Wyoming Cottage Food Law

The cottage food law allows homemakers to be able to benefit from their talents in baking and creating homemade foods by allowing them to sell goods from their home! A cottage law is a law that allows residents of Wyoming to sell food made in their very own homes through minimal supervision. These can include pickled foods, baked goods, hard candies, nut mixes, and other foods considered low-risk. These foods vary from state to state, however, in general they are foods that have a low potential of causing food poisoning or getting others ill.

In order to qualify to sell cottage food, it takes much more than simply baking goods in your home and then selling them in your front yard. Laws vary from state to state on how people can sell their food, if they can sell it through the internet, and even the cost of a cottage food license that allows people to sell cottage food. A cottage law license price might even vary county to county.

Wyoming is one of the best states to start a cottage food business. This is because Wyoming became the first state in the U.S. to get rid of most regulations on cottage food when they passed their Wyoming Food Freedom Act 2015. The Wyoming Food Freedom Act 2015 allowed residents to be able to sell cottage foods so long as they didn't have meat in them, a first for many states. Now, the Wyoming Food Freedom Act 2021 allows the sale of eggs, and you can even sell perishable goods such as poultry and dairy!

Initially, the Wyoming Department of Agriculture did not allow the sale of meats under the cottage food law. They did, however, allow the sale of raw milk, chicken, turkey and other poultry, live animals intended for slaughter, farm-raised fish that are not catfish, and even rabbit meat (home-raised).

Initially, these items could only be sold at:

• Farms
• Ranches
• Farmers markets
• Homes
• Offices
• Any location agreed to between the producer and the "informed end consumer"

According to Wyoming cottage food law, an informed end consumer is anyone who understands that they're purchasing a product that isn't regulated by any governmental agency or even FDA-approved.

Sales from cottage food businesses quickly made the Wyoming agriculture thrive, and strong support was gained by representatives such as Rep. Tyler Lyndholm, who stated Wyoming had the best artisan local food laws in the entire nation!

Things got even better when amendments were made in the Wyoming Food Freedom Act 2020, which allowed food vendors to sell products such as eggs through third-party retailers, such as local grocery stores. New amendments also made it possible for people to sell at events, do catering, delivery, sell online (although you can't mail food), home pickup, and sell wholesale. Ranchers could also now sell meat straight from their farm to consumers. In addition, this amendment also made it possible to sell food that wasn't just meant for home consumption.

Home consumption means that the food being sold will most-likely be enjoyed at home, such as baked goods, single meals, canned fruits and jams and so on. However, with the addition of this amendment, foods not traditionally eaten at home, such as wedding cakes, can now be sold in Wyoming.

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Unfortunately, the Wyoming Food Freedom Act 2020 did add a cap to how much a cottage food business could make in sales per year, which is currently $250,000 in net sales per year. This isn't all bad, as making this much in sales requires heavy production that might not be suitable for a home kitchen environment, which is still where Wyoming food sellers should be producing their goods.

Like all other states, Wyoming still requires people making income from their cottage food business to report this income for State and Federal taxes. Failing to do so can lead to audits, fines, and even jail time. Generally, any income made over $400 must be reported to the IRS, and it's recommended business owners make quarterly payments for the estimated amount of taxes they think they will owe at the end of the year. However, cottage food business owners can still write off expenses such as material costs, shipping and handling, and even a home office whose square footage can be written off at the end of the year.

Fortunately, residents of Wyoming don't have to worry too much about expenses, as there are NO licensing fees for a cottage food license, no inspections, no permits, and no zoning approval needed to be done by the Wyoming Department of Agriculture. There are also no labeling requirements that are typically needed in other states, except for nonperishable foods sold at third-party retailers. These foods must also be displayed separately.

For those interested in how to start a cottage food business, Wyoming truly has one of the best cottage food laws in the nation. Despite the lack of regulations imposed on home cookers and artisans, there have been virtually no reported cases of food-borne illness occurring due to cottage food, showing just how profitable and safe a cottage food business can be!

