New York

Dept - Agriculture, Division of Food Safety and Inspection
Contact - Must have separate commercial kitchen
Home Kitchen Use - must be licensed
Requirements - regulations: http://www.agmkt.state.ny.us/FS/industry/04circs/rulesandregsretailCIR962.pdf
License Application: http://www.agmkt.state.ny.us/FS/license/pdfs/FSI-303.PDF
Business license - issued at county level

(I know part of that doesn't exactly make sense under "Contact" and "Home Kitchen Use" but that is what is in the book. Hopefully the websites listed will help.)

FYI...Kentucky is a NO. You have to be a Farmer, using an ingredient that you grew yourself. If that's not the case, then you cannot make and sell food products out of your home kitchen.

If you live in KY and DO HAVE a separate kitchen, here's a guideline for you:
http://www.ca.uky.edu/agc/pubs/FCS9/FCS9100/FCS9100.pdf

In addition it states that you can sell at craft shows and non profit events. Do you know how to find out what the government run Farmers Markets?

Does anyone have current information for Indiana? I have a copy of the cottage laws that passed in summer '09 but am still not sure. Thanks!

I actually have that book. I forgot about that. I'll have to go and look at it.

By the way, the author is a member of cake central. She is reallly nice and helpful.

Does anyone know about South Carolina?

Does anyone know about NJ?

Does anyone know about Rhode Island? I see that row is blank in the spread sheet. We might be moving there & I would like to know if I can get licensed. I'm in NC now.

I have Paula Spencer's book, which lists state by state. I live in PA, so you may want to dbl chk.....

NJ - Must use separate commercial kitchen. Dept of Health - 609-588-3123
RI - No, cannot use home kitchen. Dept Health - 401-222-2749

Again, this was taken from book, "Start a cake decorating business today."

Hope this helps!!!
~~jAIME

Thanks, Jaime! So if you can't use a home kitchen in RI - there's just no selling cakes at all?

Thought this might be helpful. Incubator and Commercial Kitchens for Rent in different states.

http://cookingwithdenay.com/incubator-and-commercial-kitchens-for-rent/

Does anyone know anything about the laws in Maryland? The list says no, but I was under the impression that it was done county to county. ANyone?

I found this article. It may help someone.
http://www.ehow.com/how_4771946_start-homebased-bakery.html

I recently spoke to a representative from the US Dept. of Agriculture and some changes in home food processing is coming down the pike. I will keep you posted and of course post the link as soon as something definitive is decided.

Individual states are changing their regs regarding home food processing with New Mexico being another addition to the list.

A new rule requiring permits for homemade foods sellers went into effect on Jan. 1, 2010 in New Mexico.

The permits are mandated by the state Environment Department and will cost $100. This will allow the sale of homemade goods including baked goods, tortillas, jams and jellies, dry mixes and candies.

To obtain a permit, home-based food processors must pay the fee, attend food safety training and allow the New Mexico Environment Department to inspect their kitchens. This new permit process was introduced to monitor the safety of goods sold at farmers markets, roadside stands, fairs and fiestas. Visit http://www.nmenv.state.nm.us/fod/Food_Program/HomeBasedProcessing.htm

If you are having trouble locating information on the home food processing rules for your state please let me know. The laws are changing quicker than I can keep up but I am trying.

Hope this NM info is helpful to someone. Everyone have a Healthy and Happy New Year! Sorry this is so late, just been tied up with a new book.

I already knew about my state's law (Colorado). It bothers me because I could really use more opportunity to refine my skills...decorating is really just a hobby for me, but I'd like it to be more..but what am I going to do; bake a wedding cake for my husband and kids to eat?

and I bet you anything that my kitchen is cleaner than most bakeries. I am ANAL about cleanliness, you could eat off my floor.

(and I wonder how well the states monitor for their law...I've looked around on our Denver craigslist and there are many posts offering cake decorating services out of people's homes. I am not included, because I know the law forbids it and don't want to pay any fines.)

