Cottage food laws in Kentucky

The limits

Sales cap

$60,000 gross annual sales per KRS 217.136, applying to both the HBP and HBM tiers per individual operator

You can sell

TIERED. (1) Home-Based Processor (HBP) tier — non-potentially-hazardous, shelf-stable foods from a fixed regulatory list: dried herbs, spices, nuts, alcohol-free candy (no bare-hand contact), dried grains, granola, trail/snack mix, whole fruits/vegetables, dried/freeze-dried fruits/vegetables, mixed greens, high-acid jams/jellies (no low-acid, vegetable, or herb jams/jellies), sweet sorghum/maple syrup, preserves, fruit butter, bread, fruit pies, pecan pies, cakes, cookies, and popcorn. (2) Home-Based Microprocessor (HBM) tier — acidified/canned foods (e.g., pickles, salsas, low-sugar jams) authorized under KRS 217.015(57), a higher-risk category with added training and inspection requirements

You cannot sell

Any food not on the HBP regulatory list (automatic application rejection); crème-filled pies, custard products, cheesecake, raw seed sprouts, garlic-in-oil products, pureed baby foods

Getting set up

Permit / registration

Yes — annual registration with the KY Food Safety Branch (form DFS-250 for HBP; a separate HBM application/process applies to the microprocessor tier); HBM applicants must also submit draft product labels for Cabinet review before marketing

Cost

$50 annual registration fee for both the HBP and HBM tiers (registration period April 1–March 31; fee not prorated)

Training

HBP tier — no training/certification requirement identified beyond the registration attestation. HBM tier — yes, a University of Kentucky Cooperative Extension food-processing/food-safety course is required, to be repeated every 3 years or upon any change/addition of food products

Kitchen inspection

HBP — only upon complaint. HBM — yes, the Cabinet inspects each home-based microprocessor at least once every 4 years

Labeling

Business/producer name and address, product name, ingredients, net weight, production date, and a required disclaimer in at least 10-point type per KRS 217.136(3); allergen information per federal law (21 U.S.C. § 343(w))

Where you can sell

Permitted venues

Direct to consumer within Kentucky, including farmers markets; no wholesale, restaurant, or retail resale

Online sales

Yes. Kentucky's home-based processor regulation expressly allows electronic and online ordering: a home-based processor may advertise and accept orders and payment through the internet or phone, in addition to in person. Actual provision of the product to the consumer must still occur through one of the regulation's authorized distribution channels (pick-up, delivery, or the specified in-person venues).

Delivery in state

Yes. Kentucky's regulation lists delivery to the consumer as an explicitly authorized distribution channel, alongside pick-up and sales at flea markets, farmers markets, festivals, county fairs, craft fairs, non-profit charity events, or a roadside stand. The regulation does not specifically address whether 'delivery' includes shipment via a third-party mail or courier service (e.g., USPS/UPS) as opposed to delivery by the processor personally -- that distinction is not made in the text -- but delivery to the consumer, within Kentucky, is affirmatively permitted as a general matter.

Shipping out of state

No — aggregator guidance indicates every sale must be a direct, in-Kentucky, face-to-face transaction, though this was not independently confirmed in the primary regulation text fetched; confirm with the Food Safety Branch

The fine print

Statute

KRS 217.136 (Home-Based Food Processors) and KRS 217.015(56)–(57) (definitions); implementing regulation 902 KAR 45:090 (Home-Based Processors and Farmers Market Home-Based Microprocessors), effective September 9, 2019

Recent changes

Kentucky's cottage food law was enacted via House Bill 468, effective March 27, 2019 (one of the last states to adopt a cottage food law); no further legislative amendments identified since 2023 in the sources reviewed — confirm with CHFS for any pending 2025/2026 changes

Notes

This is a two-tier program: the Home-Based Processor (HBP) tier for shelf-stable, non-acidified foods with minimal requirements, and the Home-Based Microprocessor (HBM) tier for acidified/canned foods with added training, label-review, and periodic-inspection requirements. The $60,000 sales cap is set in the enabling statute KRS 217.136, not in the 902 KAR 45:090 regulation text itself, so it did not appear when the regulation text was fetched directly — this is a sourcing nuance, not a discrepancy between sources. Online sales and interstate/delivery provisions could not be confirmed from primary sources during this review. No MEHKO-specific law was identified for Kentucky.