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  1. Vendor Guides
  2. New Hampshire Cottage Food

New Hampshire 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
Homestead Food License law, RSA 143-A:12 through 143-A:13, with the exemption at RSA 143-A:5, VII and rules at He-P 2300
Regulated by
New Hampshire DHHS, Division of Public Health Services, Food Protection Section
Annual sales cap
none (the cap was removed entirely effective October 3, 2023; it was historically $20,000, raised to $35,000 in 2022, then eliminated; what triggers the license now is the sales channel, not revenue)
Official details
State cottage food page

Do you need a license to sell homemade food in New Hampshire?

Two tiers based on sales channel, not revenue. Exempt tier: no license, registration, or routine inspection if you make non-potentially-hazardous foods in your primary NH residence and sell from the home, your own farm stand, farmers markets, or retail food stores. Licensed tier: a Homestead Food License (Class H, $150 per year) is required to sell to restaurants or other food establishments, over the internet, by mail order, or to wholesalers; applicants submit a product list, sample label, and process review documentation for certain acid foods. Separately, freeze-dried fruits and vegetables and commercially prepared dairy require a full food processing license under a 2025 amendment.

None. Neither the statute nor the He-P 2300 rules require food safety training for homestead operations at either tier; courses are voluntary.

What foods are allowed

Non-potentially-hazardous foods made in the home kitchen of your primary residence. The He-P 2300 rules list: baked items (breads, rolls, muffins, cookies, brownies, cakes), double-crusted fruit pies, candy and fudge, packaged dry products including spices and herbs, acid foods including vinegars and mustards, and jams and jellies. A 2024 statute amendment removed processed acidified foods from the prohibited definition, potentially opening items like pickles and salsa, but the rules have not caught up, so confirm with the Food Protection Section before selling those.

Potentially hazardous foods (anything needing refrigeration: cheesecake, cream or custard pies, meat or dairy products) and low acid canned foods. Freeze-dried fruits, vegetables, and commercially prepared dairy fall outside the homestead framework and need a separate processing license. UNH Extension notes beverages like kombucha and cold brew coffee do not qualify.

Where you can sell and how much

Exempt tier: direct sales from the homestead residence, your own farm stand, farmers markets, and retail food stores (an unusually broad allowance). Licensed tier ($150 Class H): everything above plus restaurants and other food establishments, internet sales, mail order, and wholesale. Online and shipped sales are allowed in NH, but only with the license.

Annual sales cap: none (the cap was removed entirely effective October 3, 2023; it was historically $20,000, raised to $35,000 in 2022, then eliminated; what triggers the license now is the sales channel, not revenue).

Labeling requirements

Every packaged product needs: the operation's name, physical or email address, and phone number; product name; ingredients in descending order by weight; allergen information; and a batch number or date of manufacture. Key statements must be at least 10-point type in a contrasting color. Exempt products must state: 'This product is exempt from New Hampshire licensing and inspection.' Licensed products carry a licensed-by-DHHS statement instead, plus net weight in both US and metric units. A 2025 amendment lets sales from the home or your own farm stand replace the on-label ingredient list with a QR code or website link if a physical ingredient sign is posted; full labels are still required everywhere else.

Sales tax and local rules

New Hampshire has no state or local sales tax, so there is no sales tax to collect, no seller's permit, and no filings.

Roughly 15 NH cities and towns (including Manchester and Nashua) are self-inspecting jurisdictions that license food establishments locally instead of the state; if you live or sell in one, check with the local health officer. Farmers markets set their own vendor rules, and home-based business activity can be subject to local zoning.

DHHS can impose administrative fines up to $2,000 per offense after notice and hearing. Criminal penalties scale from a violation for a first offense to misdemeanors for repeats, and operating without a required license can be enjoined.

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

New Hampshire cottage food FAQ

Can I sell homemade food in New Hampshire?

Yes, under Homestead Food License law, RSA 143-A:12 through 143-A:13, with the exemption at RSA 143-A:5, VII and rules at He-P 2300. Two tiers based on sales channel, not revenue. Exempt tier: no license, registration, or routine inspection if you make non-potentially-hazardous foods in your primary NH residence and sell from the home, your own farm stand, farmers markets, or retail food stores. Licensed tier: a Homestead Food License (Class H, $150 per year) is required to sell to restaurants or other food establishments, over the internet, by mail order, or to wholesalers; applicants submit a product list, sample label, and process review documentation for certain acid foods. Separately, freeze-dried fruits and vegetables and commercially prepared dairy require a full food processing license under a 2025 amendment.

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

Non-potentially-hazardous foods made in the home kitchen of your primary residence. The He-P 2300 rules list: baked items (breads, rolls, muffins, cookies, brownies, cakes), double-crusted fruit pies, candy and fudge, packaged dry products including spices and herbs, acid foods including vinegars and mustards, and jams and jellies. A 2024 statute amendment removed processed acidified foods from the prohibited definition, potentially opening items like pickles and salsa, but the rules have not caught up, so confirm with the Food Protection Section before selling those. Potentially hazardous foods (anything needing refrigeration: cheesecake, cream or custard pies, meat or dairy products) and low acid canned foods. Freeze-dried fruits, vegetables, and commercially prepared dairy fall outside the homestead framework and need a separate processing license. UNH Extension notes beverages like kombucha and cold brew coffee do not qualify.

Is there a sales limit for cottage food in New Hampshire?

Yes: none (the cap was removed entirely effective October 3, 2023; it was historically $20,000, raised to $35,000 in 2022, then eliminated; what triggers the license now is the sales channel, not revenue).

Where can I sell cottage food in New Hampshire?

Exempt tier: direct sales from the homestead residence, your own farm stand, farmers markets, and retail food stores (an unusually broad allowance). Licensed tier ($150 Class H): everything above plus restaurants and other food establishments, internet sales, mail order, and wholesale. Online and shipped sales are allowed in NH, but only with the license.

What has to be on my label in New Hampshire?

Every packaged product needs: the operation's name, physical or email address, and phone number; product name; ingredients in descending order by weight; allergen information; and a batch number or date of manufacture. Key statements must be at least 10-point type in a contrasting color. Exempt products must state: 'This product is exempt from New Hampshire licensing and inspection.' Licensed products carry a licensed-by-DHHS statement instead, plus net weight in both US and metric units. A 2025 amendment lets sales from the home or your own farm stand replace the on-label ingredient list with a QR code or website link if a physical ingredient sign is posted; full labels are still required everywhere else.

Do I charge sales tax on cottage food in New Hampshire?

New Hampshire has no state or local sales tax, so there is no sales tax to collect, no seller's permit, and no filings.

Find places to sell in New Hampshire

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

Official sources

  • RSA 143-A:12, Homestead Food License Required
  • RSA 143-A:5, Exemptions (homestead exemption)
  • He-P 2300 Food Protection rules (exempt and licensed homestead operations)
  • NH DHHS, Homestead Food Operations
  • UNH Extension, Selling Homemade Food Products in NH

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

Cottage food laws in other states

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