recommendation, not a legal requirement — but it's the state's own guidance, and adding it is a simple step that protects your youngest customers.

Label Elements: Required vs. Recommended

Missouri's §3.H(iv) requires five label elements on packaged foods: producer name and address, the common food name, all ingredients in descending order by weight, net weight, and a statement that the product was prepared in a kitchen not subject to inspection by Missouri DHSS.

For full allergen labeling guidance and label format templates, see our cottage food labeling guide.

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

Missouri's §3.H exemption is genuinely low-friction at the state level: no permit application, no fee, no training course, no waiting. The practical tasks before your first sale are local verification, label compliance, and a clear sales setup. Here's the sequence:

1. Confirm local codes allow it. Contact your city hall or county health department and ask whether Missouri Food Code §3.H individual stands are permitted in your jurisdiction — and whether any local registration, business license, or food handler card is required. Don't skip this step; the exemption isn't automatic everywhere.
2. Confirm your products qualify. Check each item against the NTCS standard: shelf-stable, no refrigeration needed for safety, not a low-acid canned food, not an acidified food. If anything is borderline, contact Missouri DHSS at 573-751-6095 before selling.
3. Build your labels. For packaged products, you need your name and address, product name, ingredient list in descending order, net weight, and the kitchen-not-inspected statement — all five, on every package. For unpackaged individual portions, have a placard at the point of sale.
4. Set up your sales channel. Your stand must sell direct to end consumers only. That means farmers markets, roadside stands, porch pickup, or other in-person direct channels. If you want to explore online ordering and local delivery, verify that approach with your local health authority first.
5. Create your storefront and take pre-orders. A repeatable system for orders, pickups, and payments saves significant coordination time as your business grows. See our guide on how to take pre-orders for your home bakery.
6. Price your products right. Since Missouri sets no cap on what you can earn, your pricing and production capacity are the only ceilings. See our guide on how to price your baked goods.

Frequently Asked Questions

Missouri's Other Route: The RSMo 196.298 Cottage Food Operation

The individual-stands exemption above isn't your only home-food pathway in Missouri. The state also has a separate statutory route — the cottage food production operation under RSMo 196.298. According to the Missouri House summary of HB 3108, a cottage food production operation "may sell baked goods, canned jam or jelly, dried herbs, and dried herb mixes from its home without being subject to State health and food laws if it meets certain labeling requirements."

That's a much shorter food list than the §3.H individual-stands exemption this guide focuses on — but it's a statewide statutory exemption rather than one conditioned on local codes. So the practical trade-off for you is this: if your products fit that narrow list (baked goods, canned jam or jelly, dried herbs and herb mixes), RSMo 196.298 may be the simpler, local-codes-proof route; if you want the broader range of shelf-stable foods, §3.H is your path — but only where your city or county allows individual stands. Because this guide is grounded in the §3.H Food Code rule, treat the 196.298 details here as a pointer: read RSMo 196.298 and confirm its specifics with DHSS before you rely on it.

Recent Law Changes

2026 — HB 3108 (Pending, not yet law): Missouri House Bill 3108 (sponsor: Sassmann) would expand Missouri's statutory cottage food operation. Per the House bill summary, current law lets a cottage food production operation "sell baked goods, canned jam or jelly, dried herbs, and dried herb mixes from its home without being subject to State health and food laws if it meets certain labeling requirements" — the RSMo 196.298 pathway described above. HB 3108 would broaden that to a defined category of "homemade food products" (non-potentially hazardous foods), permit sales through third-party vendors including retail shops and grocery stores, and allow eggs, dairy products, and limited meat sales at specified locations, with disclosure to the end consumer and posted signs indicating the food is uninspected. A public hearing was scheduled for April 16, 2026, but was not held. HB 3108 has not passed as of June 2026 and does not change current law — so for now, nothing you do under the §3.H exemption needs to change. Watch future sessions for movement on this bill.

2013 — Missouri Food Code §3.H (Effective framework): The individual stands exemption in Missouri's Food Code — the framework this guide covers — has been in effect as the operative Food Code provision governing individual food stands. It sets no sales cap, requires no state permit, and conditions the exemption on local codes allowing individual stands.

Guide last reviewed: June 25, 2026. Next review due: December 25, 2026.