State Guides4 min read
Kansas Cottage Food Laws 2026: No License, No Cap
Kansas has no cottage food license or sales cap. Sell non-potentially hazardous foods direct to consumers, including online and interstate shipping.
At a glance
- No license required.
- Kansas has no standalone cottage food act. Instead, K.S.A. 65-689(d)(4) exempts a person who produces food for direct-to-consumer distribution from the food establishment license requirement, provided the food does not require time and temperature control for safety or specialized processing.
- No sales cap.
- The statute sets no dollar or gross-sales threshold for the general exemption.
- Direct sales only.
- You must sell directly to the end consumer. Wholesale, consignment, and sales to restaurants or stores for resale require a license.
- Where you can sell.
- Direct sales include farmers' markets, similar locations, and internet sales including shipping, subject to the receiving state's requirements.
- Beekeeper honey route.
- A separate 2026 exemption allows beekeepers to sell packaged honey and honeycomb for resale at a retailer without a license, subject to a $35,000 gross sales cap and specific labeling.
What you can sell
Kansas law exempts food that "does not require time and temperature control for safety or specialized processing, as determined by the secretary" (K.S.A. 65-689(d)(4)).
Foods that require refrigeration or specialized processing are not allowed under the exemption. You can sell shelf-stable baked goods like cookies, cakes, brownies, muffins, and bread. Other allowed exempt foods include fresh fruits and vegetables, nuts, and honey. Traditional jams and jellies are allowed, but other home-canned products are prohibited without proper licensing.
How/where you can sell
Sales must be direct to the end consumer. Direct sales include farmers' markets, similar locations, and internet sales including shipping, subject to the receiving state's requirements. See your first sales from home for pricing and setup advice.
You cannot sell wholesale, on consignment, or to restaurants or stores for resale under the exemption. If you want to sell through those channels, you need a food establishment or food processing plant license from KDA.
Beekeeper honey and honeycomb exemption
A 2026 law creates a separate exemption for beekeepers. A beekeeper who sells honey or honeycomb for sale or resale at a retailer is exempt from the food establishment license requirement if they meet specific conditions (HB 2158, Sec. 1(b)). The beekeeper's annual gross sales from honey and honeycombs must not exceed $35,000. The honey and honeycomb must be packaged on the property of the beekeeper harvesting and selling such products, kept unaltered and free from additional additives, and the hive must have been located in Kansas when the honey was harvested. The beekeeper must maintain a record of sales available to KDA upon request.
This exemption requires a specific label, including a "honey" or "honeycomb" designation, the beekeeper's name, address, and zip code, the net weight, and a disclaimer stating: "Product not subject to routine inspection by the Kansas department of agriculture."
Labels
Kansas statute says a packaged food is misbranded unless it bears the name and place of business of the manufacturer, packer, or distributor, an accurate statement of the quantity of contents, and the common or usual name of the food and its ingredients. The exemption from licensing does not exempt you from inspection or regulation when a violation is observed or reported to the secretary. The block below lists the verified label rules.
Label rules last verified Oct 2, 2026 against 12 official sources. These rules rest mainly on agency guidance, so confirm the details with the agency.
Make a Kansas labelDirect-to-consumer exempt foods (home kitchen)
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required (K.S.A. 65-689(d)(4)). KDA: allowed at farmers' markets and similar locations (craft fairs, bazaars, fairs), and by internet sale including shipping, subject to the receiving state's requirements; examples are baked goods (cookies, breads, cakes, cinnamon rolls, fruit pies), fresh fruits and vegetables, nuts and honey; home-canned products other than traditional jams and jellies are prohibited; consignment, wholesale, and sales to restaurants or stores for resale need a licence. Kansas has no statute named for cottage food; this exemption is the Kansas equivalent.Required on the label
- Product nameThe common or usual name of the food, "if any" (e.g. apple pie).
- Net quantityAn accurate statement of the quantity of the contents in terms of weight, measure or numerical count; solids by weight and liquids by fluid measure; on the principal display panel (adopted 21 CFR…
- Business or producer nameName of the manufacturer, packer or distributor (the producer).
- Address"Place of business" in the statute and "address" in KDA guidance.
- Prominence and legibility of required label informationRequired information must be placed prominently and conspicuously, compared with other words and designs, so an ordinary person is likely to read and understand it.
Depends on your product or how you sell
- IngredientsWhen: The food is made from two or more ingredients.Common or usual name of each ingredient, in descending order of predominance by weight (21 CFR 101.4(a)(1)); an ingredient that itself contains two or more ingredients (e.g. enriched flour, butter) is…
- Artificial flavoring, artificial coloring or chemical preservativesWhen: The food contains artificial flavoring, artificial coloring or chemical preservatives.The label must state that fact.
