# Wyoming Cottage Food Law 2026: The Food Freedom Act, Sales Limits, and Unique Label Rules
Wyoming's Food Freedom Act is the most deregulated cottage food law in the country. That's not hyperbole — it's the first state law of its kind, passed back in 2015, and it eliminates nearly every barrier that other states put between you and selling homemade food. No permits. No inspections. No licensing fees. No state-mandated food handler training. And labeling? If you're selling directly to customers at a farmers market or from your own kitchen, Wyoming doesn't even require a label on the package.
But "most deregulated" doesn't mean "no rules." Wyoming has a few hard boundaries you absolutely need to know — and one of them is unusual enough to trip up even experienced cottage food sellers from other states.
If you only remember three things, make them these:
- The dual sales cap is real. You can't exceed $250,000 in gross revenue or 250,000 individual food or drink products per year. Hit either ceiling and you fall out of Food Freedom Act coverage entirely.
- Labeling works differently depending on where you sell.* Sell direct to your customer (farmers market, your porch, a farm stand)? No physical label required — just tell them the food is unregulated. Sell through a grocery store or retail shop (where retail is allowed, only for non-potentially-hazardous foods, eggs, and dairy)? That store label needs an exact verbatim disclaimer, word for word.
- You cannot sell across state lines, and restaurants cannot serve your homemade/uninspected food as an ingredient. The Food Freedom Act is for direct, in-state, informed-consumer transactions only, with narrow retail exceptions for shelf-stable food, eggs, and dairy.
Wyoming's Food Freedom Act lives in WY Statutes Title 11, Chapter 49 (§11-49-101 through §11-49-104). The most recent significant amendments came in 2023 (SF0102, expanding designated agents and retail channels) and 2025 (SF0120, adding a dormant meat pathway). We'll walk through all of it below.
ℹ Note
Laws change. This guide reflects Wyoming law as of early 2026, including the 2025 PRIME Act amendment (SF0120). We'll note what's active and what's still waiting on federal action. Always check the official sources linked at the bottom of this page before you invest in inventory or signage.
What You Can Sell Under the Wyoming Food Freedom Act
Here's where Wyoming really stands out. The Food Freedom Act defines "homemade" as food "prepared or processed in a private home kitchen, that is not licensed, inspected or regulated" (§11-49-102(a)(iv)). And it creates three product categories: non-potentially hazardous food, potentially hazardous food (PHF), and dairy — each with different rules about who can sell them and through which channels.
Allowed and Prohibited Products at a Glance
Here's the at-a-glance breakdown of what you can and can't sell under Wyoming's Food Freedom Act:
✅ You Can Sell
- Baked goods — breads, cookies, cakes, pies, pastries, muffins
- Candies, fudge, chocolates, confections
- Jams, jellies, preserves, fruit butters
- Pickled vegetables, fermented foods (with proper pH control)
- Dried fruits, dried herbs, spice mixes, granola
- Whole uncut fruits and vegetables
- Eggs (producer, designated agent, or third-party retail)
- Dairy products including raw milk and raw-milk cheeses
- Poultry and poultry products (producer-raised, ≤1,000 birds/year)
- Farm-raised fish (not catfish, per WY Title 23)
- Domestic rabbit meat
- Acidified foods (pickles, salsas, etc.) with proper control
- Cooked vegetables and beans requiring temperature control — sold direct only
- Potentially hazardous foods — quiches, pizzas, frozen doughs, cooked vegetables, cream-filled pastries — sold direct only
- Ice cream, smoothies, and other PHFs requiring refrigeration — sold direct only
❌ You Cannot Sell
- Processed meat products — hot dogs, deli meat, canned meat, jerky
- Meat-based soups or products made with meat outside the Act's narrow exceptions
- Food sourced from out-of-state producers
- Food containing uninspected meat (with narrow exceptions)
- Products intended for resale outside Wyoming
- Food from animals not covered by the Act's specific exemptions
