Cottage food laws in Kansas

The limits

Sales cap

None

You can sell

Non-TCS (not time/temperature-control-for-safety) foods sold directly to the end consumer — home-baked goods (cookies, breads, cakes, cinnamon rolls, fruit pies, fruit cobbler), refrigerated/frozen/freeze-dried cookie dough, pizza dough, cookie/brownie mix, icing/frosting (including cream-cheese-based icing with more than 65% sugar by weight), fresh fruits/vegetables, nuts, and honey

You cannot sell

Foods requiring time or temperature control for safety. Low-acid canned goods and acidified foods require testing and a KDA license. Icing or frosting, including cream-cheese based, is exempt only where it is known to contain more than 65% sugar by weight; otherwise testing determines whether licensing is required. Breads with cheese or vegetables baked in or on them require testing to determine their category.

Getting set up

Permit / registration

No — exempt under KSA 65-689(d)(4) provided the food is non-TCS, made in a private home kitchen, and sold directly to the end consumer; no license, permit, or registration is required

Cost

None for the exemption itself. Every farmers market vendor must obtain a Kansas Retail Sales Tax certificate from the Kansas Department of Revenue and file their own tax liability.

Training

No — no state food safety training or certification is required for home-produced non-TCS foods sold direct to consumers. K-State Research and Extension publishes free guidance (MF3138) that KDA points producers to.

Kitchen inspection

Only on complaint — KSA 65-689 states that exempted persons/operations "shall not be exempt from inspection or regulation when a violation is observed or reported to the secretary"

Labeling

Four elements: (1) the common name of the product; (2) the name and physical address of the person that made or is selling the product; (3) product ingredients listed in descending order of predominance; and (4) quantity as net weight, volume, or count. Kansas notably does not require a “not inspected” or “homemade” disclosure statement.

Where you can sell

Permitted venues

Direct to consumers, including farmers markets, festivals, bazaars, craft shows, and similar events, plus online sales shipped or delivered to the end consumer. Sales to another business entity for use, resale, or further distribution require food safety licensing (generally a KDA food processing license), so selling to restaurants, grocery stores, or variety stores is outside the exemption.

Online sales

Yes — the direct-to-consumer licensing exemption applies to exempt foods sold online and shipped to the customer's home, or delivered by the producer directly to the end consumer.

Delivery in state

Yes — home delivery/pickup is permitted per KDA guidance

Shipping out of state

Yes, with a condition — Kansas is one of the few states whose guidance addresses this directly: “for foods sold online to a person in another state(s), the seller must also follow the rules of the receiving state(s).” Federal requirements still apply to interstate commerce.

The fine print

Statute

Kansas Statutes Annotated (KSA) 65-689(d)(4) (retail food licensing exemption); KSA 65-656 (general food licensing definitions) is also referenced by aggregator sources

Recent changes

None identified since 2023 in the sources reviewed — confirm with KDA for any 2025/2026 legislative changes

Notes

Kansas has no dedicated cottage food act — the home-food exemption is one provision within the state's general retail food licensing statute (KSA 65-689). KDA's own website returned 403 Forbidden on direct verification attempts during this review; labeling requirements, training requirements, and the claimed interstate-shipping allowance should all be confirmed directly with KDA's Food Safety and Lodging Program. No MEHKO-specific law was identified for Kansas.