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 sales | Allowed |
| Program | Residential Kitchen (Retail Residential Kitchen / 'Cottage Food Operation' under 105 CMR 590; separate Wholesale Residential Kitchen license under 105 CMR 500) |
| Annual sales cap | None specified |
| Sales channels | Direct 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
- Read the primary source (linked below) — caps and food lists are specific and they change.
- Label honestly — most programs require your name, address or registration, and a made-in-a-home-kitchen disclosure on packaging.
- Get your free EIN at irs.gov and open a separate account for food money.
- Take payment at order time — prepaid orders with a weekly cutoff are how home sellers stay profitable AND within caps.
- 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