Where You Can Sell
- Permitted sales channel: Online Orders
- Permitted sales channel: Wholesale
- Permitted sales channel: Farmers Markets
- Permitted sales channel: Home Pickup
- Not permitted sales channel: Interstate Sales
Yes, you can sell baked goods and other homemade foods from your home kitchen in Utah. But here’s the twist: Utah doesn’t just give you one way to do it. It gives you two.
Understanding that you’re choosing between two separate legal frameworks—the UDAF Cottage Food program and the Food Freedom Act—is the single most important thing you can do before you start selling. One path gets you into retail stores but requires more paperwork and a home inspection. The other cuts the red tape but limits where you can sell.
This guide breaks down both paths so you can pick the right one for your home bakery. We’ll cover what you can sell, the (lack of) sales cap, labeling rules for each path, and how to actually get started.
Understanding Utah's Two Cottage Food Paths
Utah's home food production laws are split into two distinct systems, each with its own rules for permits, labels, and where you can sell. Most new bakers should start by asking themselves one question: Do you need to sell to retail stores? If the answer is yes, you need the Cottage Food path. If you're only selling directly to customers, the Food Freedom path is likely simpler.
The UDAF Cottage Food Program (The Regulated Path)
This is the more traditional cottage food framework, established in 2007. It’s regulated by the Utah Department of Agriculture and Food (UDAF) and allows you to sell at a wider range of venues, including retail stores. The trade-off is more oversight.
- Requires UDAF Registration: You must apply for a Cottage Food Establishment permit, submit recipes, and pay an annual fee (reportedly $50, though we recommend confirming this directly with UDAF's current fee schedule, updated each July 1).
- Requires Inspection: A pre-operational home kitchen inspection is mandatory before you can sell anything.
- Requires a Food Handlers Permit: Anyone involved in your food preparation needs a valid permit.
- Unlocks Retail Sales: This is the key benefit. You can sell to retail stores for resale, at farmers markets, events, roadside stands, and online (within Utah).
- Stricter Labeling: Your labels must display the exact words "Home Produced" in bold 12-point type, along with other required information.
✓ Tip
Think of the Cottage Food path as the "go-to-market" path. It’s built for producers who want to be in multiple locations and scale beyond just direct-to-consumer sales.
The Food Freedom Act / Home Consumption and Homemade Food Act (The Exempt Path)
This path, created by HB 181 in 2018, is intentionally less burdensome. It exempts you from most state and local food safety regulations, including licensing and inspection, but it comes with strict limitations on how and where you sell.
- Exempt from State Licensing: The statute (HB 181 §4-5a-104(1)) specifically exempts you from state, county, or city licensing, permitting, certification, inspection, packaging, and labeling requirements.
- Direct-to-Consumer Only: This is the biggest restriction. You can only sell to an "informed final consumer" at locations like your home, farm, a designated direct-to-sale farmers market, an office, or any other location you and the consumer agree on. You cannot sell to restaurants or other commercial establishments (except for raw, unprocessed fruits and vegetables).
- Simpler Labeling: Your label only needs three things: your name and address, a disclosure about lack of state inspection, and an allergen statement.
- No State Fee or Permit: There’s no state registration fee. You may still need a general local business license per §4-5a-104(2).
⚠ Watch out
The Food Freedom path is not a free-for-all. Its "direct-to-consumer" requirement means you generally cannot sell at events or festivals where there isn't a prior agreement between you and each buyer. Forrager notes that sales at such venues are "likely not allowed."
Next step
Start taking prepaid orders with Utah-compliant labels
MyPorch helps Utah bakers collect prepaid orders, generate Utah-compliant labels, and keep weekly pickups and customer details organized.
Start your Utah storefrontWhat You Can Sell: Allowed and Prohibited Foods
What you're allowed to bake or make depends heavily on which path you choose. The Cottage Food program has a strict, enumerated list. The Food Freedom Act is much more permissive.
UDAF Cottage Food Path: Permitted Foods
The Cottage Food program is for "shelf-stable, low-risk, and non-potentially hazardous" foods. UDAF provides a detailed list of what is and isn't allowed.