- Wild game meat
| ✅ You Can Sell | ❌ You Cannot Sell |
|---|---|
| Baked goods — breads, cookies, cakes, pies, pastries, muffins | Processed meat products — hot dogs, deli meat, canned meat, jerky |
| Candies, fudge, chocolates, confections | Meat-based soups or products made with meat outside the Act's narrow exceptions |
| Jams, jellies, preserves, fruit butters | Food sourced from out-of-state producers |
| Pickled vegetables, fermented foods (with proper pH control) | Food containing uninspected meat (with narrow exceptions) |
| Dried fruits, dried herbs, spice mixes, granola | Products intended for resale outside Wyoming |
| Whole uncut fruits and vegetables | Food from animals not covered by the Act's specific exemptions |
| Eggs (producer, designated agent, or third-party retail) | Wild game meat |
| Dairy products including raw milk and raw-milk cheeses | |
| Poultry and poultry products (producer-raised, ≤1,000 birds/year) | |
| Farm-raised fish (not catfish, per WY Title 23) | |
| Domestic rabbit meat | |
| Acidified foods (pickles, salsas, etc.) with proper control | |
| Cooked vegetables and beans requiring temperature control — sold direct only | |
| Potentially hazardous foods — quiches, pizzas, frozen doughs, cooked vegetables, cream-filled pastries — sold direct only | |
| Ice cream, smoothies, and other PHFs requiring refrigeration — sold direct only |
What does "non-potentially hazardous" really mean? These are foods that don't need temperature control to stay safe — they won't grow dangerous bacteria at room temperature. Baked goods without cream or meat filling, hard candies, dried mixes, whole fruits, and similar shelf-stable items. The Wyoming statute specifically lists "jams, uncut fruits and vegetables, pickled vegetables, hard candies, fudge, nut mixes, granola, dry soup mixes excluding meat based soup mixes, coffee beans, popcorn and baked goods that do not include dairy or meat frosting or filling or other potentially hazardous frosting or filling" (§11-49-102(a)(x)).
What about potentially hazardous foods? Unlike most cottage food states, Wyoming does allow the sale of PHFs — items like quiches, cream pies, frozen dough, cooked beans, and even raw milk. The catch: PHFs (except eggs and dairy) can only be sold by the producer or a designated agent, directly to the informed end consumer. No third-party retail for PHFs.
⚠ Watch out
Restaurant service and commercial-food-establishment ingredient use are off-limits. The statute is explicit: "Homemade or uninspected food shall not be served or utilized as an ingredient in a commercial food establishment" (§11-49-103(d)). You can't sell your homemade lasagna to a restaurant for service to diners, and you can't use a grocery store's prepared-foods counter as a workaround for PHF sales. The retail exception is limited to non-PHF food, eggs, and dairy.
The Meat Question
Wyoming broadly prohibits the sale of meat products under the Food Freedom Act (§11-49-103(c)(v)), but carves out several narrow exceptions:
- Producer-raised poultry: You can sell poultry and poultry products if you slaughter no more than 1,000 birds of your own raising per calendar year, don't buy or sell poultry products from other sources, and the product isn't adulterated or misbranded (§11-49-103(c)(v)(A)).
- Live animals can be sold (§(c)(v)(B)).
- Animal-share arrangements: You can sell portions of live animals before slaughter for future delivery (§(c)(v)(C)), or operate under the separate animal-share statute (§11-49-104) (§(c)(v)(F)).
- Domestic rabbit meat (§(c)(v)(D)).
- Farm-raised fish — must be raised per WY Title 23 and cannot be catfish (§(c)(v)(E)).
ℹ Note
The 2025 PRIME Act is real — but dormant. Wyoming's 2025 legislature passed SF0120 (Enrolled Act No. 16), which adds §11-49-103(n) and (o) to create a pathway for selling producer-raised cattle, sheep, swine, and goat meat. The catch: this pathway only takes effect when the governor certifies that federal law permits direct-to-consumer uninspected meat sales (think: the federal PRIME Act or a favorable court ruling). As of early 2026, that certification hasn't happened. This pathway is on the books but not yet active.
