Kansas cottage food law

Selling home-baked goods in Kansas

How home bakers in Kansas can sell what they make: the sales limit, permits, training, where you can sell and the statement your labels must carry. Kansas has 2 ways to operate; each is shown below.

At a glance: Direct-to-consumer license exemption (food sold directly to the end consumer)

Sales limit: The state sets no yearly sales limit.
License or permit: No state permit or registration is required.
Food safety training: No food safety training is required by the state.
Online orders: Allowed per K-State MF3138: the exemptions 'would also apply to exempt foods sold online and shipped to the customer's home'.

Kansas also has 1 other way to sell, shown below.

About this information. Kansas’s rules are summarized from the latest publicly available state laws, regulations and agency guidance, last checked November 3, 2026. Laws change, and county and city health departments may have their own requirements. This is not legal advice. Before you sell, confirm the rules with your state or local health department.

Direct-to-consumer license exemption (food sold directly to the end consumer)

K.S.A. 65-689(d)(4), (e); K.A.R. 4-28-33; labeling K.S.A. 65-665 · K.S.A. 65-689 (L. 2001, ch. 203, sec. 3; amended L. 2008, ch. 48; L. 2012, ch. 145; L. 2018, ch. 71); amended again by 2026 HB 2158 (L. 2026, ch. 84), which kept (d)(4) and added (d)(15) for beekeepers. K.A.R. 4-28-33 effective 2013-05-31. Kansas has no cottage food statute; the foods covered are set by KDA as 'determined by the secretary'.

Yearly sales limit

No state limit
No dollar cap in K.S.A. 65-689(d)(4) or KDA guidance found.

Permit or registration

Not required by the state

Food safety training

Where you make it

A home kitchen may be used for exempt foods if it is clean and sanitary (K-State MF3138, rev. Jan. 2026; KDA 2022 presentation: 'Foods allowed to be prepared in a home kitchen and then sold without a license'). K.A.R. 4-28-33 applies: no animals in food preparation areas; protect food areas from rain, dust and pests; wash, rinse and sanitize food-contact surfaces (bleach 50-100 ppm for 10 seconds, or a food-contact sanitizer); no bare-hand contact with ready-to-eat food; handwashing; no work while sick (vomiting, diarrhea, jaundice, sore throat with fever, etc.); potable water (private well or spring: meet local test rules, or test at least yearly for nitrates under 20 mg/kg and zero total and fecal coliforms, copy on request); septic system approved by KDHE or the county sanitarian.

Selling in person

Allowed: directly to the end consumer, including from home, farmers markets, festivals, bazaars and craft shows (MF3138; KDA FAQ)

Phone and online orders

Allowed per K-State MF3138 (rev. Jan. 2026): the exemptions 'would also apply to exempt foods sold online and shipped to the customer's home'. Not stated in the statute or a KDA page that could be opened.

Delivery and shipping

Allowed per MF3138: 'delivered by the producer directly to the end consumer'

Selling out of state

Kansas does not forbid it, but the seller must meet federal rules and the other state's rules (MF3138). Home and Hearth Baker covers in-state sales only.

Stores and wholesale

Not allowed without a license: selling to stores, restaurants, co-ops or any business for resale needs a KDA license, generally a food processing license (MF3138; KDA FAQ)

Examples you can sell

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)). KDA calls these 'exempt foods' (KDA Food Safety FAQ). Detailed lists are in K-State MF3138 and MF3729 (reviewed by KDA), not in a statute or regulation.

Cookies, breads, cakes, cinnamon rolls, fruit pies, fruit cobbler (MF3138 Table 8)
Quick breads such as zucchini or banana bread, with the fruit or vegetables completely mixed into the batter and properly baked
Icing known to have more than 65% sugar by weight
Chocolate-dipped items that don't need refrigeration (pretzels, nuts); melting chocolate for decorating or dipping
Homemade candy and fudge (hard candy, caramels, toffee)
Shelf-stable freeze-dried candy, unless the candy needs refrigeration before freeze-drying
Fruit jams and jellies, apple butter, soda-based jelly
Dry baking mixes (cookie or brownie mix)
Dry snacks seasoned with oil and spices (e.g., dry pretzels)
Home-ground flour, cornmeal, popcorn, intact grain, dehydrated sourdough starter