✅ You Can Sell
- Baked Goods: Shelf-stable items only. No cream, uncooked egg, custard, meringue, cream cheese frosting, or cream-based ganache. No buttercream containing egg (like Swiss or Italian). No custard fillings (lemon bars, pumpkin pie filling). Pies are limited to fruit pies only. Breads can only contain non-TCS inclusions like nuts or dried fruit.
- Cereals, Trail Mixes, and Granola
- Dried Fruits and Chocolate-Covered Dried Fruits (must be from acidic fruits; melons are not allowed)
- Dry Herbs and Seasoning Mixes (limited to herbs used for flavoring per 21 CFR 182.10; no medicinal herbs or dietary supplements)
- Hard Candies, Freeze-Dried Candies, and Cotton Candy
- Jams, Jellies, and Preserves (must use fruits as described in 21 CFR 150; no tomatoes; no fruit butter; no sugar-free versions)
- Nuts, Nut Mixes, and Nut Brittles
- Popcorn and Popcorn Balls
- Raw Honey and Creamed Honey
- Roasted Coffee Beans
- Vanilla Extract
- Vinegar and Flavored Vinegar (must be strained/filtered before bottling; no flavoring components left in)
❌ You Cannot Sell
- Any food requiring refrigeration for safety
- Products containing meat or poultry
- Cheesecakes, custards, and other potentially hazardous foods
- Other canned, high-risk, or potentially hazardous foods
- Refrigerated or frozen food
- Acidified foods, low-acid canned foods (most pickles, salsas, etc.)
- Fermented foods (kombucha, etc.)
- Meat jerkies
| ✅ You Can Sell | ❌ You Cannot Sell |
|---|---|
| Baked Goods: Shelf-stable items only. No cream, uncooked egg, custard, meringue, cream cheese frosting, or cream-based ganache. No buttercream containing egg (like Swiss or Italian). No custard fillings (lemon bars, pumpkin pie filling). Pies are limited to fruit pies only. Breads can only contain non-TCS inclusions like nuts or dried fruit. | Any food requiring refrigeration for safety |
| Cereals, Trail Mixes, and Granola | Products containing meat or poultry |
| Dried Fruits and Chocolate-Covered Dried Fruits (must be from acidic fruits; melons are not allowed) | Cheesecakes, custards, and other potentially hazardous foods |
| Dry Herbs and Seasoning Mixes (limited to herbs used for flavoring per 21 CFR 182.10; no medicinal herbs or dietary supplements) | Other canned, high-risk, or potentially hazardous foods |
| Hard Candies, Freeze-Dried Candies, and Cotton Candy | Refrigerated or frozen food |
| Jams, Jellies, and Preserves (must use fruits as described in 21 CFR 150; no tomatoes; no fruit butter; no sugar-free versions) | Acidified foods, low-acid canned foods (most pickles, salsas, etc.) |
| Nuts, Nut Mixes, and Nut Brittles | Fermented foods (kombucha, etc.) |
| Popcorn and Popcorn Balls | Meat jerkies |
| Raw Honey and Creamed Honey | |
| Roasted Coffee Beans | |
| Vanilla Extract | |
| Vinegar and Flavored Vinegar (must be strained/filtered before bottling; no flavoring components left in) |
Food Freedom Act Path: Permitted Foods
This path is far more open. The statute only explicitly prohibits two categories, meaning almost everything else is fair game for direct-to-consumer sales.
✅ Allowed Foods (Food Freedom Path): Almost all food items, including many that are prohibited under the Cottage Food path. This includes: Baked goods with cream fillings, acidified foods (pickles, salsas), fermented foods, low-acid canned foods, and potentially hazardous foods like dairy or meat products (with the exception below). * According to Forrager, allowed categories include condiments, sauces, syrups, nut butters, kombucha, and pastries like empanadas and tamales.
❌ Prohibited Foods (Food Freedom Path): Raw dairy or raw dairy products. Meat products, with two specific exceptions: 1. Poultry and poultry products if you slaughter no more than 1,000 birds per year and follow USDA guidance. 2. Domesticated rabbit meat, pending USDA approval.