List of Permitted Cottage Foods in Wyoming

Wyoming has one of the most versatile list of cottage foods allowed to be sold in the entire nation. For instance, Wyoming laws for selling home baked goods allow the sale of baked goods that also have dairy in them. These include but are not limited to:

• Homemade pastries
• Pastries with frosting
• Pastries with custard
• Pastries with fillings such as cream cheese
• Cookies
• Fruit pies
• Jams
• Jellies
• Canned and pickled goods
• Fruit butters
• Honey
• Nut mixes such as trail mix
• Packed spices
• Dry rubs
• Perishable baked goods
• Biscuits
• Wedding cakes
• Candy and pastries containing alcohol
• Syrup
• Oils
• Pickles
• Tea leaves
• Herbs
• Pizzelles
• Cotton candy
• Rolls
• Salsa
• Vinegar
• Cereal
• Pasta noodles
• Raw (meaning unpasteurized) milk
• Granola
• Marshmallows
• Chocolate covered fruit

In addition, Wyoming allows the sale of cottage foods that have fillings so long as no meat is present, such as:

• Empanadas
• Stuffed pies
• Churros
• Tamales
• Veggie lasagna

If you're wondering how to get around cottage food laws and sell meat if you're a farmer, you don't have to worry about that with Wyoming cottage food laws. Meat can readily be sold so long as it is not wild game. Meats that can be sold include:

• Home-raised rabbit meat
• Farm-raised fish that isn't cat fish
• No more than 1,000 live birds for poultry such as chicken and turkeys
• Meat directly from farmers to consumers

Some other unique foods that can be sold by artisans in Wyoming include:

• Kombucha and other fermented drinks and foods
• Hardboiled eggs
• Whole eggs
• Juices
• Carbonated beverages
• Extracts

Meat jerky is the one food strictly prohibited and is off the list of cottage foods allowed in Wyoming.

Cottage Food Laws By State

Although Wyoming is very liberal in terms of its cottage food laws, if you're wondering how to start a cottage food business in Texas or any other state, you'll have to do research for your particular state.

Cottage Food Law Florida

The cottage law Florida has states that a seller has to label their foods regardless of where it is sold, unlike Wyoming cottage food laws. A Florida cottage food label template should include allergens, state that the food was produced at home, the name of the food and ingredients.

Artisans cannot sell wholesale, and also have a $250,000 annual sales cap like in Wyoming. When selling food from home in Florida, a permit to sell food from home Florida is NOT required. Cottage food laws Florida 2021 also state that foods must be time or temperature controlled for safety, unlike in Wyoming where perishable foods can be sold.

Cottage Law NJ

Selling homemade food NJ was unheard of. Recently, however, the NJ cottage food law 2021 has allowed New Jersey residents to sell non temperature or time-controlled foods. Unlike Wyoming and Florida, residents do need a permit and must fill out a New Jersey's home bakery license application.

Cottage Law Michigan

Michigan has a lower cap than most at $25,000 in annual sales. They do not allow orders to be taken by mail order, to be sold at retailers, and all food must be properly labeled. Foods are also those that are non-perishable and don't need time or temperature control.

Cottage Law Colorado

Colorado cottage food laws are unique in that they allow whole eggs to be sold. No more than 250 eggs a month can be sold. Shell eggs allowed include eggs from quails, chicken, ducks and turkeys.

Illinois Cottage Food Law 2021

Updates to the existing Illinois cottage food laws now make it possible for anyone with a home kitchen to sell cottage foods. Prior to 2021, only farmers could do so. Foods must not contain meat or be perishable.

Ohio Cottage Food Laws 2021

Ohio cottage food laws are similar to other states, however, no low-acid canned foods may be sold. Any foods with a pH greater than 4.6 can be sold in the state, as these can encourage bacterial growth.

Cottage Food Laws Maryland

If you're wondering how to start a cottage food business in Maryland, remember that a cottage food business Maryland cannot make over $25,000 in annual sales. Some more popular cottage foods, such as soft candies, sugar-free candies, and chocolate covered fruits are prohibited here too.

Mississippi Cottage Food Law 2021

Mississippi cottage food laws are relatively standard. Low-acidic foods can be sold in this state, and the cap is $35,000 in annual sales, slightly higher than other states.