Massachusetts — the rules

Selling Food From Home in Massachusetts: Cottage Food Rules (2026)

Yes — you can legally sell food made in your home kitchen in Massachusetts, under the Residential Kitchen (Retail Residential Kitchen / 'Cottage Food Operation' under 105 CMR 590; separate Wholesale Residential Kitchen license under 105 CMR 500). There is no state sales cap on the books. Here is exactly what that means.

Massachusetts at a glance

Home food salesAllowed
ProgramResidential Kitchen (Retail Residential Kitchen / 'Cottage Food Operation' under 105 CMR 590; separate Wholesale Residential Kitchen license under 105 CMR 500)
Annual sales capNone specified
Sales channelsDirect to consumers AND through retail/indirect channels

What foods are covered

non-potentially-hazardous only — foods safely held at room temperature (baked goods, jams, jellies); no cream-filled pastries, cheesecake, custard, pickled products, sauces, or cut produce; acidification/hot-fill/vacuum-pack processing prohibited (except thermal-processed jams/jellies)

Permits and registration

Retail Residential Kitchen permit from the LOCAL board of health (105 CMR 590.010(F)(2)(a)) for direct-to-consumer sales, with kitchen inspection before issuance and periodically after; a separate Wholesale Residential Kitchen license from MA DPH Food Protection Program (105 CMR 500.015(B)) is required to sell to stores/restaurants; permit fee set by each municipality (commonly ~$50-$300)

Going legal in Massachusetts: the plate-seller checklist

  1. Read the primary source (linked below) — caps and food lists are specific and they change.
  2. Label honestly — most programs require your name, address or registration, and a made-in-a-home-kitchen disclosure on packaging.
  3. Get your free EIN at irs.gov and open a separate account for food money.
  4. Take payment at order time — prepaid orders with a weekly cutoff are how home sellers stay profitable AND within caps.
  5. Build the storefront — a menu page, order-ahead with cutoffs, your own business line. Our free guide covers the whole playbook.

Sources and verification

Verified 2026-07 against: www.mass.gov · www.mass.gov · www.mass.gov · www.boston.gov. Rules change — confirm with the primary source before acting; this guide is information, not legal advice.

Questions people ask

Is it legal to sell food from home in Massachusetts?

Yes — under Residential Kitchen (Retail Residential Kitchen / 'Cottage Food Operation' under 105 CMR 590; separate Wholesale Residential Kitchen license under 105 CMR 500). Allowed foods and channels are specific; check the primary source.

How much can you sell under Massachusetts's cottage food law?

Massachusetts does not specify a state sales cap in the current rules.

Do you need a permit to sell food from home in Massachusetts?

Retail Residential Kitchen permit from the LOCAL board of health (105 CMR 590.010(F)(2)(a)) for direct-to-consumer sales, with kitchen inspection before issuance and periodically after; a separate Wholesale Residential Kitchen license from MA DPH Food Protection Program (105 CMR