β Real question from a New Hampshire cottage food producer
TL;DR: New Hampshire Cottage Food Laws Quick Answer
- Registration: Required with NH Dept of Revenue
- Allowed Products: Baked goods, jams, jellies, pickles, candies, dry goods
- Where to Sell: Unlicensed: direct sales only | Licensed: + online, wholesale, shipping
Last verified: January 2026 against RSA 143-A:12 Homestead Food License
New Hampshire recently made game-changing updates to its cottage food law. The result? One of the most producer-friendly systems in New England. No revenue cap for licensed operations, flexible sales channels, and a clear two-tier system.
π New Hampshire Cottage Food at a Glance
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Registration: Required with NH Dept of Revenue
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Revenue Cap:
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Licensed: Unlimited!
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Allowed Products: Baked goods, jams, jellies, pickles, candies, dry goods
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Where to Sell: Farmers markets, home, online (if licensed)
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Training: Not required
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Inspection: Not required (unless licensed and requested by DHHS)
β Great news: Licensed operators have NO revenue cap - sell as much as you want!
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Table of Contents
- Overview of New Hampshire Homestead Food Law
- Unlicensed vs Licensed: Two Tiers Explained
- Allowed Products in New Hampshire
- Prohibited Products
- Revenue Limits (Or Lack Thereof!)
- Labeling Requirements
- Registration Process
- Where You Can Sell
- Common Questions (FAQs)
- Get Started Today
Overview of New Hampshire Homestead Food Law
Key legislative history:
What Makes New Hampshire's Law Great
New Hampshire offers a two-tier system similar to California, giving you flexibility to start small or go big.
Key benefits:
- β Unlimited revenue for licensed operations (no cap!)
- β No home inspection required (in most cases)
- β Can sell online and ship (if licensed)
- β Can wholesale to stores and restaurants (if licensed)
- β No mandatory food safety training
Unlicensed vs Licensed: Two Tiers Explained
New Hampshire is one of the few states offering two distinct pathways for homestead food producers.
Side-by-Side Comparison
| Feature | Unlicensed | Licensed |
|---|---|---|
| Where to Sell | Own farm stand, farmers markets, home | All unlicensed venues + online, wholesale, retail |
| Online Sales | β Not allowed | β Allowed |
| Shipping/Mail Order | β Not allowed | β Allowed |
| Wholesale to Stores | β Not allowed | β Allowed |
| Wholesale to Restaurants | β Not allowed | β Allowed |
| Inspection | Not required | Not typically required* |
| Best For | Part-time, testing products | Full-time, scaling, online sales |
*NH DHHS reserves the right to inspect licensed operations if needed.
Which Tier Should You Choose?
Choose Unlicensed if:
- β You're just starting out
- β You only want to sell at farmers markets and your home
- β You want zero fees
- β You don't need online sales
- β You're doing this part-time or seasonally
Choose Licensed if:
- β You want to sell online (website, Etsy, social media)
- β You want to ship products to customers
- β You have (or want) wholesale accounts with stores or restaurants
- β You want unlimited revenue potential
- β You're treating this as a serious business
What Products Can I Sell Under New Hampshire Cottage Food Laws?
New Hampshire allows a wide variety of non-potentially hazardous foods (foods that don't require refrigeration for safety).
β Allowed Under Both Tiers
Baked Goods:
- Breads, rolls, biscuits, muffins
- Cookies, brownies, bars
- Cakes (without cream filling or cream cheese frosting)
- Double-crusted fruit pies (no cream or custard)
- Pastries, scones
- Unfilled donuts
Preserved Foods:
- Jams and jellies
- Fruit butters
- Pickles (properly acidified)
- Dried fruits
- Dried pasta
Confections:
- Candy, fudge
- Toffee, brittles
- Chocolate-covered items
- Marshmallows
Snacks & Dry Goods:
- Granola, trail mix
- Roasted nuts
- Packaged dry products (spice mixes, dry rubs)
- Crackers, chips
- Popcorn (including caramel corn)
Condiments:
- Honey
- Maple syrup
- Dried herbs and spices
- Tea blends
Important Product Notes
Maple Syrup: Popular in New Hampshire! Must comply with state maple syrup grading standards.
Baked Goods: Can contain eggs and dairy as ingredients (as long as the final product doesn't require refrigeration).
