New Hampshire Cottage Food Law 2026: Exempt vs. Licensed & No Sales Cap

Yes, You Can Sell Homemade Food in New Hampshire — And There's No Cap

New Hampshire calls them "homestead food operations," not cottage food — but if you've been Googling "cottage food law NH," you're in the right place. The Granite State has one of the friendliest setups in the country, and the headline is this: there is no sales cap on either tier. Not $20,000. Not $50,000. None. If you've seen a revenue limit floating around online, it was never real.

The system is two-tiered, and understanding that split is the whole game:

• Exempt (unlicensed) tier: Sell directly from your home, your own farm stand, farmers' markets, or retail food stores — no state license, no fee, no routine inspection.
• Class H Licensed tier: Want to sell online, ship products, supply restaurants, or go wholesale? You'll need a Class H Homestead Food License from DHHS at $150/year.

If you only remember three things, make them these:

1. No sales cap. Period. Not for exempt, not for licensed. Grow as big as your kitchen will take you.
2. Labels matter. Every product needs a specific disclaimer — the exact words, in readable print — plus your contact info, ingredients, allergens, and a batch code for recalls.
3. Acidified foods joined the party in 2024. Pickles, salsas, and relishes are now fair game for exempt operations, as long as you use tested recipes or get a process review.

Let's walk through exactly what you can sell, where, and how to stay on the right side of RSA 143-A.

What You Can Sell

New Hampshire allows a wide range of non-potentially hazardous foods to be sold as homestead food products. The key test: your product must not require time and temperature control for safety (TCS) — meaning it sits on a shelf without needing refrigeration to prevent harmful bacterial growth.

The administrative rule He-P 2310.01 formally lists specific food categories, and the DHHS and UNH Extension interpret the rules practically in a somewhat broader way. Here's the combined rundown:

Here's what that means for you: if your recipe is shelf-stable and doesn't need the fridge, you're likely in the clear — but double-check the specifics, especially for anything involving produce moisture or cream-based frostings.

Acidified Foods: Pickles, Salsas, and Relishes

This is where things got a lot more interesting in 2024. House Bill 1565, effective August 13, 2024, expanded the list of allowed foods for exempt homestead operations to include processed acidified foods. But there's a catch worth taking seriously: you must use an exact recipe, jar size, and processing method from the [National Center for Home Food Preservation (NCHFP)](https://nchfp.uga.edu), or get a process review from an approved food processing authority before selling a custom recipe.

Why does this matter? The risk with improperly processed acidified foods is Clostridium botulinum — the bacterium that causes botulism. Vegetables are naturally low-acid, so the vinegar ratio, acidity level, and processing method all have to be exactly right.

Freeze-Dried Foods: A Special Carve-Out

Here's something that trips people up: freeze-dried foods — specifically fruits, vegetables, and commercially prepared dairy products — always require a license, even if you're only selling from home or your own farm stand. RSA 143-A:12, IV creates a carve-out that pulls freeze-dried products out of the exempt tier entirely. You'll need to be licensed under RSA 143-A:4 and can sell them from your residence, your farm stand, farmers' markets, or retail food stores.

Foods Regulated by Other Agencies

If you're eyeing a product that doesn't fit neatly into the categories above, it may fall under a different agency entirely. Make sure you know which regulator covers what before you start producing:

• Honey and maple syrup — regulated by the NH Department of Agriculture, Markets, and Food, not DHHS
• Kombucha — requires a beverage license from the NH Liquor Commission if alcohol content is ≤0.5%; a liquor license if higher
• Pet treats — regulated under separate feed laws, not the homestead food operation framework

Sales Cap and Allowed Channels

Let's put this to bed once and for all: there is no annual sales cap in New Hampshire. Not for exempt operations, not for licensed ones. The $20,000/year figure that sometimes shows up on cottage food matrices? It was never in RSA 143-A, He-P 2310.01, DHHS guidance, or any UNH Extension document. House Bill 119, effective October 3, 2023, ensured there's no cap for either tier.

You can sell as much as you can produce. That's unusual nationally — many states cap cottage food revenue, but New Hampshire doesn't.

Exempt (Unlicensed) Sales Channels

Without a license, you can sell directly to consumers from:

• Your own homestead residence
• Your own farm stand
• Farmers' markets
• Retail food stores

"Direct to consumer" means no intermediaries — you're handing your product to the person who will eat it, or stocking it yourself on a retail store shelf.