Allergen Disclosure: A Key Difference
This is a critical nuance. Because the Cottage Food path follows federal labeling rules, you must declare all 9 major allergens (milk, egg, fish, shellfish, tree nuts, wheat, peanuts, soybeans, and sesame). The Food Freedom Act's statute only lists 7 allergens (milk, soy, wheat, eggs, peanuts or tree nuts, fish, or shellfish).
ℹ Note
For practical compliance, we recommend listing all 9 major allergens on both paths. While the Food Freedom statute is older and doesn't mention sesame, federal law (the FASTER Act) does. The safest route is to be fully transparent with your customers.
Annual Revenue Cap and Allowed Sales Channels
Let’s talk about money and venues—the two things most home bakers care about.
The Sales Cap (Or Lack Thereof)
Here’s the best news in this guide: Utah imposes no annual sales cap on either path. Whether you’re operating under the UDAF Cottage Food program or the Food Freedom Act, you can sell as much as you can produce.
You might have seen a "$50,000" figure associated with Utah. That is not a sales cap. It’s an FDA federal rule related to the nutrition facts statement exemption. If your gross sales exceed $50,000, you are no longer exempt from federal requirements to include a Nutrition Facts panel on your labels (if you make nutrition claims). It doesn’t limit how much you can earn.
Where You Can Sell: A Side-by-Side Comparison
This is where the two paths diverge significantly. Your choice of path dictates your sales strategy.
| Sales Channel | Cottage Food Path | Food Freedom Path |
|---|---|---|
| Direct to Consumer | ✅ Yes | ✅ Yes (primary method) |
| Farmers Markets | ✅ Yes (must display your registration certificate) | ✅ Yes, but only at a "direct-to-sale farmers market" or a regular market with a separate, clearly marked section for uninspected foods |
| Retail Stores | ✅ Yes (for resale) | ❌ No |
| Restaurants / Commercial | Indirectly (they can sell your pre-packaged product, but not use it as an ingredient) | ❌ No (except for selling raw, unprocessed fruits/vegetables) |
| Events, Festivals, Roadside Stands | ✅ Yes | ❌ Likely not allowed (requires a prior agreement with the consumer) |
| Online Sales | ✅ Yes, but all transactions and delivery must remain within Utah | ✅ For ordering and arranging a direct pickup or delivery meeting. Shipping is generally not permitted. |
| Wholesale | ✅ Yes | ❌ No |
As you can see, the Cottage Food path offers much broader access to the market, especially for wholesale and retail. The Food Freedom path is a lean, direct-to-consumer model.
Permit, Registration, and Training Requirements
The setup process for each path is as different as the sales channels they offer.
Cottage Food Path Setup (More Involved)
If you choose the Cottage Food path, here’s what you need to do before you can legally sell:
- Get a Food Handlers Permit: Every person involved in food preparation must hold a valid, ANSI-accredited food handler’s permit. You can get one online through an approved provider.
- Submit the UDAF Application: Complete the "Application for Cottage Food Establishment" form. You’ll need to include detailed recipes for every product you plan to sell.
- Pay the Fee: An annual fee of $50 is reported by secondary sources, though we recommend verifying the current amount on the official UDAF fee schedule.
- Pass a Home Kitchen Inspection: A UDAF inspector must visit your home and approve your kitchen setup before you begin operations. This includes checking your sanitizing procedures, separate ingredient storage, and pet exclusion policies.
- Maintain Standards: You must keep 14-day samples of every batch of product (per Forrager) and display your registration certificate at any location where you sell.
Food Freedom Path Setup (Minimal)
The Food Freedom path is designed to be easy to start:
- No State Permit or Inspection Needed: The law explicitly exempts you from state licensing, permitting, certification, and inspection.
- Get a General Business License: Check with your county or city. You’ll likely need a standard business license, as required by §4-5a-104(2).
- Prepare Your Label: Ensure your labels meet the three requirements (name/address, disclosure, allergens). You are responsible for informing each buyer at the point of sale that the product is not state-certified, licensed, or inspected.
