Update: See our blog post that explains revisions to Ohio’s Cottage Food Laws made in February, 2016. The post is available here.
In Ohio, thanks to our cottage food law, there are certain types of low risk food products you may produce and sell right out of your home kitchen with no inspection or licensing requirements. This is perfect for anyone who wants to test the market for their food product without the risk of investing a lot of money in a storefront. We have already discussed the requirements for a cottage food production operation here. As promised, we are now going to turn to the specific food products that Ohio law defines as “cottage foods.”
Only food products that are non-potentially hazardous fall into the cottage food category. Ohio Administrative Code Section 901:3-20-04 lists the food items approved as cottage food products. This list is very specific and includes the following food products:
- Non-potentially hazardous bakery products (such as cookies, breads, brownies, cakes, and fruit pies)
- Jams
- Jellies
- Candy (including no-bake cookies, chocolate covered pretzels or similar chocolate covered non-perishable items)
- Fruit butters
- Granola, granola bars, granola bars dipped in candy
- Popcorn, flavored popcorn, kettle corn, popcorn balls, caramel corn (does not include un-popped popping corn)
- Unfilled, baked donuts
- Waffle cones
- Pizzelles
- Dry cereal and nut snack mixes with seasonings
- Roasted coffee, whole beans or ground
- Dry baking mixes in a jar (for making items like breads and cookies)
- Dry herbs and herb blends
- Dry seasoning blends (such as dry barbeque rubs and seafood boils)
- Dry tea blends
If there is a specific food product you want to produce in your home but it is not in the cottage food definition, you may need to obtain a home bakery license. For an explanation of home bakery products and requirements for home bakery licenses, see this post.
If the food item you want to produce is not in the cottage food or home bakery definitions, then you likely need to produce the product in a facility licensed by the Ohio Department of Agriculture or local county health department. For example, salsas, BBQ sauces, canned vegetables, frozen foods and homemade hummus must be produced in a licensed facility. Specifically, salsas, BBQ sauces, and canned vegetables must be produced in a licensed cannery facility. Licensing information for these types of food products is available on the Ohio Department of Agriculture’s website. If you’re not ready or able to obtain one of these licenses, you may be able to produce your food in a “food business incubator” facility that is already licensed. Several programs in Ohio provide their licensed facilities for use by food entrepreneurs, such as ACEnet’s Food Manufacturing and Commercial Kitchen Facility in Athens or CIFT’s Northwest Ohio Cooperative Kitchen in Bowling Green; these programs also provide additional support for developing food products.
If you want to produce a home-based food product, first review these questions:
- Is the food product in Ohio’s definition of “cottage foods?” If so, you do not need a license.
- If the food product is not a “cottage food,” is it a “home bakery” product? If so, you will need to obtain a home bakery license and pass a home kitchen inspection.
- If the food product is not a “cottage food” or “home bakery” product, is there another licensed facility where you can produce the product? You cannot produce the food in your home; unless you are able to use a facility that already has a license, you must obtain the appropriate license from the Ohio Department of Agriculture or your county health department.
Ohio’s cottage food regulations are here.
Ohio Agricultural Law Blog 
Ohio Cottage Food laws are less complicated than in Illinois. I’ll be moving to Ohio soon and so glad to know there is less red tape for my product to be sold. Too bad that I can’t see to other states via a website I’m creating to have others order my product but I won’t complain. So glad that since I’m moving to Ohio, it will be easier to set up my business. Thanks for all the great info!
Would coffee syrup (basically simple syrup with extracts) be okay under cottage food law?
No, coffee syrup would not be permitted under the cottage food law.
Would homemade caramels dipped in chocolate be considered a cottage food?
They would likely be considered a candy and fall under the cottage food category, but you should check with the Ohio Department of Food Safety at (614) 728-6250 to be sure.
I would like to market my hot sauce. Would that be allowed under the cottage food guidelines?
No hot sauce would not be permitted under the cottage food guidelines. Hot sauce must be produced in a licensed cannery facility. Licensing information for these types of food products is available on the Ohio Department of Agriculture’s website. If you’re not ready or able to obtain one of these licenses, you may be able to produce your food in a “food business incubator” facility that is already licensed. Several programs in Ohio provide their licensed facilities for use by food entrepreneurs, such as ACEnet’s Food Manufacturing and Commercial Kitchen Facility in Athens or CIFT’s Northwest Ohio Cooperative Kitchen in Bowling Green; these programs also provide additional support for developing food products.
May we have house pets if we are baking and selling under the Ohio Cottage Law?
Yes you may, there are no restrictions on having pets in the house when you are producing food products under the cottage food laws in Ohio. However, it is still important to keep food safety in mind. You want to make sure you take precautions – such as keeping the pets out of your kitchen while you are baking, cleaning thoroughly, etc.
What kind of license would I need for baked goods that are infused with alcohol, and fruit infused with alcohol? Would this fall under cottage foods?
Fruit infused with alcohol is not likely permitted under any license. You may be permitted to bake goods that are infused with alcohol, depending on the amount of alcohol. To find out for sure, you should contact the Ohio Department of Agriculture Division of Food Safety at 614-728-6250.
what about hot pretzels?
If you bake the pretzels and they don’t contain any potentially hazardous ingredients such as a cream filling that requires temperature control, then they are a baked good that falls under the Cottage Food Law. A license or inspection is not required, but you still must meet the cottage food labeling requirement. If you prepare the pretzels in another fashion, such as deep frying, then I don’t believe they are “baked goods” that fall under the cottage food definition. That type of preparation may require a Retail Food Establishment license; check with your local county health department or the Ohio Department of Agriculture.
Would homemade blackberry pancake syrup be allowed? It is the same recipe I use for jam but without the pectin.
what about chips? what about chips made with a mix instead of a sliced potato?
At first glance, this does not appear to be a cottage food. How are the chips prepared?
What about homemade pasta? does it fall under cottage law foods? fried items?
No, neither dried pasta or fried items are defined as cottage foods in Ohio.
I do have a home bakery. I have a legion type hall that serves food at functions at the hall. Can they purchase fruit pies from my home bakery then serve them at their functions?
Yes, foods from a licensed home bakery may be offered for human consumption in a food service operation or retail food establishment. See Ohio Administrative Code 3717-1-03.1 Food: sources, specifications, and original containers.
I am working on a new venture, making potatoe salad to placed in jars for distribution. What category would this item be in.
Potato salad is not a cottage food. It is a potentially hazardous food that must be processed and canned in a licensed commercial kitchen.
Can I dehydrate vegetables. Like carrots and celery. And then put together soup mix in a jar. When some one purchases a jar all the have to add it meat and liquid. Is this allowed under cottage foods
The recent changes to the regulations added dry soup mix as a cottage food, but you may only use “commercially dried” vegetables to the mix. You could not include vegetables that you dehydrated yourself to the soup mix, as it would no longer fit the definition of a cottage food.
Cc an you sell chocolate covered apples, caramel apples or candied applies under ohio cottage food law?
No. Recent revisions to the cottage food law clarified that any fresh fruit dipped in candy is not a cottage food. Contact your local health department about the licensing and inspection necessary to produce this type of food.