Class H Licensed Sales Channels

Get a Class H Homestead Food License from DHHS, and you unlock a significantly wider set of channels:

• Restaurants and other retail food establishments
• Online sales — including your own website
• Mail order
• Wholesale to other businesses
• Brokers, distributors, and other food resellers who will resell the product

Local Jurisdiction: The 15 Self-Inspecting Cities and Towns

Here's something easy to miss: approximately 15 self-inspecting cities and towns in New Hampshire may have their own separate licensing requirements for home-based food businesses. This is a local overlay on top of state law — it doesn't replace it, it adds to it. Some self-inspecting communities may even prohibit homestead operations.

Where You Can (and Can't) Sell — Summary

Permit, Registration, and Training Requirements

Exempt Operations: No State Permit Required

If you're selling from your home, your own farm stand, a farmers' market, or a retail food store — and your products are non-potentially hazardous — you don't need a state permit or registration. Just make sure your kitchen meets the basic sanitation standards outlined below.

Class H Homestead Food License

Want to sell online, ship products, supply restaurants, or go wholesale? You'll need a Class H Homestead Food License from the New Hampshire Department of Health and Human Services (DHHS). Here's what to expect:

• Fee: $150 per year (authorized under RSA 143-A:13)
• Application: Through the DHHS Food Protection office — you'll need to list every product you plan to sell and provide sample labels
• Inspection: Your kitchen will be subject to initial and potentially routine inspections by DHHS
• Compliance: Licensed operations must meet the standards in He-P 2300 (Sanitary Production and Distribution of Food)
• Private water: If your home uses a well or other private water source, it must be inspected

Apply through the NH DHHS Food Protection office →

Food Handler Training

New Hampshire does not require a food handler certificate for either tier. No class, no card, no exam required by the state. That said, understanding food safety basics is always worthwhile — especially if you're working with acidified foods where processing mistakes can have serious consequences.

Kitchen Requirements for Exempt Operations

Even without a license, your kitchen must meet these standards per RSA 143-A:12 and He-P 2310.01:

• Handwashing station with hot and cold running potable water, soap, and sanitary hand drying provisions
• Equipment and food storage area that prevents contamination of food, equipment, and utensils
• Cleanable food contact surfaces that can be properly cleaned and sanitized
• General sanitation — clean, pest-free environment with durable, smooth, easily cleanable floors, walls, and ceiling surfaces
• Pet exclusion — no pets in the kitchen during food production and packaging
• Dishwashing setup: Either a residential dishwasher plus a one-compartment sink, or a two-compartment sink for washing, rinsing, and sanitizing
• Refrigerator maintained at 41°F or less with a thermometer

You can use commercial kitchen equipment as long as you can clean and sanitize it properly in your processing area.

Labeling Requirements

Every New Hampshire homestead food product — whether exempt or licensed — must be individually packaged with a label that includes specific information. This isn't optional, and getting the details right matters more than you might think.

Required Label Elements (Both Tiers)

Here's what RSA 143-A:12 and He-P 2310.01 require on every label:

1. Name of the homestead food operation — your business name or personal name
2. Physical address OR email address — one or the other satisfies the requirement; you don't need both
3. Phone number — always required, regardless of which address type you use
4. Product name — the common name of the food
5. Ingredients in descending order of predominance by weight (include sub-ingredients)
6. Major food allergen declaration — milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans, and sesame (unless already disclosed in the ingredient list)
7. Net weight, volume, or numerical count in both U.S. customary and metric units, per the current UNH Extension/DHHS-guided fact sheets
8. Product code — a batch number or date of manufacture for recall purposes (this is not a permit or registration number)
9. Disclaimer statement — the exact verbatim words for your operational tier

The Exempt-Tier Disclaimer

If you're operating without a license (the exempt tier), RSA 143-A:12, V(c)(1) specifies this exact wording:

This product is exempt from New Hampshire licensing and inspection.

He-P 2310.01(d)(7) requires this statement to appear in at least the equivalent of 10-point font, in a color that provides clear contrast to the background. Do not paraphrase it, shrink it, or rewrite it.

The Licensed-Tier Disclaimer

If you hold a Class H Homestead Food License, RSA 143-A:12, V(c)(2) requires different wording:

This product is made in a residential food production area licensed by the New Hampshire Department of Health and Human Services.