Next step
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Start your Wyoming storefrontWyoming's Dual Sales Cap
Wyoming's annual sales limit is one of the highest in the nation — but it's also the most unusual. Under the 2020 amendment (HB 84), the definition of "Producer" at §11-49-102(a)(vi) sets two stacking limits you must satisfy simultaneously:
- $250,000 per year in gross revenue from food and drink products, AND
- 250,000 individual food or drink products per year
Exceed either limit and you no longer qualify as a "Producer" under the Food Freedom Act. That means you'd lose the exemptions for licensure, permitting, inspection, and labeling — and would potentially need to pursue commercial food licensing.
The 250,000-product cap is easy to overlook. If you're selling individually wrapped cookies at $2 each, for example, you could hit the product-count limit well before the revenue limit. Keep careful records of what you're producing and selling.
Where You Can Sell: Allowed Sales Channels
Wyoming allows a surprisingly broad set of sales channels, all anchored in the principle of direct, in-state, informed-consumer transactions.
Direct Sales (The Default Channel)
The Food Freedom Act's primary channel is direct producer-to-informed-end-consumer transactions (§11-49-103(c)(i)). That covers:
- Farmers markets
- Your farm or ranch
- Your home or office
- Any other location you and your buyer agree to
A producer may also use a designated agent — someone you name in writing to market, transport, store, and deliver your products on your behalf. The agent never takes ownership of the food (§11-49-102(a)(xii)). This designated-agent pathway was significantly expanded by the 2023 amendments (SF0102).
Third-Party Retail (Grocery Stores, Retail Shops)
Here's where it gets interesting. Third-party retail — selling through a grocery store or retail shop run by someone else — is allowed only for non-potentially hazardous food, eggs, and dairy products (§11-49-103(c)(i)). Potentially hazardous food (other than eggs and dairy) can't go through retail — it must be sold by the producer or designated agent only.
When you sell through retail, the store must:
- Display your homemade food on a separate shelf or display from food produced in a licensed establishment (§11-49-103(k))
- Include the verbatim retail disclaimer on the label (more on this below)
- Inform the end consumer that the homemade food is not certified, labeled, licensed, packaged, regulated, or inspected (§11-49-103(e))
- Display a sign indicating the food has not been inspected (§11-49-103(d))
If a retail space selling PHF (other than eggs/dairy) is associated with a commercial food establishment, the Wyoming Department of Agriculture imposes additional separation requirements — separate door, separate cash register, separated coolers and freezers (§11-49-103(d)).
In-State Only — No Interstate Commerce
Every transaction under the Food Freedom Act must occur only in Wyoming (§11-49-103(c)(iii)), and must not involve interstate commerce (§11-49-103(c)(iv)). You can sell online, but the transaction and delivery must stay within state lines. You cannot ship products to customers in other states.
What about online orders and in-state delivery? The statute defines "Delivery" as "the transfer of a product resulting from a transaction between a producer and an informed end consumer" and says delivery may occur at "any location agreed to between the producer and the informed end consumer" (§11-49-102(a)(i)). Wyoming Department of Agriculture's Food Freedom Act Q&A also says internet sales are allowed, but only for delivery within Wyoming. The statute still does not explicitly bless mail or carrier shipment, so keep every sale and delivery inside Wyoming and confirm any carrier-shipping workflow before relying on it.
✓ Tip
Maximize your channels. Wyoming's law lets you sell at farmers markets, from your home, through a designated agent, and even through retail shops (for shelf-stable food, eggs, and dairy). That's more flexibility than most states. Just remember: every channel has its own disclosure and labeling rules.
No Permit, No License, No Inspection — But Know the Boundaries
Let's be direct about this: Wyoming does not require a cottage food permit, license, registration number, food handler training, pre-operational inspection, or routine inspection for Food Freedom Act producers. The statute is explicit:
"Homemade food products produced, sold and consumed in compliance with the Wyoming Food Freedom Act shall be exempt from state licensure, permitting, inspection, packaging and labeling requirements." (§11-49-103(b))
There is no state fee for cottage food operations. You don't need to register with the Wyoming Department of Agriculture. You don't need a food handler's certificate.