Product Guides for Cottage Food Sellers
Ready to start selling? These comprehensive guides cover everything from equipment and startup costs to pricing and marketing:
Baked Goods:
- How to Sell Cakes from Home β Startup costs, pricing, and decorating tips
- How to Sell Brownies from Home β Equipment, recipes, and market strategies
- How to Sell Bread from Home β Bread baking equipment and sales venues
- How to Sell Sourdough from Home β Starter maintenance, pricing, and scaling
- How to Sell Homemade Bread β Complete artisan bread business guide
- How to Sell Cookies from Home β Best-selling varieties and packaging
Preserves & Condiments:
- How to Sell Jams and Jellies β Canning basics, pricing, and labeling
- How to Sell Apple Butter β Production techniques and seasonal sales
- How to Sell Honey from Home β Beekeeping economics and honey regulations
- How to Sell Herbs from Home β Growing, harvesting, and drying techniques
Confections & Specialty:
- How to Sell Chocolates from Home β Tempering, molding, and gift packaging
- How to Sell Fudge from Home β Temperature control and flavor varieties
- How to Sell Spices from Home β Sourcing, blending, and packaging
Other Products:
- How to Sell Cut Flowers from Home β Growing, arranging, and market sales
What Products Are Prohibited Under Cottage Food Laws?
β NOT Allowed (Both Tiers)
Dairy-Based Items:
- Cheese (fresh or aged)
- Milk-based products (yogurt, kefir)
- Cream cheese frostings
- Custards, puddings
- Ice cream
Perishable/Refrigerated Items:
- Cream-filled pastries
- Cream pies or custard pies
- Cheesecakes
- Fresh produce
- Cut fruits or vegetables
Meat, Poultry & Seafood:
- Any products containing meat
- Poultry products
- Seafood
- Meat jerky
Other Restrictions:
- Low-acid canned goods (without approved process)
- Fermented foods (kombucha, sauerkraut) - unless properly acidified
- Cannabis-infused products
- Alcohol-infused products (except baked goods where alcohol cooks off)
- Pet food or treats
π‘ Rule of Thumb: If it needs refrigeration to stay safe, it's not allowed under homestead food operation law.
Revenue Limits (Or Lack Thereof!)
This is where New Hampshire really shines for serious producers.
What counts:
- β All gross sales of homestead food products
- β Sales at farmers markets, farm stand, home pickup
What doesn't count:
- β Sales tax collected
Licensed Operations: NO CAP! π
Maximum annual gross sales: UNLIMITED
What this means:
- β Scale your business as large as you want
- β No artificial ceiling on your earning potential
- β Compete with commercial operations (while still working from home)
Sales Tracking
Even without a cap (for licensed), you still need to track sales for:
- Income tax purposes
- Sales tax collection and remittance
- Business planning and growth
What Are the Labeling Requirements for Cottage Food in New Hampshire?
New Hampshire has specific labeling requirements for homestead food products. Every product must have a compliant label.
Required on Every Label:
- Product name
- Common name (e.g., "Blueberry Jam" not "Summer Harvest")
- Ingredients list
- Descending order by weight
- Include sub-ingredients in parentheses
- Example: "Blueberries, sugar, pectin, lemon juice"
- Allergen information
- List all major allergens
- Bold or separate line recommended
- Example: "Contains: Wheat, Milk, Eggs"
- Major allergens: milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soybeans
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Net weight or volume
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Your name and address
- Your business name
- Street address (can be home address or P.O. Box)
- County name
- Must include the county where your home kitchen is located
- Example: "Cheshire County"
- "Made in a home kitchen" statement
- Example: "Made in a home kitchen not subject to public health inspection that may also process common food allergens."
Example New Hampshire Label
Monadnock Mountain Bakery
Cheshire County
MAPLE WALNUT COOKIES
Ingredients: Wheat flour, butter (cream, salt), maple
syrup, brown sugar, walnuts, eggs, vanilla extract,
baking soda, salt
Contains: Wheat, Milk, Eggs, Tree Nuts (Walnuts)
Made in a home kitchen not subject to public health
inspection that may also process common food allergens.
How Do I Register to Sell Cottage Food in New Hampshire?
New Hampshire requires all homestead food operators (both unlicensed and licensed) to register with the Department of Revenue Administration.
