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Method

Sources & method

How these determinations were made, which figures remain unresolved, and where widely-cited aggregator sites are wrong.

Last reviewed July 2026 · Not legal advice

Method

Every wholesale and channel determination in this guide is anchored to one of:

  • the state statute or administrative code
  • the responsible agency's own page or application form
  • an official agency FAQ

Where a determination rests on a secondary source, it is named inline. Where sources conflict, the conflict is stated rather than resolved silently.

Unresolved figures

These are known gaps. Verify before onboarding a maker in these states.

State Unresolved
New Hampshire Licensed (Class H) tier fee — sources conflict between $50/year and $150/year. Verify against the NH DHHS fee schedule.
Utah Revenue cap. Sources cite roughly $50,000; UDAF's own page does not clearly confirm a figure.
New York Some 2026 third-party sources assert a $50,000 cap and a two-hour food-safety course. Official Ag & Markets materials publish neither.
Georgia GDA's HB 398 FAQ claims interstate shipping is permitted. This conflicts with FDA jurisdiction and with several aggregators. Do not rely on it.
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Two programmes were not exhaustively re-verified at tier level — the exact restaurant and bar treatment in Utah, and New Hampshire's licensed tier. The wholesale channel itself is confirmed open in both. Confirm with the relevant department before signing maker agreements.

Where aggregators are wrong

Third-party cottage food directories conflict with each other and go stale quickly. Specific errors found:

  • North Carolina is widely listed as direct-only. It is not. NCDA&CS and NC State Extension both state that cottage-kitchen processors may sell to retail stores, restaurants, or directly to consumers, and the application's Step 7 requires wholesale labelling. StandScout and older FoodSafePal text carry the error.
  • West Virginia is listed by StandScout as direct-only or grey. The statute permits third-party vendors.
  • Arkansas — UA Extension's page reads as direct-only, while the Arkansas Department of Health guide permits retail vendors.
  • The Forrager retail-store list is broadly correct but misses three states that opened very recently: Texas (SB 541), Georgia (HB 398), and Hawaii (Act 195).

Recency

Statutes in this area are changing faster than at any point in roughly fifteen years. Changes within the last ~24 months:

Jurisdiction Change Effective
Texas SB 541 — wholesale opened, cap raised to $150K 1 Sept 2025
Hawaii Act 195 / HB 2144 — wholesale opened 24 Aug 2025
Georgia HB 398 — license, fee, and cap removed 1 July 2025
District of Columbia D.C. Law 26-7 — wholesale to licensed food establishments added 10 June 2025
Alaska HB 251 — Homemade Food Rule replaced the $25K cottage rule Aug 2024
Oklahoma HB 2975 — $15 privacy registration 1 Nov 2024
South Carolina SCDA assumed regulation July 2024
Oregon SB 643 cap base, ODA indexing rule Jan 2024 / 2026

Re-evaluate Tier 3 states annually. Several have moved from closed to open in a single legislative session.

Federal preemption

Federal FDA jurisdiction overrides every state cottage exemption the instant product crosses a state line. No state-law wholesale permission changes this.

Treat the network as a set of independent intrastate operations unless a maker obtains federal facility registration.

Scope limits

This analysis covers non-TCS shelf-stable foods — products that do not require time or temperature control for safety. That classification is load-bearing: it is the reason wholesale is available at all in most of these states.

Where a statute names a specific product on its allowed list, that naming does not extend to other products. Wyoming names popcorn in its statutory non-PHF definition; Iowa, Utah, New York, DC, North Dakota, Arizona, West Virginia (caramel corn), and Tennessee name it on allowed-food lists. A different product must qualify on its own terms.

Products containing dairy, meat, high-moisture components, or anything requiring refrigeration are outside the scope of this guide and are generally excluded from these programmes entirely.

Not legal advice This guide is a research summary prepared for planning purposes. It is not legal advice and does not create any professional relationship. Cottage food statutes change frequently and are enforced by state and local agencies whose interpretations vary. Confirm current requirements with the relevant department before onboarding a maker or signing a retail account.