But Don't Mistake Deregulation for Total Freedom
A few important caveats:
- Foodborne illness investigations. The Wyoming Department of Health retains full authority to investigate foodborne illness complaints. The statute states: "Nothing in this act shall be construed to impede the Wyoming department of health in any investigation of food borne illness" (§11-49-103(g)). If someone gets sick from your product, WDH can and will investigate.
- Voluntary inspection. An agency may provide "assistance, consultation or inspection, at the request of the producer" (§11-49-103(j)). This is entirely voluntary — you can ask for help, and the state can offer it. But you're not required to submit to inspection.
- Brand and animal health inspections remain in effect and are unchanged by the FFA (§11-49-103(h)).
- Local rules. The Food Freedom Act exempts you from state cottage food licensing, but local jurisdictions may have separate zoning, business-license, or sales-tax requirements. Check with your local government about zoning and business tax obligations before you spend money on signs, equipment, or a retail setup.
⚠ Watch out
The FFA is not a blanket shield against all regulation. It covers state-level cottage food licensing. It does not necessarily preempt every local zoning, taxation, or business-license requirement. Do your homework at both state and county levels.
Wyoming's Channel-Conditional Label Regime
This is the most nuanced part of Wyoming's Food Freedom Act, and it trips up a lot of people because it operates on two separate disclosure paths depending on whether you're selling direct or through retail.
Direct-to-Consumer Sales: No Label Required — But You Must Inform
If you're selling directly to your customer — at a farmers market, from your porch, at your farm stand, through a designated agent — Wyoming does not require a physical label on your product. The FFA exempts homemade food from labeling requirements entirely (§11-49-103(b)).
But you do have an information-disclosure obligation. The statute says:
"The producer shall inform the end consumer that any food product or food sold at a farmers market or through ranch, farm or home based sales pursuant to this act is not certified, labeled, licensed, packaged, regulated or inspected." (§11-49-103(e))
This can be satisfied verbally or via point-of-sale signage. There is no fixed verbatim wording you must recite — the statute fixes the substance of what must be disclosed, not the exact wording. Tell your customer, or post a sign at your booth, that the food is homemade and unregulated.
What you must not do: print a label implying your product is certified, licensed, or inspected. Don't add a fake permit number. Don't use a logo that looks like a health-department seal.
Retail / Indirect Sales: Verbatim Disclaimer Required on Label
When your product is sold through a retail shop or grocery store — available only for non-potentially hazardous food, eggs, and dairy — the label must display the following exact statement, clearly and prominently:
"this food was made in a home kitchen, is not regulated or inspected and may contain allergens"
This is required by §11-49-103(k). Do not paraphrase it, rephrase it, add punctuation that isn't in the statute, or change the casing. The law says the product "shall be clearly and prominently labeled with" that exact phrase.
In addition, the third-party seller must inform the end consumer that the homemade food "is not certified, labeled, licensed, packaged, regulated or inspected" (§11-49-103(e)), and display a sign indicating the food has not been inspected (§11-49-103(d)).
What's NOT Required on the Label (Either Channel)
You'll notice Wyoming asks for very little on your label. The FFA requires no producer name, address, phone number, registration/permit number, ingredient list, net weight, or production date on the label in either channel. The only required text element is the §(k) verbatim retail disclaimer for indirect sales. That's it.
Federal FDA labeling best practices still technically apply to all food producers — ingredient lists, allergen declarations, net weight — but these are federal standards, not Wyoming cottage food requirements. The FFA doesn't enforce them against exempt producers.
| Label Element | Required for Direct Sales? | Required for Retail Sales? | Recommended Best Practice? |
|---|---|---|---|
| Product name | No | No | ✅ Yes — builds customer trust |
| Producer name & address | No | No | ✅ Yes — helps with returns/contact |
| Ingredients list | No | No | ✅ Yes — transparency, allergy info |
| Allergen declaration | No | Part of the verbatim disclaimer | ✅ Yes — always list major allergens |
| Net weight | No | No | ✅ Yes — professionalism |
| Production/best-by date | No | No | ✅ Yes — safety and trust |
| Required disclaimer | No physical label; verbal/signage disclosure | ✅ Yes — verbatim §(k) text | — |
| Registration/permit number | No | No | ✅ N/A — Wyoming has no registration |
| Storage instructions | No | No | ✅ Yes — especially for PHFs |
✓ Tip
Make disclosures prominent. Whether you're posting a sign at your farmers market booth or printing labels for a grocery store, make your disclosures clear and easy to read. Wyoming law uses the phrases "clearly and prominently" (§(k)) and "inform the end consumer" (§(e)) for a reason.
