Utah’s cottage food laws enable small-scale entrepreneurs to produce and sell certain food items from their home kitchens. These regulations, overseen by the Utah Department of Agriculture and Food (UDAF), offer two distinct paths for home-based food businesses: the traditional Cottage Food Program and the more recent Home Consumption and Homemade Food Act. Each has its own set of rules, and producers may need a business license from their local city or county regardless of the path chosen.
The Cottage Food Program
This program is the traditional route for selling shelf-stable foods. It involves registration and inspection by UDAF but allows for a broader range of sales venues, including retail stores.
Permitted and Prohibited Foods
Under the Cottage Food Program, producers can sell foods that are considered shelf-stable and do not require refrigeration for safety. These foods are low-risk for harboring bacteria. Permitted items include:
- Baked goods like breads and cookies
- Fruit pies, jams, jellies, and preserves
- Honey, candies, and chocolates
- Popcorn and dry mixes
The law prohibits the sale of foods that require time or temperature control for safety (TCS foods). This includes meat, fish, or poultry products. Dairy items like cheesecakes or cream-filled pastries are also not permitted, nor are low-acid canned goods like many types of vegetables.
Registration and Kitchen Requirements
To operate under this program, you must register your operation with the Utah Department of Agriculture and Food (UDAF). The process begins with obtaining a food handler’s permit for every person involved in preparing the food. You must complete the Application for Cottage Food Establishment from the UDAF website and pay a non-refundable annual registration fee.
After your application is submitted, UDAF will schedule an inspection of your home kitchen. The kitchen must be kept in a clean and sanitary condition, with pets excluded from the area. Food and equipment for the business must be stored separately from domestic supplies. While routine inspections are not conducted, UDAF can inspect a kitchen if it receives a consumer complaint.
Sales and Labeling Rules
Products made under the Cottage Food Program can be sold directly from the producer’s home, at farmers’ markets, and at other events. This program also allows for sales to retail outlets like grocery stores for resale. All sales must occur within Utah; products cannot be sold across state lines.
Proper labeling is required. Every product must have a label with the following information:
- The product’s name and net quantity
- The producer’s name and address
- A complete list of ingredients, including a declaration of major food allergens
- The statement “Home Produced”
The Home Consumption and Homemade Food Act
Enacted in 2018, this law, often called HCHFA, allows for the sale of almost any type of homemade food without requiring registration or inspection from UDAF. However, it restricts sales to direct-to-consumer transactions only.1Utah Legislature. Home Consumption and Homemade Food Act
Permitted and Prohibited Foods
This act is broader than the Cottage Food Program, allowing for the sale of nearly all types of homemade food, including products that require refrigeration like cheesecakes and cream-filled pastries. The primary exceptions are raw milk and most meat products.2Utah Legislature. Home Consumption and Homemade Food Act Meat from an animal is only permitted if the animal was raised, slaughtered, and processed on the producer’s own property.
No Registration or Inspection Required
The Home Consumption and Homemade Food Act provides minimal regulation. Producers operating under this law are not required to register with the Utah Department of Agriculture and Food, pay any fees to the state, or have their home kitchen inspected. A food handler’s permit is also not required.
Sales and Labeling Rules
The flexibility in food types is balanced by stricter rules on where products can be sold. All sales must be direct transactions between the producer and the end consumer within Utah.3Utah Legislature. Home Consumption and Homemade Food Act This means you can sell from your home, at a farmers’ market, or at a roadside stand, but not to a retail store or other business for resale.
Labeling is still required. Products must be labeled with the producer’s name and address and a statement that clearly informs the consumer: “This food product was prepared in a home kitchen that is not subject to regulation and inspection by the local health department or the Utah Department of Agriculture and Food.”