New Hampshire Cottage Food Law
A complete guide to cottage food regulations in New Hampshire (NH) — revenue limits, allowed products, labeling, and permitting requirements.
Requirements & Restrictions
Permitting & Registration
- Food Handler Certification
- Not required
- Business License
- Required
- State Registration
- Required — New Hampshire Department of Health and Human Services (DHHS), Food Protection Section — Class H Homestead License ($150 fee) required for non-exempt operators
Where You Can Sell
- homestead residence (own home)
- own farm stand
- farmers' markets
- retail food stores
- restaurants (licensed operators only)
- other retail food establishments (licensed operators only)
- internet/online (licensed operators only)
- mail order (licensed operators only)
- wholesalers, brokers, or food distributors (licensed operators only)
Allowed Products
- Non-potentially hazardous foods, refer to FDA requirements
- Jams and jellies (with testing)
- acidified foods, i.e. salsa, pickles, tomato sauce (with testing)
Prohibited Products
- TCS foods as regulated by the FDA
- cheesecakes
- pumpkin pies
- custards
- soups
- sandwiches
- low acid canned foods (e.g., canned gravy, some canned vegetables)
- meat (beef, pork, lamb)
- poultry (chicken, turkey, duck)
- fish
- shellfish and crustaceans
- eggs
- milk and dairy products
- cooked plant-based foods (e.g., cooked rice, beans, or vegetables)
- baked potatoes
- mushrooms
- raw sprouts
- tofu and soy-protein foods
- untreated garlic and oil mixtures
- apple cider
- bottled beverages (iced coffee, iced tea, lemonade, fruit juices)
- freeze dried foods (require RSA 143-A:4 license, not homestead exemption)
Labeling Requirements
The following information must appear on every cottage food product label sold in New Hampshire:
Required Disclaimer
Exempt operators: "This product is exempt from New Hampshire licensing and inspection." | Licensed operators: "This product is made in a residential food production area licensed by the New Hampshire Department of Health and Human Services."
Additional Notes
NH uses the term 'Homestead Food Operation' rather than 'cottage food.' Two tiers exist: (1) EXEMPT — no license required if selling only non-TCS food from own residence, own farm stand, farmers' markets, or retail food stores; (2) NON-EXEMPT (Class H license, $150 fee) — required if selling to restaurants, other retail food establishments, over the internet, by mail order, or to wholesalers/brokers/distributors. No statewide annual revenue cap is established in RSA 143-A:12 or DHHS rules; the $35,000 figure found in some local municipal ordinances (e.g., Merrimack) is a local rule, not a state law. The 'bakerAddress' field may be satisfied by a physical address OR an active email address per the statute. The 'bakerEmail' field is explicitly listed as an acceptable substitute for a physical address. A product code (date of manufacture, container size, lot/batch number) is required on labels for licensed (non-exempt) operators to facilitate product recall. Acidified foods and jams/jellies not using standardized NCHFP recipes require a process review before sale. There are 15 self-inspecting cities/towns in NH where operators must check locally for additional licensing requirements. Freeze-dried fruits, vegetables, and commercially prepared dairy products require a separate RSA 143-A:4 license even when sold from home/farm stand/farmers' markets. The allergen list explicitly includes sesame, consistent with FDA Big 9.
Frequently Asked Questions
- What is the annual revenue limit for cottage food businesses in New Hampshire?
- New Hampshire does not impose a stated annual revenue limit on cottage food producers.
- Do I need a food handler certification to sell cottage food in New Hampshire?
- No. New Hampshire does not require a food handler certification for cottage food producers.
- Is a business license required for cottage food sales in New Hampshire?
- Yes. Cottage food producers in New Hampshire are required to obtain a business license.
- Does New Hampshire require cottage food producers to register with the state?
- Yes. New Hampshire requires cottage food businesses to register with New Hampshire Department of Health and Human Services (DHHS), Food Protection Section — Class H Homestead License ($150 fee) required for non-exempt operators.
- Where can I legally sell cottage food products in New Hampshire?
- In New Hampshire, cottage food products may be sold at: homestead residence (own home), own farm stand, farmers' markets, retail food stores, restaurants (licensed operators only), other retail food establishments (licensed operators only), internet/online (licensed operators only), mail order (licensed operators only), wholesalers, brokers, or food distributors (licensed operators only).
- What allergen labeling standard applies to cottage food in New Hampshire?
- New Hampshire follows the FDA Big Nine allergen standard for cottage food labeling.
- What products are allowed under New Hampshire cottage food law?
- The following product categories are permitted for cottage food production in New Hampshire: Non-potentially hazardous foods, refer to FDA requirements, Jams and jellies (with testing), acidified foods, i.e. salsa, pickles, tomato sauce (with testing).
- What products are prohibited under New Hampshire cottage food law?
- The following products may not be sold under New Hampshire's cottage food exemption: TCS foods as regulated by the FDA, cheesecakes, pumpkin pies, custards, soups, sandwiches, low acid canned foods (e.g., canned gravy, some canned vegetables), meat (beef, pork, lamb), poultry (chicken, turkey, duck), fish, shellfish and crustaceans, eggs, milk and dairy products, cooked plant-based foods (e.g., cooked rice, beans, or vegetables), baked potatoes, mushrooms, raw sprouts, tofu and soy-protein foods, untreated garlic and oil mixtures, apple cider, bottled beverages (iced coffee, iced tea, lemonade, fruit juices), freeze dried foods (require RSA 143-A:4 license, not homestead exemption).