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
Path 1 (Cottage Food): register with UDAF: application with a recipe for each product, labels, storage plan, and sales locations, a registration fee (UDAF invoices the amount; commonly reported around $50 but unpublished, so confirm at 801-538-7152), a home kitchen inspection, and a food handler permit. Path 2 (Homemade Food Act): no registration, permit, training, or inspection at all; only the Act's labeling and direct-sale conditions plus a city business license.
Path 1: a valid Utah food handler permit. Path 2: none.
Path 1: shelf-stable non-PHF foods: baked goods without cream or cream cheese frostings, jams, candy and chocolates, freeze-dried and cotton candy, dry mixes, dried fruit, herbs, nuts, popcorn, honey (with hive registration), roasted coffee, vanilla extract, and vinegar. Path 2: almost any homemade food or nonalcoholic drink including refrigerated TCS foods, with only raw dairy and most meat excluded (poultry under the federal 1,000-bird exemption is allowed).
Path 1: anything refrigerated, foods of animal origin, jerky, cheesecakes, custards, and canned low-acid or acidified foods. Path 2: raw dairy and meat products (with the poultry and pending rabbit carve-outs). Neither path covers alcohol.
Both paths are Utah-only. Path 1 is broader on venues: direct sales at markets, fairs, and from home, plus sales to stores for resale within Utah (restaurants cannot use cottage products as ingredients). Path 2 is direct-only: in-person sales to an informed final consumer at your home, farm, a direct-to-sale farmers market, or any agreed location (craft fair booths qualify), with the buyer told the product is uninspected; no retail, wholesale, or out-of-state shipping. A 2026 amendment lets a contracted designated representative sell on your behalf.
Annual sales cap: none on either path.
Path 1: full label with food name, ingredients, net quantity, allergens, business contact info, and the words 'Home Produced' (custom orders like wedding cakes are label-exempt with ingredients available on request). Path 2: producer's name and address, a disclosure like 'Not for Resale - Processed and prepared without the benefit of state or local inspection,' and an allergen statement, plus verbally informing the buyer; minor producers are exempt from labeling.
Utah taxes grocery food at a reduced 3 percent statewide rate, which covers packaged cottage foods sold without utensils. Prepared food (heated, combined for a single sale, or sold with utensils you provide) is taxed at the full combined rate, which matters for ready-to-eat fair items. A Utah sales tax license is needed.
Both paths require a city or county business license. State law preempts local health regulation of registered cottage operations, and Homemade Food Act producers are statutorily exempt from local food licensing, but zoning and event organizer rules still apply.
Utah Agricultural Code violations can bring civil penalties up to $5,000 per violation or class B misdemeanor prosecution, plus registration revocation; health authorities retain foodborne illness investigation powers under both paths.
Selling non-food crafts too? See the Utah craft fair permit and sales tax guide.
Yes, under Two paths: the UDAF Cottage Food Program (Utah Code 4-5-501) and the Home Consumption and Homemade Food Act (Title 4, Ch. 5a, the 2018 food freedom law). Path 1 (Cottage Food): register with UDAF: application with a recipe for each product, labels, storage plan, and sales locations, a registration fee (UDAF invoices the amount; commonly reported around $50 but unpublished, so confirm at 801-538-7152), a home kitchen inspection, and a food handler permit. Path 2 (Homemade Food Act): no registration, permit, training, or inspection at all; only the Act's labeling and direct-sale conditions plus a city business license.
Path 1: shelf-stable non-PHF foods: baked goods without cream or cream cheese frostings, jams, candy and chocolates, freeze-dried and cotton candy, dry mixes, dried fruit, herbs, nuts, popcorn, honey (with hive registration), roasted coffee, vanilla extract, and vinegar. Path 2: almost any homemade food or nonalcoholic drink including refrigerated TCS foods, with only raw dairy and most meat excluded (poultry under the federal 1,000-bird exemption is allowed). Path 1: anything refrigerated, foods of animal origin, jerky, cheesecakes, custards, and canned low-acid or acidified foods. Path 2: raw dairy and meat products (with the poultry and pending rabbit carve-outs). Neither path covers alcohol.
Yes: none on either path.
Both paths are Utah-only. Path 1 is broader on venues: direct sales at markets, fairs, and from home, plus sales to stores for resale within Utah (restaurants cannot use cottage products as ingredients). Path 2 is direct-only: in-person sales to an informed final consumer at your home, farm, a direct-to-sale farmers market, or any agreed location (craft fair booths qualify), with the buyer told the product is uninspected; no retail, wholesale, or out-of-state shipping. A 2026 amendment lets a contracted designated representative sell on your behalf.
Path 1: full label with food name, ingredients, net quantity, allergens, business contact info, and the words 'Home Produced' (custom orders like wedding cakes are label-exempt with ingredients available on request). Path 2: producer's name and address, a disclosure like 'Not for Resale - Processed and prepared without the benefit of state or local inspection,' and an allergen statement, plus verbally informing the buyer; minor producers are exempt from labeling.
Utah taxes grocery food at a reduced 3 percent statewide rate, which covers packaged cottage foods sold without utensils. Prepared food (heated, combined for a single sale, or sold with utensils you provide) is taxed at the full combined rate, which matters for ready-to-eat fair items. A Utah sales tax license is needed.
Browse upcoming craft fairs and markets in Utah with booth fees and application deadlines, and use the booth ROI calculator to plan a profitable season.
Last verified: 2026-06-12. Spotted something out of date? Let us know.