The "Informed End Consumer" — Wyoming's Regulatory Philosophy
Wyoming's entire Food Freedom Act rests on a single philosophical pillar: the consumer should know what they're buying. That's captured in the statutory definition of "informed end consumer":
"A person who is the last person to purchase any product, who does not resell the product and who has been informed that the product is not licensed, regulated or inspected." (§11-49-102(a)(v))
This definition does three things:
- It limits sales to the final buyer. The informed end consumer doesn't resell. No wholesale, no distribution, no restaurant ingredient supply chains.
- It makes disclosure the linchpin. Your customer must know the food is homemade and unregulated. That's the price of the freedom the FFA grants.
- It anchors the channel-conditional label rules. The §(e) direct-sales disclosure and the §(k) retail disclaimer both exist to create an "informed end consumer."
Now That You Know the Rules — Here's How to Start Selling
Wyoming's Food Freedom Act offers remarkable flexibility, but operating successfully means paying attention to the disclosure and channel rules that do exist.
- Decide your sales channel. Direct sales (farmers market, your home, farm stand) are the simplest path — no label required, just a verbal or signage disclosure. Retail sales (grocery stores) require a printed label with the verbatim disclaimer. Plan accordingly.
- Prepare your disclosure. For direct sales, a clear sign at your point of sale that your food is homemade and unregulated is typically sufficient. For retail, you'll need a printed label with the exact §(k) text. For broader label layout guidance and allergen phrasing examples, see our cottage food labeling requirements guide; MyPorch can help you generate compliant labels for retail products.
- Choose your sales locations. Farmers markets, farm stands, your own property, your office, or any location you and your buyer agree to. If you want to sell through retail, your products must be non-PHF, eggs, or dairy — and must be displayed on a separate shelf from licensed food.
- Find a designated agent (optional). If you want someone else to handle marketing, transport, storage, or delivery, name them in writing. The 2023 amendments (SF0102) expanded this pathway significantly. A structured pre-order system keeps your batches organized — read our guide on how to take pre-orders for your home bakery.
- Price your products smartly. Factor in your ingredients, packaging, time, and the value of your work to set a price that's both profitable and competitive. Our home bakery pricing guide walks through the math, so you don't accidentally erode your margins under Wyoming's broad selling freedom.
- Confirm local rules. The FFA covers state-level cottage food regulation, but your county or city may have zoning, business-license, or sales-tax requirements. Local rules can differ, so confirm the local layer before you spend money on signs, equipment, or a retail setup.
- Keep records. The FFA doesn't mandate record-keeping, but tracking your sales, ingredients, and production dates is smart business practice — and essential if you ever approach the $250,000 or 250,000-product limits.
✓ Tip
Wyoming's Food Freedom is unique — but it has hard edges. The deregulation is real, but the channel restrictions, the meat prohibitions, and the interstate-commerce ban are equally real. Know them, respect them, and you'll be in excellent shape.
Summary
Key Takeaways — Wyoming Cottage Food Law
- Wyoming's Food Freedom Act is the most deregulated cottage food law in the U.S. — no state permit, no license, no fee, no inspection, and no registration required.
- The dual sales cap limits you to $250,000 in gross revenue AND no more than 250,000 individual food or drink products per year (§11-49-102(a)(vi)).
- For direct-to-consumer sales, no physical label is required — but you must verbally or via signage inform the buyer the product is 'not certified, labeled, licensed, packaged, regulated or inspected.'
- For retail/grocery sales only, the law mandates this exact verbatim label: 'this food was made in a home kitchen, is not regulated or inspected and may contain allergens.'
- Sales must stay entirely in Wyoming — no interstate commerce and no shipping across state lines. Homemade or uninspected food also cannot be served or used as an ingredient in a commercial food establishment.
