Home and Hearth BakerCottage food establishment (home baking exemption for a food establishment located in a residential dwelling)
ORS 616.723; OAR 603-025-0311 to 603-025-0335 (0320 exemption, 0325 labeling, 0328 records, 0330 revocation, 0335 unique identification number) · SB 320 (2015), the 'Home Baking Bill', in effect 2016; expanded by SB 643 (2023, signed 2023-06-12, Oregon Laws 2023 c.211)
Yearly sales limit
$52,700
Statute sets $50,000 annual gross sales (ORS 616.723(2)(d)), adjusted every year by ODA for inflation using the CPI-U West Region, rounded to the nearest $100 (ORS 616.723(9)). ODA puts each new figure into OAR 603-025-0320(1)(e) by rule: the current rule says $52,700 (DOA 95-2026, filed and effective 2026-03-13, raising $51,200 by the 2.9% CPI-U West increase for 2025; the $51,200 figure was DOA 17-2025, effective 2025-08-11). The cap changes on the date each amended rule takes effect, not on January 1. As of 2026-11-03 ODA has not proposed or published a 2027 figure (ODA rulemaking page shows no new cottage food notice); last year's notice came in late January. Above the cap you need a domestic kitchen or commercial license (ODA FAQ Q15). Farm direct producer-processed sales have a separate $50,000 limit.
Statute sets $50,000 annual gross sales (ORS 616.723(2)(d)), adjusted every year by ODA for inflation using the CPI-U West Region, rounded to the nearest $100 (ORS 616.723(9)). ODA puts each new figure into OAR 603-025-0320(1)(e) by rule: the current rule says $52,700 (DOA 95-2026, filed and effective 2026-03-13, raising $51,200 by the 2.9% CPI-U West increase for 2025; the $51,200 figure was DOA 17-2025, effective 2025-08-11). The cap changes on the date each amended rule takes effect, not on January 1. As of 2026-11-03 ODA has not proposed or published a 2027 figure (ODA rulemaking page shows no new cottage food notice); last year's notice came in late January. Above the cap you need a domestic kitchen or commercial license (ODA FAQ Q15). Farm direct producer-processed sales have a separate $50,000 limit.
Permit or registration
Food safety training
Yes
Food handler training: every person who prepares the food must complete a food handler training program and hold a food handler certificate issued under ORS 624.570 (ORS 616.723(2)(e); OAR 603-025-0320(1)(f), OAR chapter 333, division 175). Approved programs vary by county (ODA FAQ Q18).
Food handler training: every person who prepares the food must complete a food handler training program and hold a food handler certificate issued under ORS 624.570 (ORS 616.723(2)(e); OAR 603-025-0320(1)(f), OAR chapter 333, division 175). Approved programs vary by county (ODA FAQ Q18).
Where you make it
A domestic kitchen in a residential dwelling (ORS 616.723(1); OAR 603-025-0320(1)(a)). The kitchen must be clean, healthful and sanitary: separate closed storage for ingredients, containers and labels; separate refrigerated storage for perishable ingredients; separate storage for cleaning supplies and toxic substances; no medical supplies or equipment in the kitchen; no food handling while pets are in the kitchen or during household activities such as meal preparation, eating, dishwashing, laundry, cleaning or entertaining guests (OAR 603-025-0320(1)(d)). Pets are allowed in the home but must be kept out of the food preparation area (ORS 616.723(10)).
Selling in person
Allowed: directly to end users in any manner, including from the home and at events such as farmers markets (ORS 616.723(4); ODA FAQ Q19)
Phone and online orders
Allowed: online sales to end users (ORS 616.723(4); ODA FAQ Q20). Keep each online buyer's address and contact information (OAR 603-025-0328).
Delivery and shipping
Allowed: sales to end users 'in any manner' (ORS 616.723(4)); not separately addressed
Selling out of state
Not addressed by Oregon law; ODA says it has no authority over other states and to check each state's laws, and a UIN does not meet federal address labeling rules for interstate sales (ODA FAQ Q28, Q29). This app supports in-state sales only.
Stores and wholesale
Allowed to retailers (including coffee shops) only if packaged and labeled, the retailer agrees to store and display the food separately from other foods with signage saying it is homemade and not prepared in an inspected food establishment, and the baker keeps a record of the agreement (ORS 616.723(5); OAR 603-025-0320(4)). Not to restaurants or other institutions.
Examples you can sell
Packaged foods that are not time/temperature controlled for safety and contain no marijuana, limited to the categories in OAR 603-025-0320(1)(c)
- Baked goods: bread, rolls, cakes, pies, doughnuts, pastries, cookies, biscuits, crackers (OSU Extension EM 9192) that need no refrigeration
- Gluten-free baked goods that need no temperature control (ODA FAQ Q2)
- Confectionery items, including freeze-dried confections (candies, marshmallow bars, hard candy)
- Jams, jellies and fruit butters made only with fruit whose natural pH is below 4.60
- Syrups
- Honey or honey products made with commercial food (flavored honey with commercial flavorings, ODA FAQ Q9)
- Coffee beans
- Dried tea, spice or seasoning blends made from commercial food
- Popcorn
- Nut mixes
Not allowed
- Foods that are time/temperature controlled for safety (TCS), e.g. cream pies, cheesecakes, cream-filled pastries (ODA FAQ Q1)
- Baked goods with cream, custard, meringue or cream cheese fillings or icings (OSU Extension EM 9192)
- Focaccia with vegetables or cheese (ODA FAQ Q1)
- Foods containing meat, fish or shellfish (ODA FAQ Q1, Q4)
- Foods containing marijuana or marijuana items, and hemp-leaf tea (OAR 603-025-0320(1)(b); ODA FAQ Q3, Q7)
- Candied fresh fruit and caramel apples (ODA FAQ Q1; OSU Extension)
- Home-dried or home-freeze-dried ingredients, except freeze-dried confections (ODA FAQ Q5)
- Brewed or bottled tea (ODA FAQ Q6)
- Pet treats (not human food; outside the exemption, ODA FAQ Q8)
- Any food not in the OAR 603-025-0320(1)(c) categories
The statement your labels must carry
This product is homemade, is not prepared in an inspected food establishment, and must be stored and displayed separately if merchandised by a retailer.