I cannot open the file, is there any info about Oakland and Macomb Counties in Michigan?

Sarah - Michigan is a no, but there is currently a bill to make it legal, more info here:

http://www.texascottagefoodlaw.com/Facts.htm
You can always visit this site for links to the states where home bakeries are legal, I try very hard to keep it current.

Trying again to attach an updated PDF. May or may not work, so here is text. Sorry for the wonky formatting, CC is weird with long posts, it's really hard to edit the stuff near the bottom.
-------------------------------------------------------------------------------
Alabama  Yes*  Department of Public Health  Farmer's markets only. http://www.fma.alabama.gov/HomeProc.aspx

Alaska  No    

Arizona  No  Local Health Dept  http://www.azdhs.gov/phs/oeh/rs/pdf/fc2000.pdf

Arkansas  No    Randy Carter, Head of Food Service Establishment Inspection 501-661-2171

California  No  
  
Colorado  No  Local Health Dept  http://tri.co.gegov.com/tricounty/ -- Separate kitchen required

Connecticut  ?  Local Health Dept  http://www.ct.gov/dcp/lib/dcp/foodstandards_regs/regulations_on_bakeries.doc

Delaware  
    
Florida  No  Dept. of Agriculture and Consumer Services  http://www.doacs.state.fl.us/onestop/fs/foodsafe.html
      
Georgia  No  Dept. of Agriculture  

Hawaii  
    
Idaho  No    http://adm.idaho.gov/adminrules/rules/idapa16/0219.pdf

Illinois  No  Dept. of Public Health/  http://www.idph.state.il.us/rulesregs/rules-indexbytopic.htm#RETAIL%20FOOD

    Local Health Dept  
Indiana  Yes*    Only for roadside stands or farmer's markets. http://www.in.gov/isdh/files/HEA_1309_guidance_final_6_11_09.pdf

Iowa  Yes    http://www.extension.iastate.edu/Publications/PM1294.pdf
      
Kansas  Yes* Must sell only to individuals or Farmer's Markets  Dept of Agriculture  http://www.ksda.gov/faq/?p=1&cid=&filter=&department=5

      
Kentucky  ?  Cabinet for Family & Health Services  http://chfs.ky.gov/dph/info/phps/food.htm

Louisiana  No  Center for Environmental Health  http://www.dhh.louisiana.gov/offices/?ID=216

Maine  Yes  Dept. of Agriculture  http://www.maine.gov/agriculture/qar/permits.html

Maryland  No
    
Massachusetts  Yes  Dept. of Agricultural Resources  http://www.townofcohasset.org/health/res_kit_brochure.pdf

      
Michigan  No    "Department of Agriculture, Food and Dairy Division;
(517) 373-1060"

Minnesota  No  Department of Agriculture  http://www.extension.umn.edu/distribution/businessmanagement/DF3220.html
  
    
Mississippi  No  Dept. of Health  http://www.msdh.state.ms.us/msdhsite/_static/30,3432,77,311.html

Missouri  Varies by County  Local Health Dept  http://www.dhss.mo.gov/FoodSafety/Faq.html#homefood
Montana      
Nebraska  Yes *  Department of Agriculture  * Must not advertise. Must do cakes less than 3 days/week.
      http://www.agr.ne.gov/division/daf/food.htm
Nevada  No    
New Hampshire  Yes  Department of Health & Human Services  http://www.dhhs.nh.gov/DHHS/FOODSANITATION/ELIGIBILITY/residential-kitchens.htm
New Jersey  No  Dept. of Health  http://www.bernardshealth.org/Homepages/Document/Chapter%202012.pdf
New Mexico  Yes  New Mexico Environment Department  http://www.nmenv.state.nm.us/fod/Food_Program/HomeBasedProcessing.htm
New York  Varies by County  Dept. of Agriculture  http://www.agmkt.state.ny.us/FS/general/license.html
      
