Alaska
PermissiveHomemade Food Rule (statutory exemption for "homemade food"; formerly a cottage food/cottage industry exemption) · Alaska Department of Environmental Conservation (DEC), Division of Environmental Health, Food Safety and Sanitation Program
The limits
- Sales cap
- None (the prior $25,000 cap was eliminated by HB 251, effective August 24, 2024)
- You can sell
- Two categories are exempted — (1) Non-Potentially Hazardous ("shelf-stable") Foods such as jams, jellies, and pickled vegetables; and (2) Potentially Hazardous Foods (time/temperature-control items) such as pesto, cheesecake, fresh juice, lumpia, and burritos, sold with restrictions. Foods containing Grade A dairy ingredients and meat/poultry from USDA-inspected sources are also permitted under the rule.
- You cannot sell
- Seafood or seafood-containing products, milk/milk products (unless a Grade A dairy ingredient), game meat/game meat products, rendered animal fats, and any controlled substances (alcohol, cannabis)
Getting set up
- Permit / registration
- No state permitting or inspection; a valid Alaska business license is required. Local rules may vary (e.g., the Municipality of Anchorage has its own local requirements).
- Cost
- No state permit fee; standard Alaska business license fee applies
- Training
- No. Alaska's Homemade Food Act (AS 17.20.332-17.20.338) does not impose any food safety training, certification, or food handler card requirement on homemade food producers. The full text of the exemption conditions in AS 17.20.332, subsections (a) through (h), was reviewed and covers only: personal-consumption-only sales at specified in-state locations, exclusion of certain products (meat, seafood, controlled substances, rendered animal fat, game meat), a bar on interstate commerce, restrictions on use in commercial food establishments, labeling and buyer-disclosure duties, and a requirement that the seller of a potentially hazardous homemade food (except eggs) be the producer. No training or certification condition appears anywhere in the section, nor in AS 17.20.336 (Exceptions).
- Kitchen inspection
- No (state); Only on complaint in practice, per DEC guidance
- Labeling
- Producer name, address, phone number, business license number, and the statement: "This food was made in a home kitchen, is not regulated or inspected, except for meat and meat products, and may contain allergens."
Where you can sell
- Permitted venues
- Non-Potentially Hazardous foods may be sold direct-to-consumer or through third parties (grocery stores, food hubs, farmers markets, retail locations). Potentially Hazardous foods are direct producer-to-consumer sales only (in person, online, mail-order within Alaska, or producer-owned retail locations).
- Online sales
- Yes
- Delivery in state
- Yes — including mail-order within Alaska for Potentially Hazardous foods; Non-Potentially Hazardous foods may also move through third-party retail
- Shipping out of state
- No -- and this is an explicit statutory prohibition, not mere silence. AS 17.20.332(b) conditions the homemade-food exemption on the sale 'not involv[ing] ... interstate commerce.' Sales must occur in-state, at the producer's home or office, a farm or ranch, a farmers' market, an agricultural fair, or another agreed-upon location. This corrects the brief's earlier placeholder, which treated the absence of interstate authorization as unconfirmed silence -- in fact, the statute affirmatively bars interstate commerce as a condition of the exemption remaining valid, independent of any federal rule.
The fine print
- Statute
- AS 17.20.332–17.20.338 (created by HB 251, 33rd Legislature), replacing the prior cottage food regulation at 18 AAC 31.012
- Recent changes
- HB 251 ("Homemade Food Rule"), signed by Governor Dunleavy on August 24, 2024, eliminated the $25,000 sales cap and removed state permitting/inspection requirements for homemade food, replacing Alaska's earlier, more restrictive cottage food framework.
- Notes
- DEC's official pages (dec.alaska.gov/eh/fss/homemade-food/ and related URLs) blocked automated retrieval (HTTP 403) on the verification date; findings here rely on the Alaska Food Policy Council (a state food-policy nonprofit) and legislative search summaries as the best available secondary corroboration of the statute. Confirm current details directly with Alaska DEC before relying on this entry. No MEHKO-style program identified; local jurisdictions (e.g., Anchorage) may impose additional requirements. ---