✓ Tip
For new bakers, the Food Freedom Act offers a lower barrier to entry. You can test your products and build a customer base with less upfront regulatory burden. Consider starting here and transitioning to the UDAF path if you later want to get your products into retail stores.
Utah Cottage Food Labeling Requirements
Because you have two paths, you have two completely different labeling rulebooks. Never mix them up.
Cottage Food Path Labeling (The Detailed Rules)
Your labels must comply with both federal (21 CFR 101) and Utah state (Admin Code R70-560-6) regulations. There are six required elements:
- Statement of Identity (Product Name): The common name of your product (e.g., "Chocolate Chip Cookies"). It must be prominent, in bold type, and on the principal display panel (PDP).
- Net Quantity Statement: The product's weight or volume (e.g., "NET WT 8 OZ (227g)"). Font size depends on your label's surface area.
- "Home Produced" Statement: This is non-negotiable. Utah Admin Code R70-560-6 requires these exact words, in bold and conspicuous 12-point type, on the principal display panel.
The required verbatim statement is: "Home Produced"
- Ingredient Statement: A complete list of ingredients in descending order by weight, including all 9 major allergens (milk, egg, fish, shellfish, tree nuts, wheat, peanuts, soybeans, sesame). Allergens can be listed within the ingredient list or in a "Contains:" statement directly after it.
- Producer Name, Address, and Phone Number: Your full business name, street address, and phone number.
- Nutrition Statement: This is only required if you make any nutrition claims (like "low fat") or if your annual gross sales exceed $50,000 (the FDA small-business threshold). Most cottage food producers do not need this.
The minimum print height for any of this required information is 1/16 inch.
Food Freedom Path Labeling (The Simplified Rules)
The Food Freedom Act’s labeling requirements are found in §4-5a-104(3)(a)-(c) and are much more minimal. Your label must have three elements:
1. Producer's Name and Address. 2. A Disclosure Statement: The statute indicates this must state that the product is: (i) not for resale; and (ii) processed and prepared without state or local inspection. The exact wording isn't fixed, but a clear rendering is: "This product is not for resale and was processed and prepared without state or local inspection." 3. Allergen Statement: You must declare whether the food contains common allergens. The statute lists: milk, soy, wheat, eggs, peanuts or tree nuts, fish, or shellfish.
Crucially, there is no mandated font size for the Food Freedom disclosure. Also, remember you must verbally inform each final consumer that the product is not certified, licensed, regulated, or inspected by the state, per §4-5a-104(5).
Now That You Know the Rules — Here's How to Start Selling in Utah
Alright, you’ve absorbed the differences. Now, let’s get you into business mode.
Your Startup Sequence:
1. Choose Your Path: Review the sales channels and labeling rules above. Your answer to "Do I need to sell to retail stores?" will point you to your path. 2. For the Cottage Food Path: Get your food handler's permit for everyone in your kitchen. Download and complete the UDAF Cottage Food Establishment Application. Prepare your recipes and draft compliant labels. Submit everything to UDAF and pay the fee. Prepare your kitchen for the pre-operational inspection. 3. For the Food Freedom Path: Check if you need a general business license from your local government. Design your three-line label. Plan your sales venues and be ready to verbally inform customers about the uninspected nature of your products. 4. Create Compliant Labels: Use MyPorch's label tool to generate state-specific labels. Ensure your Cottage Food labels have the "Home Produced" text in bold 12-point type, and your Food Freedom labels have the proper disclosure. 5. Set Up Your Storefront: Once compliant, use a platform like MyPorch to take pre-orders efficiently and manage your direct sales, whether you're delivering locally or arranging pickups.
✓ Tip
Start by writing down your business name, address, and phone number. Then, for the Cottage Food path, add the "Home Produced" line. For the Food Freedom path, add the "not for resale" disclosure. From there, you can build the rest of your label.
For broader label planning, use the MyPorch cottage food labeling requirements guide as your checklist companion. Before you open orders, sanity-check your margin with the home bakery pricing guide, then set up your weekly launch rhythm with the guide to taking pre-orders for a home bakery.