Note the phrase "residential food production area" — this was updated from "residential kitchen" by a 2024 amendment (eff. August 13, 2024), broadening the scope to cover dedicated food production spaces in your home beyond just the kitchen itself.

The QR Code Option (New as of July 13, 2025)

House Bill 304, effective July 13, 2025, introduced a modern labeling option for exempt operations. Instead of printing a full ingredient list on every package, you can — if you're selling from home or at your own farm stand only:

1. Put a QR code or website URL on the label that links to the full ingredient list (in descending order by weight)
2. Display a physical sign at the point-of-sale location with the same ingredient information for all products

This option is not available for farmers' markets or retail food store sales — only for home and farm stand direct sales.

Label Requirements at a Glance

Here's what that means for you: focus on the required elements first — especially the disclaimer and the batch code, which are the two most commonly missed items. Everything else in the "recommended" column is about building consumer trust and professionalism.

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

You've got the knowledge. Here's the action plan:

1. Pick your tier. Sell only directly — home, farm stand, farmers' market, retail food store? Stay exempt. Need online, wholesale, or restaurant sales? Apply for the Class H License.
2. Check local rules. Call your city or town health department to see if you need a local license, especially if you're in one of the 15 self-inspecting communities.
3. Get your Class H License (if needed). Apply through NH DHHS. You'll need a product list, sample labels, and possibly a private water source inspection.
4. Design compliant labels. Include every required element, choose the right disclaimer for your tier, and consider the QR code option if you're selling from home or a farm stand. Use MyPorch's labeling tools to make sure nothing slips through.
5. Price for profit. Factor in your ingredients, your time, and any local licensing fees when setting prices. Our pricing guide for home bakers walks you through the math.
6. Set up your sales workflow. Whether you're taking orders at a farmers' market or building a website, a smooth pre-order system keeps your baking schedule sane. Check out our guide on how to take pre-orders for your home bakery.

Frequently Asked Questions About New Hampshire Cottage Food Law

Recent New Hampshire Cottage Food Law Changes (2024–2026)

New Hampshire's cottage food rules have been evolving rapidly. Here's what's changed — and when it matters to you:

November 2025 — HB 505 (Licensing Amendments) Effective November 12, 2025, this bill amended RSA 143-A:12, refining aspects of the homestead food license framework.

July 2025 — HB 304 (QR Code Labeling) Effective July 13, 2025, this bill allows homestead food operations selling from home or their own farm stand to use QR codes or website URLs on labels to provide ingredient lists — alongside a physical sign at the point of sale with the same information. A welcome modernization for producers with space-constrained labels.

July 2025 — HB 150, HB 307, HB 371, HB 279 Multiple bills amended RSA 143-A during the 2025 legislative session, with effective dates in May and July 2025. These technical amendments refined licensing and rulemaking provisions under the homestead food operation framework.

August 2024 — HB 1565 (Acidified Foods + Disclaimer Update) Effective August 13, 2024, this bill made two significant changes: it expanded allowed foods for exempt homestead food operations to include processed acidified foods (pickles, salsas, relishes), and it updated the licensed-tier disclaimer from "residential kitchen" to "residential food production area," broadening the definition of the production space. Producers using custom acidified recipes must obtain a process review.

October 2023 — HB 119 (Sales Cap Elimination) Effective October 3, 2023, this bill eliminated all annual sales revenue caps for both exempt and licensed homestead food operations, making New Hampshire one of the most open cottage food states in the country.

February 2024 — He-P 2310.01 Administrative Rule Amendment The administrative rule governing exempt homestead food operations was amended effective February 22, 2024, updating operational and labeling requirements. This rule works alongside RSA 143-A and provides the detailed compliance framework for exempt producers.

All changes verified against [RSA 143-A:12](https://gc.nh.gov/rsa/html/X/143-A/143-A-12.htm), [RSA 143-A:5](http://www.gencourt.state.nh.us/rsa/html/x/143-A/143-A-5.htm), [He-P 2310.01](https://www.law.cornell.edu/regulations/new-hampshire/N-H-Admin-Code-SS-He-P-2310.01), and [NH DHHS](https://www.dhhs.nh.gov/programs-services/environmental-health-and-you/food-protection/homestead-food-operations) as of the review date. The statutory landscape continues to evolve — check official sources for the latest before making compliance decisions.