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State Regulations › New Hampshire

New Hampshire cottage food law

Selling home-baked goods in New Hampshire

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

At a glance: Homestead food operation (exempt from licensure)

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
Internet and mail-order sales are not allowed without the homestead license.
Label statement
“This product is exempt from New Hampshire licensing and inspection.”

New Hampshire also has 1 other way to sell, shown below.

About this information. New Hampshire’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.

Homestead food operation (exempt from licensure)

RSA 143-A:12, I, II, V(a), V(c)(1); RSA 143-A:5, VII; RSA 147:1, IV · RSA 143-A:12 enacted by 2006, 133:2 (eff. 2007-01-01); amended many times, most recently 2024 ch. 77 (HB 1565), 2025 ch. 18 (HB 150), ch. 28 (HB 304), ch. 46 (HB 307), ch. 193 (HB 505); local-rule ban added by 2026 ch. 246 (SB 418, eff. 2026-07-02)

Yearly sales limit
No state limit
No gross sales limit. HB 304 (2025 ch. 28, eff. 2025-07-13) removed the old 'maximum annual gross sales' limit from RSA 143-A:12, II and III and 143-A:5, VII.
Permit or registration
Not required by the state
Food safety training
No
No training required by RSA 143-A:12 or DHHS pages
Where you make it
The home kitchen of the person's primary residence in New Hampshire, or a food production area in that residence with a hand-washing station (hot and cold running potable water, soap, hand-drying supplies), storage that prevents contamination, cleanable and sanitizable food-contact surfaces, clean pest-free durable smooth floors, walls and ceilings, and a way to keep pets out during production (RSA 143-A:12, I(a)). Commercial kitchen equipment is allowed if it can be cleaned and sanitized in the processing area (RSA 143-A:12, I(a)(2)). DHHS FAQ: not in a garage, shed, barn, outbuilding or rented kitchen; no pets in the production area.
Selling in person
Allowed: from the home, at the owner's own farm stand, and at farmers' markets (RSA 143-A:12, II); a market may set its own rules
Phone and online orders
Internet and mail-order sales are not allowed without the homestead license (RSA 143-A:12, III; DHHS FAQ). Phone orders are not addressed.
Delivery and shipping
Not addressed by RSA 143-A:12 or DHHS; the exemption lists sales from the home, own farm stand, farmers' markets and retail food stores only
Selling out of state
Not addressed by RSA 143-A or DHHS; Home and Hearth Baker supports in-state sales only
Stores and wholesale
Retail food stores: allowed (RSA 143-A:12, II). Restaurants, other retail food establishments, wholesalers, brokers, distributors: license needed (RSA 143-A:12, III).

Examples you can sell

Homestead food products: all food except potentially hazardous food (food needing temperature control for safety, and low acid canned foods), as further defined by DHHS rules (RSA 143-A:12, I(b), I(c))

  • Baked goods such as breads, rolls, muffins, cookies, brownies, cakes (He-P 2311.02; DHHS FAQ)
  • Double-crusted fruit pies (He-P 2311.02)
  • Baked goods with fruit or vegetables mixed into the batter, not garnished with fresh or frozen produce (DHHS FAQ)
  • Candy and fudge, hard candies, lollipops, peppermints; candy may be freeze-dried (DHHS FAQ)
  • Packaged dry products such as spices and herbs; dry bread and instant bread mixes (He-P 2311.02; DHHS FAQ)
  • Jams and jellies made with NCHFP recipes as written (DHHS)
  • Acidified foods such as salsa, tomato sauce and pickles, with an NCHFP recipe or a process review (DHHS FAQ)
  • Roasted and ground coffee (DHHS FAQ)
  • Cooked dough that is then frozen (DHHS FAQ)

Not allowed

  • Potentially hazardous (TCS) foods: meat, poultry, fish, shellfish, eggs, dairy, cooked vegetables and other cooked plant foods, sprouts, tofu, garlic-in-oil (RSA 143-A:12, I(b); DHHS FAQ)
  • Low acid canned foods, including pumpkin butter (RSA 143-A:12, I(b); DHHS FAQ)
  • Uncooked frozen bread or pizza dough, uncooked dough, live sourdough starters (DHHS)
  • Dehydrated meats, dehydrated fruits and vegetables (DHHS FAQ)
  • Freeze-dried fruits, vegetables and commercially prepared dairy products, unless licensed under RSA 143-A:4 (RSA 143-A:12, IV)
  • Apple cider and bottled beverages such as iced coffee, iced tea, lemonade, juice (DHHS)
  • Honey and maple syrup (Department of Agriculture, Markets and Food regulates them); value-added versions need DHHS licensing (DHHS FAQ)
  • Pet treats (Department of Agriculture, Markets and Food) (DHHS)
  • Catering, chocolate fountains, or other on-site food service (DHHS FAQ)
  • Products made in a rented kitchen or an outbuilding (DHHS)

The statement your labels must carry

This product is exempt from New Hampshire licensing and inspection.

In type at least 10 point.

