Wyoming
PermissiveWyoming Food Freedom Act · Wyoming Department of Agriculture (WDA), Consumer Health Services Division
The limits
- Sales cap
- The Wyoming Food Freedom Act does not impose a stand-alone "sales cap" provision as such, but its exemptions apply only to a statutorily defined "producer." Under the Act's definitions section, a person qualifies as a "producer" only if they do not produce more than 250,000 individual food or drink products annually AND do not exceed $250,000 in gross annual revenue from those food and drink products. Exceeding either threshold means the seller no longer meets the definition of "producer" and therefore falls outside the Act's exemptions from state licensure, permitting, and inspection. So the widely repeated "$250,000 cap" figure is accurate, but it functions as an eligibility ceiling within the definition of who may use the Act, not as a separate revenue cap section.
- You can sell
- Almost any type of homemade or farm-raised food or drink product intended for an informed end consumer's home consumption, sold directly producer-to-consumer; a related but distinct 2025 amendment (the Wyoming PRIME Act, effective July 1, 2025) separately authorizes sales of meat from cattle, sheep, swine, and goats raised and slaughtered by the producer (or slaughtered at a custom facility), sold directly to an informed consumer in Wyoming
- You cannot sell
- The Act broadly covers homemade food and drink, but it excludes ordinary meat products (beef, pork, lamb, goat, etc.) unless slaughtered, processed and labeled at a Wyoming or federally inspected meat plant; wild game, animals, birds, and fish (barred by a separate statute, W.S. 23-3-302); and catfish specifically (excluded from the farm-raised-fish exception because it falls under USDA meat inspection). Narrow exceptions allow: poultry and poultry products if the producer slaughters no more than 1,000 birds of their own raising per year and sells only those; live animals sold for later slaughter; domestic rabbit meat; farm-raised fish (other than catfish) raised under Wyoming Title 23; and meat obtained through a documented "animal share" arrangement. Raw milk and products made from raw milk are allowed. Outside of the meat/game restrictions, homemade or uninspected food generally may not be sold or used in a commercial food establishment (restaurants, etc.), except for raw, unprocessed fruits and vegetables.
Getting set up
- Permit / registration
- No — the Act exempts qualifying producers from state licensure, permitting, certification, and inspection requirements; the WDA may not impose food/health inspection standards more stringent than USDA standards on Act-covered products
- Cost
- None
- Training
- No
- Kitchen inspection
- No — inspections are not required by default; per one source, an inspection may occur through WDA's Consumer Health Services Division or a city/county health department, but only after a specific application/complaint process, not as a routine requirement
- Labeling
- For direct producer-to-consumer sales under the Act, no state labeling requirements apply, but the producer must verbally/directly inform each customer that the product is not certified, labeled, licensed, inspected, or regulated. (Note: a related but distinct requirement — for non-potentially-hazardous foods sold at a retail location or grocery store rather than direct from the producer — requires the label "this food was made in a home kitchen, is not regulated or inspected and may contain allergens.") Confirm which disclosure applies to which sales channel directly with WDA.
Where you can sell
- Permitted venues
- Transactions must be directly between the producer (or a designated agent) and an informed end consumer, and may only occur at farmers markets, farms, ranches, the producer's home or office, the retail location of a third-party seller for eligible non-potentially-hazardous foods/eggs/dairy, or any other location the producer and consumer agree to. Homemade or uninspected food may NOT be sold or used as an ingredient in a commercial food establishment (restaurants, coffee shops, etc.) -- the only carve-out is raw, unprocessed fruits and vegetables. A producer may also sell non-potentially-hazardous food, eggs, or dairy through a third-party retail shop or grocery store, provided it is kept off the same shelving as licensed products and is labeled as home-kitchen made. Home caterers under the Act may only cater to a private home, not commercial venues. This confirms that the 2026 legislative discussion about extending the Act to restaurants and coffee shops (noted in the original research) is indeed a proposal to change current law -- under the Act as it stands today, restaurant/commercial-establishment sales of homemade food are not permitted.
- Online sales
- Yes. The Wyoming Department of Agriculture's own Food Freedom Act guidance confirms a home producer may take orders and sell over the internet, but any resulting delivery must occur within Wyoming -- the transaction and delivery cannot cross state lines.
- Delivery in state
- Yes, intrastate delivery is permitted. The Act defines "delivery" as the transfer of product from a producer (or the producer's designated agent) to an informed end consumer, and allows that delivery to occur at a farm, ranch, farmers market, home, office, or any other location the producer and consumer agree to -- all of which must be within Wyoming. There is no general prohibition on a producer physically delivering or having a designated agent deliver product to a Wyoming customer; what is prohibited is shipping the product out of state (see Interstate Shipping).
- Shipping out of state
- No — the Act is designed around direct producer-to-consumer sales within Wyoming; federal rules generally bar interstate shipment of cottage food in any case
The fine print
- Statute
- Wyoming Statutes Title 11, Chapter 49 (§§ 11-49-101 et seq.), specifically § 11-49-103 ("Wyoming Food Freedom Act; purpose; exemptions; assumption of risk"); originally enacted 2015; expanded in subsequent sessions
- Recent changes
- The Wyoming PRIME Act, effective July 1, 2025, expanded the Act's meat-sales provisions (see Allowed Foods above). Separately, as of mid-2026 the Act's original author was reported (Cowboy State Daily, May 2026) to be seeking further amendments in response to WDA enforcement actions against specific producers, and a 2026 committee bill was under consideration to extend the Act to restaurants and coffee shops (Wyoming Public Media, July 2026) — this had not been enacted as of the last-verified date below.
- Notes
- Not confirmedThe Wyoming Food Freedom Act is explicitly a broader food-freedom law, not a standard cottage food statute — per the assignment's guidance this distinction is preserved above rather than conflated with a typical cottage food cap-and-registration model. The WDA's own food-safety landing page could not be fully retrieved (returned only contact information and document links, not full page text), so several fields — the sales cap, prohibited foods, and online/delivery provisions — could not be independently confirmed against a primary WDA page and are marked Unverified; the commonly-cited $250,000 cap figure appears only in secondary aggregator sources and was not confirmed in the statute text retrieved. There is also active political/legal tension noted in 2026 reporting between WDA enforcement actions and the Act's producer-side advocates, suggesting this entry should be re-verified before any reader relies on it for a specific enforcement question. Wyoming has no separate MEHKO-style law identified in our research; the Food Freedom Act itself functions as the state's primary home-food and home-kitchen-restaurant-adjacent pathway.
