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  1. Vendor Guides
  2. Mississippi Cottage Food

Mississippi Cottage Food Laws (2026): Selling Homemade Food Legally

This is general information, not legal or tax advice. Permit and tax rules change, and your situation may differ. Always confirm current requirements with the official state agency linked in this guide, and consult a licensed attorney or tax professional for advice about your specific business.Last verified against official state sources: 2026-06-12

Quick answer

Law / program
Mississippi Cottage Food Law (Miss. Code 75-29-951, amended by HB 326 effective July 1, 2020)
Regulated by
Mississippi State Department of Health (MSDH), Food Protection Division
Annual sales cap
$35,000 in gross annual sales (raised from $20,000 in 2020; bills to raise it further died in 2024, 2025, and 2026, so it remains current)
Official details
State cottage food page

Do you need a license to sell homemade food in Mississippi?

No permit, license, registration, or fee; no routine inspection (MSDH may enter only on a complaint). Products must be made and stored in the kitchen of your private home; outbuildings and rented kitchens are not allowed, and home equipment is fine.

None required, though MSDH highly encourages it for anyone making acidified or pickled products because of botulism risk.

What foods are allowed

Non-potentially-hazardous foods on MSDH's list: cream-free baked goods, candy, chocolate-covered pretzels and nuts, dried fruit (no melons), dried pasta, spices, dry mixes, granola, fruit pies, standard jams and jellies, popcorn, vinegar and mustard, waffle cones, and acidified pickled products at pH 4.6 or below. A genuine Mississippi quirk: chocolate-covered strawberries and caramel apples are allowed only with whole uncut fruit sold without the stick inserted (the customer adds it after purchase).

Meat, fish, poultry, dairy (including custard pies), cooked vegetables, sliced melons, garlic in oil, nut butters, juices, rice, low-acid canned foods, sugar-free jams, and all beverages and liquid foods (home water sources cannot be verified as potable). Catering is not permitted.

Where you can sell and how much

In-person, producer-to-end-consumer sales within Mississippi only: craft fairs, farmers markets, festivals, roadside stands, and home pickup, with you present to sell. Since 2020 you may advertise online including social media, but the sale itself must complete in person; internet sales, mail order, shipping, wholesale, retail, and consignment are all prohibited.

Annual sales cap: $35,000 in gross annual sales (raised from $20,000 in 2020; bills to raise it further died in 2024, 2025, and 2026, so it remains current).

Labeling requirements

Prepackaged with a label: operation name and address, product name, ingredients by weight, net weight or volume, federal allergen info (tree nuts by specific type), nutrition info if claims are made, and in at least 10-point contrasting type: 'Made in a cottage food operation that is not subject to Mississippi's food safety regulations.'

Sales tax and local rules

Mississippi taxes groceries, though the rate dropped from 7 to 5 percent in July 2025 for SNAP-eligible foods (7 percent otherwise). The useful break: Mississippi-made food products sold at farmers markets certified by the Department of Agriculture and Commerce are sales-tax exempt, so check a market's certification; craft fair sales generally need DOR registration and tax collection.

Check your city (or county if outside city limits) for business license requirements; the state law does not preempt local zoning, licensing, or tax rules.

Non-compliant operations are treated as illegal food establishments subject to closure plus fines up to $1,000, and refusing MSDH entry for a complaint inspection is grounds for action.

Selling non-food crafts too? See the Mississippi craft fair permit and sales tax guide.

Mississippi cottage food FAQ

Can I sell homemade food in Mississippi?

Yes, under Mississippi Cottage Food Law (Miss. Code 75-29-951, amended by HB 326 effective July 1, 2020). No permit, license, registration, or fee; no routine inspection (MSDH may enter only on a complaint). Products must be made and stored in the kitchen of your private home; outbuildings and rented kitchens are not allowed, and home equipment is fine.

What foods can I sell under Mississippi's cottage food law?

Non-potentially-hazardous foods on MSDH's list: cream-free baked goods, candy, chocolate-covered pretzels and nuts, dried fruit (no melons), dried pasta, spices, dry mixes, granola, fruit pies, standard jams and jellies, popcorn, vinegar and mustard, waffle cones, and acidified pickled products at pH 4.6 or below. A genuine Mississippi quirk: chocolate-covered strawberries and caramel apples are allowed only with whole uncut fruit sold without the stick inserted (the customer adds it after purchase). Meat, fish, poultry, dairy (including custard pies), cooked vegetables, sliced melons, garlic in oil, nut butters, juices, rice, low-acid canned foods, sugar-free jams, and all beverages and liquid foods (home water sources cannot be verified as potable). Catering is not permitted.

Is there a sales limit for cottage food in Mississippi?

Yes: $35,000 in gross annual sales (raised from $20,000 in 2020; bills to raise it further died in 2024, 2025, and 2026, so it remains current).

Where can I sell cottage food in Mississippi?

In-person, producer-to-end-consumer sales within Mississippi only: craft fairs, farmers markets, festivals, roadside stands, and home pickup, with you present to sell. Since 2020 you may advertise online including social media, but the sale itself must complete in person; internet sales, mail order, shipping, wholesale, retail, and consignment are all prohibited.

What has to be on my label in Mississippi?

Prepackaged with a label: operation name and address, product name, ingredients by weight, net weight or volume, federal allergen info (tree nuts by specific type), nutrition info if claims are made, and in at least 10-point contrasting type: 'Made in a cottage food operation that is not subject to Mississippi's food safety regulations.'

Do I charge sales tax on cottage food in Mississippi?

Mississippi taxes groceries, though the rate dropped from 7 to 5 percent in July 2025 for SNAP-eligible foods (7 percent otherwise). The useful break: Mississippi-made food products sold at farmers markets certified by the Department of Agriculture and Commerce are sales-tax exempt, so check a market's certification; craft fair sales generally need DOR registration and tax collection.

Find places to sell in Mississippi

Browse upcoming craft fairs and markets in Mississippi with booth fees and application deadlines, and use the booth ROI calculator to plan a profitable season.

Official sources

  • MSDH Cottage Foods
  • MSDH Cottage Food Operation FAQ (rev. Sept 2023)
  • Miss. Code 75-29-951 as amended by HB 326 (2020)
  • MS DOR, Reduced Sales Tax on Groceries (July 2025)
  • MS DOR, Business Tax FAQ (farmers market exemption)

Last verified: 2026-06-12. Spotted something out of date? Let us know.

Cottage food laws in other states

AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWashington DCWest VirginiaWisconsinWyoming