Not allowed

Foods that need time and temperature control for safety, or specialized processing (K.S.A. 65-689(d)(4))
Cheesecake; cream or meringue pies; custards; pumpkin pie; quiche (MF3138 Table 9)
Cream-filled cupcakes or donuts; cream cheese frostings or fillings unless over 65% sugar (MF3138 Table 9)
Lemon curd (MF3138 Table 12)
Acidified foods and low-acid canned foods (need a license and Better Process Control School; MF3138)
Candy with more than 1% alcohol by volume (needs Kansas Department of Revenue licensing; MF3138)
Foods heat-treated before drying or freeze-drying; freeze-drying a food that needs refrigeration (MF3729)
Cream pies, cheesecakes, salsas, BBQ sauce (KDA 2022 presentation)

Beekeeper honey and honeycomb exemption

2026 HB 2158 sec. 1 (L. 2026, ch. 84, part of the Kansas food, drug and cosmetic act); K.S.A. 65-689(d)(15) · 2026 HB 2158 (Session Laws 2026, ch. 84), approved by the Governor 2026-04-09

Yearly sales limit

$35,000
Annual gross sales of honey and honeycombs may not exceed $35,000 (HB 2158 sec. 1(b)(5)). The House version had $25,000 and a KDA registration; the conference committee (2026-03-23) raised the cap and dropped registration.

Permit or registration

Not required by the state

Food safety training

Where you make it

Honey and honeycombs must be packaged on the property of the beekeeper who harvests and sells them, from hives located in Kansas when harvested (HB 2158 sec. 1(b)(1), (4)). A temperature-control kitchen or a kitchen permitted for commercial food preparation is not required (sec. 1(c)).

Selling in person

Allowed: sales by the beekeeper; the law names sale or resale at a retailer

Phone and online orders

Not addressed

Delivery and shipping

Not addressed

Selling out of state

Not addressed (Home and Hearth Baker covers in-state sales only)

Stores and wholesale

Allowed: honey may be sold for resale at a retailer (HB 2158 sec. 1(b))

Examples you can sell

Honey and honeycombs only, kept unaltered (raw, in original state after harvest and straining; not pasteurized) and free from additional additives (HB 2158 sec. 1(a), (b)(3))

Raw honey
Honeycomb

Not allowed

Pasteurized honey (not 'unaltered')
Honey with any added ingredient (e.g., flavored or infused honey)
Honey from hives outside Kansas
Any other food

The statement your labels must carry

Product not subject to routine inspection by the Kansas department of agriculture.

Common questions about Kansas’s cottage food law

Can I sell baked goods from home in Kansas?

Yes. Kansas lets home bakers sell food made in their own kitchen in 2 ways: Direct-to-consumer license exemption (food sold directly to the end consumer); Beekeeper honey and honeycomb exemption. Most baked goods that don’t need refrigeration qualify; see the examples on this page.

Do I need a license or permit to sell baked goods in Kansas?

Direct-to-consumer license exemption (food sold directly to the end consumer): No state permit or registration is required. Beekeeper honey and honeycomb exemption: No state permit or registration is required.

How much can I sell from home in Kansas?

Direct-to-consumer license exemption (food sold directly to the end consumer): The state sets no yearly sales limit. Beekeeper honey and honeycomb exemption: Up to $35,000 a year in sales.

Do I need food safety training in Kansas?

Direct-to-consumer license exemption (food sold directly to the end consumer): No food safety training is required by the state. Beekeeper honey and honeycomb exemption: No food safety training is required by the state.

Can I sell online or ship my baked goods in Kansas?

Direct-to-consumer license exemption (food sold directly to the end consumer): Online and phone orders: Allowed per K-State MF3138: the exemptions 'would also apply to exempt foods sold online and shipped to the customer's home'. Delivery and shipping: Allowed per MF3138: 'delivered by the producer directly to the end consumer'. Beekeeper honey and honeycomb exemption: Online and phone orders: Not addressed. Delivery and shipping: Not addressed.

Home and Hearth Baker knows Kansas’s rules

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Selling home-baked goods in Kansas

At a glance: Direct-to-consumer license exemption (food sold directly to the end consumer)

Direct-to-consumer license exemption (food sold directly to the end consumer)

Examples you can sell

Not allowed

Beekeeper honey and honeycomb exemption

Examples you can sell

Not allowed

The statement your labels must carry

Common questions about Kansas’s cottage food law

Can I sell baked goods from home in Kansas?

Do I need a license or permit to sell baked goods in Kansas?

How much can I sell from home in Kansas?

Do I need food safety training in Kansas?

Can I sell online or ship my baked goods in Kansas?

Home and Hearth Baker knows Kansas’s rules

Official sources

Nearby states

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