New Hampshire Cottage Food Laws

New Hampshire uses revenue as the trigger for licensing rather than as a hard ceiling, which is a friendlier structure for growing bakers.

Important information: Cottage food laws vary by state and may change. This guide is provided for general educational purposes and is not legal advice. Always confirm current requirements with your state's official regulatory agency before selling homemade food.

This guide is our summary and hasn't been checked against an official source yet. One item needs confirmation (marked below). Confirm every fact with the New Hampshire Department of Health & Human Services before you rely on it.

Needs confirmation

  • Conflicting: We show $35,000. New Hampshire's 2024 rule (He-P 2300) still describes the exemption as under $20,000, while a 2022 bill proposed $35,000. Confirm with DHHS Food Protection.

Fast facts

Permit
License required above $35,000 in sales (summary)
Annual sales cap
$35,000/yr before licensing kicks in (conflicting)
Online sales
Limited (summary)
Shipping
Not allowed (summary)

What makes New Hampshire different

  • Under $35,000 in annual sales you can operate as a homestead food operation with no license
  • Above that threshold you need a homestead food license
  • Selling into retail stores requires the license tier

Where you can sell in New Hampshire

  • Direct to consumer
  • Farmers markets
  • Retail (licensed)
  • Events

What you can and can't make

These lists describe what most cottage food laws allow and prohibit. They aren't New Hampshire's official product list: check the New Hampshire Department of Health & Human Services for the foods New Hampshire actually allows.

Generally allowed

  • Breads, rolls, biscuits and buns
  • Cakes, cupcakes and brownies (without cream-cheese or custard fillings)
  • Cookies, bars and biscotti
  • Fruit pies and fruit-filled pastries
  • Candy, brittle, fudge and chocolate-covered items
  • Dry mixes, granola, popcorn and roasted nuts
  • Jams, jellies and preserves made from high-acid fruit

Generally prohibited

  • Cheesecake and cream-cheese frostings or fillings
  • Custard, meringue, pudding and Bavarian-cream pies
  • Anything containing meat, poultry or seafood
  • Fresh-dairy items, ice cream and buttercream that requires refrigeration
  • Canned vegetables, salsas and other low-acid canned goods
  • Garlic-in-oil, pickled goods and fermented foods (in most states)
  • Kombucha, juices and other beverages requiring a process authority

New Hampshire labeling requirements

Most states require the elements below. New Hampshire's exact list may differ, so confirm it with the New Hampshire Department of Health & Human Services.

  1. The name and physical address of your home kitchen business
  2. The common name of the product
  3. A full ingredient list in descending order by weight
  4. Allergen declaration for the major allergens (milk, eggs, wheat, soy, peanuts, tree nuts, fish, shellfish, sesame)
  5. Net weight or volume
  6. A cottage food disclosure such as "Made in a home kitchen that is not subject to routine state inspection"

Official source for New Hampshire

The New Hampshire Department of Health & Human Services administers cottage food rules in New Hampshire. Their page is the authoritative, current version of everything summarized here.

Visit the New Hampshire Department of Health & Human Services

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Cottage food laws in other states