Selling Homemade Food in Utah: The Home Consumption and Homemade Food Act (Cottage Food Law)
General information, not legal advice. Read the full disclaimer.
Short answer: Utah's Home Consumption and Homemade Food Act (Utah Code Title 4, Chapter 5a) exempts home producers from state, county and city licensing, permitting, certification, inspection, packaging and labeling requirements for the preparation, serving, use and storage of food — if the food is produced and sold in Utah, sold directly to an "informed final consumer", for personal or home consumption, and not excluded by the act (§ 4-5a-104(1)). You must still comply with business license requirements under Section 10-1-203 (§ 4-5a-104(2)). Food must be labeled with the producer's name and address, a disclosure that it's not for resale and was processed and prepared without state or local inspection, and a statement about common allergens (milk, soy, wheat, eggs, peanuts or tree nuts, fish, shellfish) (§ 4-5a-104(3)). The act does not cover raw dairy or most meat (§ 4-5a-105).
Who this guide is for
Utahns who bake, cook or make food at home and want to sell it — at their door, a farmers market or online — and want to know what's legal.
Key terms
- Homemade food product: food prepared in a private home kitchen that can be used as food or a nonalcoholic drink (§ 4-5a-102(6)).
- Informed final consumer: someone who buys directly from the producer or the producer's designated representative, doesn't resell the product, and has been told the product isn't certified, licensed, regulated or inspected by the state (§ 4-5a-102(7)).
- Direct-to-sale location: a farm, ranch, direct-to-sale farmers market, home, office, or any location agreed upon by the producer (or designated representative) and the consumer (§ 4-5a-102(4)).
- Designated representative: a person contracted by the producer to distribute, sell, deliver, hold, store or offer for sale the product (§ 4-5a-102(2)).
The exemption's conditions (§ 4-5a-104)
To use the exemption you must meet all of these:
- The food is produced and sold within Utah.
- It is sold directly to an informed final consumer.
- It is for personal or home consumption.
- It isn't excluded under § 4-5a-105.
- You comply with business license requirements under § 10-1-203.
- The label includes your name and address, a disclosure that it's not for resale and processed and prepared without state or local inspection, and the allergen statement. (Labeling doesn't apply to direct sales by home producers who are only minors.)
- You tell the final consumer that the food isn't certified, licensed, regulated or inspected by the state or any county or city.
Where you can't sell
- Not to restaurants or commercial establishments. Exempt homemade food may not be sold to or used by a restaurant or commercial establishment, except that you may sell raw, unprocessed fruits or vegetables to them (§ 4-5a-104(5)).
- Farmers markets: a direct-to-sale farmers market may include only products that haven't been certified, licensed, regulated or inspected; if it's connected with a regular farmers market, the areas must be separated and signed (§ 4-5a-103).
What the act doesn't cover (§ 4-5a-105)
- Raw dairy and raw dairy products.
- Meat products, with narrow exceptions: certain poultry sales if the producer slaughters no more than 1,000 birds per year under the USDA exemption and follows USDA guidance, and domesticated rabbit meat, pending USDA approval.
- The act doesn't stop the Department of Health from investigating foodborne illness, and state agencies may still assist or inspect on request. The department may not add extra limits by rule.
Business license and taxes
You still need to comply with city business license requirements (§ 4-5a-104(2)). See Utah Business License Requirements by City. Selling taxable items may require sales tax registration. See Utah Sales Tax Registration. Choosing a business structure: Sole Proprietorship vs. LLC in Utah. A name: Utah DBA Registration.
Liability and insurance
Exempt from licensing doesn't mean exempt from responsibility. If someone gets sick or has an allergic reaction, the producer can face injury claims. See Utah Product Liability Claims. Consider insurance and accurate allergen labeling.
Selling online or shipping
The statute's exemption is for direct sales within Utah to informed final consumers. Selling across state lines or through retailers triggers other rules; talk to the Utah Department of Agriculture and Food or a lawyer first.
Frequently asked questions
Do I need a food handler permit to sell cookies from home in Utah?
Under the act, a producer is exempt from state, county and city licensing and permitting for qualifying homemade food, but must still comply with business license requirements.
Can I sell to a coffee shop?
Not under the exemption, which bars sales to restaurants or commercial establishments (with an exception for raw fruits and vegetables).
Can I sell homemade jerky or raw milk?
The act excludes raw dairy and most meat products.
What must my label say?
Your name and address, a "not for resale" and "prepared without state or local inspection" disclosure, and common allergens.