The cottage food rules say nothing about allergens, date made. That does not make them optional: general food labeling rules may still apply, and the label generator lets you add them.
Beekeeper honey and honeycomb sold for resale at a retailer (2026 exemption)
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from honey and honeycombs do not exceed $35,000; the beekeeper follows the department's minimum sanitary standards; and keeps a record of sales (2026 HB 2158 § 1(b); in force since 2026-07-01). Honey sold directly to the end consumer is covered by the direct-to-consumer regime instead. This is a beekeeper exemption, not a home-kitchen exemption, and is included because it sits beside the home-food exemption in K.S.A. 65-689.Required on the label
Product not subject to routine inspection by the Kansas department of agriculture.
- Product nameA "honey" or "honeycomb" designation; the floral source may be part of the name if the product contains a significant amount of pollen from that flower.
- Net quantityThe net weight of the contents.
- Business or producer nameName of the beekeeper packaging the honey or honeycomb.
- AddressAddress and ZIP code of the beekeeper packaging the honey or honeycomb.
- Legible EnglishThe label information must be in legible English.
The cottage food rules say nothing about ingredients, allergens, date made. That does not make them optional: general food labeling rules may still apply, and the label generator lets you add them.
General labeling law: Kansas has no statute named for cottage food.
Sources (12)
- K.S.A. 65-689(d)(4) (food establishment and food processing plant licensing; exceptions)
- K.S.A. 65-665(e) (Kansas food, drug and cosmetic act: food deemed misbranded)
- K.S.A. 65-656 (definitions) - read; "label", "labeling", "distribution", "food establishment"
- Kansas Revisor of Statutes, 2026 Composite Listing of New, Amended & Repealed Statutes (K.S.A. order), August 13, 2026: lists K.S.A. 65-689 amended by 2026 HB 2158 § 2, effective 7/1/2026; no 2026 entry for 65-656 or 65-665
- 2026 HB 2158 (enrolled), § 2: amended K.S.A. 65-689, which keeps subsection (d)(4) unchanged and adds (d)(15)
- K.A.R. 4-28-2 (Adoption by reference), Kansas Administrative Regulations on rules.ks.gov; single version shown, history through 2013
- 21 C.F.R. § 101.4(a)(1), as revised April 1, 2011 (GovInfo), adopted by reference as a Kansas regulation by K.A.R. 4-28-2(a)(2)
- 21 C.F.R. § 101.5(d), as revised April 1, 2011 (GovInfo), adopted by reference as a Kansas regulation by K.A.R. 4-28-2(a)(2)
- 21 C.F.R. § 101.105(a), as revised April 1, 2011 (GovInfo), adopted by reference as a Kansas regulation by K.A.R. 4-28-2(a)(2)
- Kansas Department of Agriculture, "Food Sales at Farmers' Markets & Similar Locations"
- Kansas Department of Agriculture, Food Safety and Lodging FAQ, "Can I make food products in my home to sell to the consumer?"
- Kansas Department of Agriculture, Food Safety and Lodging, "Direct-to-Consumer Exempt Food Sales" presentation (A. Inman; file named 2018), slide "The Fine Print"
Before your first sale
- To do: Check every product and ingredient to ensure it does not require time and temperature control for safety.
- To do: Confirm your sales channel is direct to the end consumer; wholesale and resale require a license.
- To do: Print labels with the common name, ingredients, an accurate statement of the quantity of contents, and your name and place of business.
- To do: If you are a beekeeper selling honey for resale, verify your gross sales are under $35,000 and add the required disclaimer to your label.
Common questions
Is there a revenue cap on cottage food sales in Kansas?
No. The general exemption in K.S.A. 65-689(d)(4) has no dollar or gross-sales threshold. The only cap in Kansas law applies to beekeepers selling honey and honeycomb for resale at a retailer, whose annual gross sales from those products must not exceed $35,000 (HB 2158).
Can I ship cottage food products to other states?
Yes. Direct sales include internet sales including shipping, subject to the receiving state's requirements.
Can I sell cottage food to grocery stores or restaurants?
No, not under the license exemption. All sales must be direct to the end consumer. Kansas law requires a license for any person engaging in the business of conducting a food establishment or food processing plant. To sell through those channels, you must obtain a food establishment or food processing plant license from KDA.
Do I need a license to sell honey?
It depends. Under the general exemption, you can sell honey direct to consumers without a license. A 2026 law also exempts beekeepers who sell honey or honeycombs for sale or resale at a retailer, provided they meet specific conditions, including a $35,000 gross sales cap and packaging the honey on the property of the beekeeper harvesting and selling such products. Ask KDA which rules apply to your situation.