North Carolina  Yes  Department of Agriculture and Consumer Services  http://www.agr.state.nc.us/fooddrug/food/homebiz.htm
      
North Dakota  No  Local Health Department  
Ohio  Yes  Dept. of Agriculture  http://www.ohioagriculture.gov/pubs/divs/food/food-licensing.stm
      
Oklahoma  No  Dept. of Health  http://www.tulsa-health.org/food-safety/faq/
Oregon  Yes  Dept. of Agriculture  http://www.oregon.gov/ODA/FSD/docs/pdf/pub_domkit.pdf
      
Pennsylvania  Varies by Municipality  Dept. of Agriculture  http://www.agriculture.state.pa.us/agriculture/lib/agriculture/foodsafetyfiles/publications/Home_Processing_rev_11-05.doc
Rhode Island      
South Carolina  No  Dept. of Health and Environmental Control  http://www.scdhec.gov/health/envhlth/food_protection/permits.htm
South Dakota  No  Dept. of Health  
Tennessee  Varies by County  Dept. of Agriculture  http://cakefun.blogspot.com/2005/08/tn-farmers-market-vendors-can-sell.html
      http://www.state.tn.us/agriculture/regulate/permits/permit4.html
      http://tennessee.gov/sos/rules/0080/0080-04/0080-04-11.pdf
Texas  No  Dept. of Health/  http://www.dshs.state.tx.us/foodestablishments/rules.shtm

    Individual County  
Utah  Yes  Dept. of Agriculture  http://ag.utah.gov/regsvcs/food_compliance.html http://ag.utah.gov/regsvcs/ProposedRuleIntroductionLetter.pdf

Vermont  
    
Virginia  Yes  Dept. of Agriculture  (804) 786-3520

Washington  Varies by County  Local Health Dept  

West Virginia  Varies by County  Local Health Dept  

Wisconsin  No
    
Wyoming  Yes*  Dept. of Agriculture  http://legisweb.state.wy.us/2009/Introduced/HB0016.pdf

I'm surprised no one has updated the information for Iowa. While the link would lead you to believe it's A-OK, each county is different, and the requirements within each county are different. It was a nightmare for me to get through the red tape - and I actually have a second kitchen! Anyway, someone might argue with me, but from my last two years of research, I believe every county is different...

after reading posts and and then gov. red tape etc.. I found this statement on e-how for home bakery. it was dated 2009.

Did you know there are currently 11 states that allow home-based bakers to sell their baked goods directly to the public. The states are: Iowa, Kentucky, Maine, New Hampshire, North Carolina, Ohio, Pennsylvania, Tennessee, Utah, Virginia, and Vermont; along with numerous counties across the United States.

Thankfully my county in ky just doesn't give a fig. They told me, just do whatever. I guess that comes from living in a rural area where there are NO bakeries except home bakers. (okay there are walmart and kroger options. but ewe !!!) don't get me wrong there may be some food chain bakeries that are good, ours isn't.

tesso...where in KY are you?

Does the link above work for anyone? I can't get it to work. I'm looking for info on Rhode Island & New Jersey.

greengyrl26, I saw you were asking someone else about where they live in KY... I am in Scott County. Where are you?

NJ is absolutely not but we are trying to change the law

Aww! So sad to hear!!! We may be moving there from NC where it is definitely a state that allows home-base bakers.

I live in Florida, and I have been trying to rent space in a licensed commercial kitchen to bake a specialty bread without success. I have gone to several websites for available renting space, called churches, schools, caterers, restaurants and cake bakeries to no avail. I have done some initial market research with several restaurants in my area, and had an overwhelming response but since I do not have a permit, they can't sell it in their restaurants. Since there isn't a Cottage Law in Florida, I sent President Obama an email about getting the Cottage Law in all states in order to allow people to make a living especially since the financial crisis doesn't look like it's going to end anytime soon. I said it would create businesses, jobs for inspectors, create revenue from inspection and permit fees and empower Americans. No response of course. I know other people are in my position. How do we go about changing the law. Thank you.