Homestead food operation (licensed, Class H homestead food license)

RSA 143-A:12, I, III, V(b), V(c)(2); RSA 143-A:13; RSA 143-A:6; He-P 2304.05; He-P 2311.01-2311.05 · RSA 143-A:12 and 143-A:13 enacted by 2006, 133:2 (eff. 2007-01-01); amended most recently by 2024 ch. 77 (HB 1565), 2025 ch. 18 (HB 150), ch. 28 (HB 304), ch. 46 (HB 307), ch. 193 (HB 505); He-P 2311 rules last fully published version #10199-A, eff. 2012-10-12

Yearly sales limit
No state limit
No gross sales limit (removed by HB 304, 2025 ch. 28)
Permit or registration
Yes
Class H food service license (Category H-1, non-exempt homestead food operation)
NH Department of Health and Human Services, Division of Public Health Services, Food Protection Section (or the local health authority in a self-inspecting city or town)
Fee: $150
Official page
Food safety training
No
No training required by RSA 143-A, He-P 2311 or DHHS pages; DHHS recommends education for freeze-drying
Where you make it
Same as the exempt route: the home kitchen or a qualifying food production area in the primary residence in New Hampshire (RSA 143-A:12, I(a)); commercial equipment allowed if cleanable. DHHS FAQ: a 2-compartment sink, or a residential dishwasher plus a 1-compartment sink; bathrooms opening into the kitchen need self-closing doors and mechanical ventilation; no laundry during production; no pets in the production area. Private well water must be lab-tested (bacteria, nitrates, nitrites) within the last 6 months (DHHS application).
Selling in person
Allowed: home, own farm stand, farmers' markets, retail food stores, restaurants and other retail food establishments (RSA 143-A:12, II, III)
Phone and online orders
Allowed: Internet sales need, and are allowed with, this license (RSA 143-A:12, III; DHHS FAQ). Phone orders are not addressed.
Delivery and shipping
Not addressed by RSA 143-A:12 or DHHS
Selling out of state
Not addressed by RSA 143-A or DHHS; Home and Hearth Baker supports in-state sales only
Stores and wholesale
Allowed: restaurants, other retail food establishments, and wholesalers, brokers or distributors who resell (RSA 143-A:12, III)

Examples you can sell

Homestead food products: all food except potentially hazardous food (RSA 143-A:12, I(b), I(c)). He-P 2311.02 (2012 text) lists approved products for licensed operations; each product must be on the product list sent to DHHS.

  • Baked items such as breads, rolls, muffins, cookies, brownies, cakes (He-P 2311.02)
  • Double-crusted fruit pies (He-P 2311.02)
  • Candy and fudge (He-P 2311.02)
  • Packaged dry products such as spices and herbs (He-P 2311.02)
  • Acid foods such as vinegars and mustards (He-P 2311.02)
  • Jams and jellies (He-P 2311.02)
  • BBQ and hot sauces, mustards, pepper jellies, pickles, salsas with a process review (DHHS FAQ)

Not allowed

  • Potentially hazardous (TCS) foods and low acid canned foods (RSA 143-A:12, I(b))
  • Refrigerated foods (DHHS application form)
  • Freeze-dried fruits, vegetables and commercially prepared dairy products under this license; they need an RSA 143-A:4 license and a process review (RSA 143-A:12, IV; DHHS FAQ)
  • Same DHHS exclusions as the exempt route: uncooked dough, live sourdough starters, dehydrated meats, fruits and vegetables, apple cider, bottled beverages, honey and maple syrup (Agriculture), pet treats, catering, rented kitchens

The statement your labels must carry

This product is made in a residential food production area licensed by the New Hampshire Department of Health and Human Services.

In type at least 10 point.

Common questions about New Hampshire’s cottage food law

Can I sell baked goods from home in New Hampshire?

Yes. New Hampshire lets home bakers sell food made in their own kitchen in 2 ways: Homestead food operation (exempt from licensure); Homestead food operation (licensed, Class H homestead food license). 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 New Hampshire?

Homestead food operation (exempt from licensure): No state permit or registration is required. Homestead food operation (licensed, Class H homestead food license): Yes: Class H food service license (fee: $150).

How much can I sell from home in New Hampshire?

Homestead food operation (exempt from licensure): The state sets no yearly sales limit. Homestead food operation (licensed, Class H homestead food license): The state sets no yearly sales limit.

Do I need food safety training in New Hampshire?

Homestead food operation (exempt from licensure): No food safety training is required by the state. Homestead food operation (licensed, Class H homestead food license): No food safety training is required by the state.

Can I sell online or ship my baked goods in New Hampshire?

Homestead food operation (exempt from licensure): Online and phone orders: Internet and mail-order sales are not allowed without the homestead license. Delivery and shipping: Not addressed by RSA 143-A:12 or DHHS; the exemption lists sales from the home, own farm stand, farmers' markets and retail food stores only. Homestead food operation (licensed, Class H homestead food license): Online and phone orders: Allowed: Internet sales need, and are allowed with, this license. Delivery and shipping: Not addressed by RSA 143-A:12 or DHHS.

What must a cottage food label say in New Hampshire?

Labels must carry this statement: “This product is exempt from New Hampshire licensing and inspection.”, in type at least 10 point. Most states also require the product name, ingredients in order of weight, allergens, net weight, and your name and address.

Home and Hearth Baker knows New Hampshire’s rules

The program puts New Hampshire’s required wording on every label for you, tracks your sales against any yearly limit, and updates for free when the rules change.

Try it free for 30 daysSee what it does

Official sources

  1. RSA 143-A:12 Homestead Food License Required
  2. RSA 143-A:5 Exemptions
  3. RSA 143-A:13 Rulemaking
  4. RSA 143-A:6 Application; Issue; Fee
  5. NH DHHS: He-P 2300 adopted rule 2/21/24 (amended sections only, incl. He-P 2310.01 exempt homestead requirements)
  6. RSA 143-A:3 Definitions
  7. RSA Chapter 143-A merged text
  8. RSA Chapter 143-A table of contents
  9. NH DHHS Food Protection: Homestead Food Operations
  10. NH DHHS Homestead Food Operations FAQ (Last Rev. Oct 2025; copy hosted by Town of Derry)
  11. NH DHHS Application for New Homestead Food Operation License (Form HAPP, Feb 2024)
  12. NH DHHS Food Protection: Food Establishments (license renewal)

Nearby states

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