Summary
Key Takeaways — Utah Cottage Food Law
- Utah has two separate legal paths for home food producers: the regulated UDAF Cottage Food program and the more permissive Food Freedom Act.
- Neither path imposes an annual sales cap, allowing for unlimited gross revenue for compliant producers.
- The Cottage Food path requires UDAF registration, a food handlers permit, a pre-operational home kitchen inspection, and labels that say 'Home Produced' in bold 12-point type.
- The Food Freedom path exempts you from state licensing, permits, and inspection, but requires a disclosure about lack of state inspection and allergen information on labels.
- You must choose the right path for your sales channels: Cottage Food for retail and wholesale, Food Freedom for direct-to-consumer only.
Frequently Asked Questions
Can I sell cottage food online in Utah?
What is the sales limit for Utah cottage food producers?
Do I need a permit to sell baked goods from home in Utah?
Is a food handler's permit required for home bakers in Utah?
What foods are prohibited under Utah's Cottage Food Law?
Can I sell products containing meat or dairy under Utah's Food Freedom Act?
What is the difference between the UDAF Cottage Food Program and the Food Freedom Act in Utah?
What specific disclaimer is required on Utah cottage food labels?
Does Utah require an inspection of my home kitchen?
Can I sell my Utah cottage food products in retail stores?
Do I need a separate business license for my Utah home bakery?
What are the allergen labeling requirements in Utah?
How much does it cost to register as a cottage food operation in Utah?
Does Utah law require nutrition facts on cottage food labels?
Can I ship cottage food products to customers outside of Utah?
What is "non-potentially hazardous" food in Utah?
Can I sell jams and jellies under Utah's cottage food law?
Are acidified foods allowed under Utah's Cottage Food Law?
How often do I need to renew my UDAF Cottage Food registration in Utah?
What happens if I exceed the sales limit in Utah?
Can I sell pet treats made in my home kitchen in Utah?
What is the "Home Produced" statement in Utah's labeling law?
Does Utah allow wholesale sales for cottage food?
How does the FASTER Act affect Utah's cottage food labeling?
Are there any recent changes to Utah's cottage food laws for 2026?
Recent Law Changes (Changelog)
ℹ Note
You're operating under a stable dual-path framework.
The Cottage Food path you'd register under today was created by HB 339 in 2007. The Food Freedom path you'd use to sell direct-to-consumer without a permit was created by HB 181 in 2018. No 2025 or 2026 legislation has amended either path. The UDAF updated its labeling guidelines PDF in July 2025 to align with the federal FASTER Act (sesame allergen), but that's an interpretive update, not a new law.
- April 2007: HB 339 (the original Cottage Food Act) was enacted — this created the UDAF Cottage Food program you'd register with today if you want to sell at retail stores or wholesale.
- May 2008: HB 63 amended the Cottage Food Act.
- May 2017: HB 58 made further amendments to the program.
- May 2018: HB 181 (Home Consumption and Homemade Food Act) was passed — this is the Food Freedom path that exempts you from state licensing if you're selling direct-to-consumer. Effective May 8, 2018.
- May 2019: HB 33 amended the Food Freedom Act.
- May 2021: HB 94 was passed. Important: This is not a cottage food bill. It created a separate program for home-based mini-restaurants (similar to California's MEHKO law) — not relevant to cottage bakers unless you're trying to serve hot meals.
- July 2025: The UDAF updated its "Basic Labeling Guidelines for Cottage Foods" PDF to include sesame as a major allergen, aligning with the federal FASTER Act (effective April 2024).
As of June 2026, there have been no new legislative changes to either the UDAF Cottage Food program or the Food Freedom Act. The system is stable: two distinct paths with the same core rules established in 2007 and 2018.
How Utah Compares
Utah vs. Similar States
Key metrics across states with similar baker populations.
| State | Annual Cap | Wholesale | Online Sales | Inspection |
|---|---|---|---|---|
| UtahThis guide | None | No | Yes | No |
| Alabama | $20K | No | Yes | No |
| Arizona | None | Yes | Yes | No |
| Arkansas | None | No | Yes | No |
| California | $75K / $150K | Yes | Yes | No |