Is Cottage Food Legal in North Carolina? (2026)

Key facts

Status

Legal

Permit required

No

Jurisdiction

North Carolina

Last reviewed

2026-02-26

Cottage Food laws in North Carolina

North Carolina's cottage food laws, primarily governed by N.C. Gen. Stat. § 106-99.28, allow individuals to produce and sell certain non-potentially hazardous foods from their homes without needing a full commercial food establishment permit. These foods must not require time or temperature control for safety. The law specifies permissible foods, which generally include baked goods (like breads, cakes, cookies), jams, jellies, dried fruits, and snack mixes. Sales are typically restricted to direct consumer sales, such as farmers' markets, roadside stands, and community events, and in some cases, retail food establishments if specific labeling and sourcing requirements are met. Producers must comply with specific labeling requirements, including the name and address of the producer, ingredients in descending order by weight, net quantity, and a statement that the food is not inspected by the Department of Agriculture and Consumer Services. There are also limitations on the types of products that can be sold; for example, foods that require refrigeration, such as dairy products, meats, or certain custards, are generally not allowed. The North Carolina Department of Agriculture & Consumer Services (NCDA&CS) provides guidance and regulations related to these operations. While a full commercial kitchen license is not required, home kitchens must meet basic sanitation standards. Producers should familiarize themselves with the specific product lists and labeling requirements outlined by the NCDA&CS to ensure compliance and avoid potential issues. Sales limits might also apply, restricting the total annual revenue from cottage food sales.

Frequently asked questions

Is cottage food legal in North Carolina for travelers?

For travelers visiting North Carolina, cottage food is currently legal. North Carolina's cottage food laws, primarily governed by N.C. Gen. Stat. § 106-99.28, allow individuals to produce and sell certain non-potentially hazardous foods from their homes without needing a full commercial food establishment permit. These foods must not require time or temperature control for safety. The law specifies permissible foods, which generally include baked goods (like breads, cakes, cookies), jams, jellies, dried fruits, and snack mixes. Sales are typically restricted to direct consumer sales, such as farmers' markets, roadside stands, and community events, and in some cases, retail food establishments if specific labeling and sourcing requirements are met. Producers must comply with specific labeling requirements, including the name and address of the producer, ingredients in descending order by weight, net quantity, and a statement that the food is not inspected by the Department of Agriculture and Consumer Services. There are also limitations on the types of products that can be sold; for example, foods that require refrigeration, such as dairy products, meats, or certain custards, are generally not allowed. The North Carolina Department of Agriculture & Consumer Services (NCDA&CS) provides guidance and regulations related to these operations. While a full commercial kitchen license is not required, home kitchens must meet basic sanitation standards. Producers should familiarize themselves with the specific product lists and labeling requirements outlined by the NCDA&CS to ensure compliance and avoid potential issues. Sales limits might also apply, restricting the total annual revenue from cottage food sales.

Do I need a permit for cottage food in North Carolina?

North Carolina does not specifically require a permit for cottage food, though general regulations apply.

Can I transport cottage food through North Carolina?

Transport laws for cottage food in North Carolina depend on the specific item and your route. Generally, transport is allowed if you comply with state regulations. Always check states you pass through.

What are the penalties for cottage food violations in North Carolina?

Penalties for cottage food violations in North Carolina vary based on the specific offense. Always verify current laws before traveling.