Step-by-Step Registration
- Website: revenue.nh.gov
- Register as a business entity
- Obtain an EIN (Employer Identification Number) from the IRS (free)
For Unlicensed:
- No additional registration needed
- Only sell at allowed venues (farmers markets, home, farm stand)
For Licensed:
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Contact NH Department of Health and Human Services (DHHS)
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Request Homestead Food Operation License application
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Website: dhhs.nh.gov/homestead-food-operations
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Business name and contact information
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Home address (kitchen location)
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County name
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List of products you plan to make
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Sales channels you plan to use
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Paid to NH DHHS
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Renews annually
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Mail or email to NH DHHS
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Include payment
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Include label samples (recommended)
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You'll receive a license certificate
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Display at farmers markets/events (if requested)
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Separate from homestead registration
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Register with NH Department of Revenue
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No sales tax in New Hampshire! (but see note below)
Sales Tax Note
Consult with NH Department of Revenue if unsure.
Where Can I Sell Cottage Food in New Hampshire?
Sales venues depend on whether you're unlicensed or licensed.
Unlicensed Operations: Limited Venues
β Allowed:
- Your own farm stand (on your property)
- Farmers markets
- From your homestead residence (customer pickup)
β NOT Allowed:
- Online sales (website, Etsy, social media)
- Shipping or mail order
- Wholesale to stores
- Wholesale to restaurants
- Third-party events (not farmers markets)
Licensed Operations: All Channels Open
β Allowed (ALL CHANNELS):
- All unlicensed venues (farmers markets, home, farm stand)
- Online sales (your website, Etsy, social media)
- Shipping and mail order (within or outside NH)
- Wholesale to retail stores (grocery stores, specialty shops, co-ops)
- Wholesale to restaurants and cafes
- Wholesale to brokers and distributors
- Community events (festivals, fairs, craft shows)
β Interstate Commerce: Licensed operators can ship to other states (subject to destination state's laws).
Popular Sales Channels in New Hampshire
Top farmers markets for cottage food:
- Portsmouth Farmers Market
- Keene Farmers Market
- Concord Farmers Market
- Nashua Farmers Market
- Hanover Farmers Market
Online platforms:
- Your own website
- Etsy (for licensed operations)
- Instagram/Facebook (for licensed operations)
- Local food hubs and co-ops
Common Questions About New Hampshire Homestead Food Law
Q: Is there really no revenue cap for licensed operations?
Q: Do I need food safety training?
A: New Hampshire does not require food safety training for homestead food operators (unlicensed or licensed). However, taking a food handler course is highly recommended, especially if making pickled items or handling allergens.
Q: Do I need a business license?
Q: Can I sell at multiple farmers markets?
A: Yes! Both unlicensed and licensed operators can sell at as many farmers markets as they want. Just make sure each market allows homestead food vendors.
Q: Can I upgrade from unlicensed to licensed later?
Q: Can I ship out of state?
A: Yes, if you're a licensed homestead food operation. However, you must comply with the destination state's laws. Some states don't allow out-of-state cottage food sales.
Q: Do I need home inspection?
A: Generally, no inspection is required for homestead food operations in New Hampshire. However, NH DHHS reserves the right to inspect licensed operations if there's a complaint or concern.
Q: Can I make maple syrup?
A: Yes! New Hampshire is a top maple syrup producer. Homestead food operators can produce and sell maple syrup, but must follow state maple grading and labeling standards. Contact NH Dept of Agriculture for details.
Q: Can I hire employees?
A: Homestead food operations are intended for the operator (and potentially household members). Hiring outside employees is generally not allowed under this law. If you need employees, you'd transition to a licensed food establishment.
Q: Do I need insurance?
A: New Hampshire homestead food law doesn't require insurance, but:
- Wholesale accounts often require insurance
- It's smart to protect yourself
How Do I Get Started Selling Cottage Food in New Hampshire?
Ready to launch your New Hampshire homestead food business? Here's your action plan:
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Choose your products
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Decide on business name
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Register with NH Dept of Revenue Administration
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Get EIN from IRS (free, online)
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Design compliant labels (include county name!)
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Make first batch of products
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Find local farmers markets accepting vendors
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Choose your products
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Decide on business name
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Register with NH Dept of Revenue Administration
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Get EIN from IRS
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Contact NH DHHS for license application
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Complete license application
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Design compliant labels
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Gather label samples for submission
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Set up online sales platform (if planning online sales)
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Research wholesale opportunities
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Receive license approval
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Print labels
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Make first production batch
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Photograph products for marketing
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Launch sales across chosen channels!
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Start marketing (social media, website, farmers markets)
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Track sales and customer feedback
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Refine products and processes
Sources:
- NH Department of Health and Human Services - Last verified: October 15, 2025
- NH Department of Revenue Administration - Last verified: October 15, 2025
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Always verify current requirements with NH DHHS and local authorities. Cottage food laws can change.