- A dormant 2025 PRIME Act (SF0120) could allow producer-raised meat sales, but it only takes effect if the governor certifies federal legalization — that hasn't happened yet.
Frequently Asked Questions
"this food was made in a home kitchen, is not regulated or inspected and may contain allergens"
This is required by WY Stat. §11-49-103(k). Do not paraphrase, reword, or alter the text. This disclaimer applies to non-potentially hazardous food and dairy products sold in retail settings.
Is a food handler's permit required in Wyoming?
Can I sell food from home in Wyoming?
What foods are allowed under the Wyoming Food Freedom Act?
Does Wyoming have food freedom?
What is the annual sales limit for cottage food in Wyoming?
Do I need a license to sell homemade food in Wyoming?
Can I sell potentially hazardous foods in Wyoming?
Are there inspections for home kitchens in Wyoming?
Can I sell raw milk or raw milk products in Wyoming?
Can I sell producer-raised meat products under the Wyoming Food Freedom Act?
What are the labeling requirements for direct sales in Wyoming?
What is the required disclaimer for retail sales of cottage food in Wyoming?
Can I sell Wyoming cottage food online?
Can I ship cottage food products from Wyoming to other states?
Can I sell cottage food at farmers markets in Wyoming?
What happens if I exceed Wyoming's sales limit?
Do I need product liability insurance for a cottage food business in Wyoming?
Does the Wyoming Food Freedom Act cover pet food?
What is a "designated agent" in the context of Wyoming cottage food law?
Can I sell eggs in grocery stores under the Wyoming Food Freedom Act?
Are there any recent changes to the Wyoming Food Freedom Act?
Does MyPorch help with Wyoming cottage food labels?
How do I ensure my ingredient list is compliant for Wyoming retail sales?
What documentation should I keep as a Wyoming cottage food producer?
Can my local county impose additional cottage food rules in Wyoming?
What does "informed end consumer" mean in Wyoming law?
Can I sell food prepared in a commercial kitchen under the Food Freedom Act?
Can I use a co-packer or commissary kitchen?
Do I need to collect sales tax on cottage food sales in Wyoming?
Can I sell at fairs, festivals, and special events?
Recent Law Changes (Changelog)
Wyoming's Food Freedom Act has been actively evolving. If you've been selling for a while, here's what's changed in recent years, and what's on the horizon for your business.
July 1, 2025 — Wyoming PRIME Act (SF0120 / Enrolled Act No. 16)
This amendment added §§11-49-103(n) and (o) to the Food Freedom Act, creating a pathway for producers to sell homemade meat products from cattle, sheep, swine, and goats raised on their own property, slaughtered on their premises or at a custom slaughter facility, sold directly to informed end consumers in Wyoming. The pathway requires a prominent written warning to the consumer and prohibits resale or commercial redistribution. However, this pathway is dormant. It only takes effect when the governor certifies — on advice of the attorney general — that federal law permits direct-to-consumer sales of uninspected meat products (§11-49-103(o)). As of early 2026, that certification has not occurred. The law was effective July 1, 2025, for its non-contingent provisions, but the meat-sales pathway remains in a holding pattern.
2023 — Designated Agent & Retail Expansion (SF0102)
This was the last significant operational amendment to the Food Freedom Act. SF0102 expanded the definition and use of "designated agents" (§11-49-102(a)(xii)) to include consignment model markets and "food freedom stores," and clarified that non-potentially hazardous food, eggs, and dairy products could be sold through third-party retail shops and grocery stores — not just direct to consumers. The amendment also reinforced that retail displays must be separated from licensed food products.
2020 — The Big Amendment (HB 84)
The 2020 amendment added the dual sales cap ($250,000 revenue + 250,000 products), enabled indirect retail sales (which weren't previously allowed), removed the "home consumption" restriction (allowing items like wedding cakes that wouldn't typically be consumed in a private home), and introduced the "designated agent" concept in its initial form.
How Wyoming Compares
Wyoming vs. Similar States
Key metrics across states with similar baker populations.