If you’re looking to launch a small, home-based food business in Mississippi, the state’s cottage food laws provide flexibility and a clear path to get started. Mississippi allows the sale of certain homemade foods that are considered non-hazardous, making it easier to become a cottage food producer. Here’s a breakdown of what you need to know about Mississippi cottage food law, obtaining a food license Mississippi, and how to get your home business up and running.
1. What is a Cottage Food Producer?
A cottage food producer in Mississippi is someone who prepares and sells low-risk food products from their home kitchen. These foods must be non-hazardous, meaning they don’t require refrigeration for safety. Common items sold by cottage food producers include:
- Baked goods like cakes, cookies, and breads
- Jams, jellies, and preserves
- Dry herbs and spices
- Candy and confections
According to Mississippi cottage food law, cottage food producers can sell their items directly to consumers at farmers markets, roadside stands, and other direct-sale venues without requiring a commercial kitchen or food handler’s permit.
2. Mississippi Cottage Food Law
Mississippi’s cottage food law allows individuals to sell homemade food without the need for a commercial kitchen or formal inspection. However, there are some important guidelines:
- Annual sales are capped at $35,000.
- Only non-potentially hazardous foods can be sold (those that don’t require refrigeration).
- Sales are restricted to direct-to-consumer transactions. Cottage food producers cannot sell through retail stores or online.
While cottage food businesses are exempt from obtaining a food license Mississippi, it’s still important to ensure food safety and compliance with labeling requirements. Each product must be labeled with the name of the product, ingredients, and a disclaimer stating that the food was made in a home kitchen that is not inspected by the health department.
3. Obtaining a Cottage Food License in Mississippi
While no formal cottage food license is required under Mississippi’s cottage food laws, there are still some steps you need to take to operate legally:
- Food Safety Training: Although not mandatory, taking a food safety course can help ensure that you’re following proper practices.
- Registration: Cottage food operators in Mississippi are not required to register with the state, but local regulations may vary. It’s a good idea to check with your local county health department to ensure you’re compliant.
- Labeling Requirements: Properly label all products to comply with Mississippi’s cottage food law. Labels must include a list of ingredients and a clear disclaimer that the product is homemade and not inspected.
4. Food License Mississippi: When is it Required?
If you plan to sell food products outside the scope of the Mississippi cottage food law, such as temperature-controlled items or foods that require refrigeration, you will need to apply for a formal food license Mississippi. This includes using a certified commercial kitchen and submitting to regular inspections by the health department. For example, if you’re planning to sell meats, dairy products, or prepackaged meals, you’ll need to follow stricter regulations.
5. Starting a Cottage Food Business in Mississippi
Here’s a quick step-by-step guide for getting started as a cottage food producer:
- Choose Your Products: Decide on non-hazardous food items that you’d like to sell, such as baked goods, jams, or candies.
- Labeling and Sales Limits: Ensure your products are properly labeled with ingredients and include the required home kitchen disclaimer. Stay within the $35,000 annual sales limit.
- Direct Sales Only: Remember that all sales must be direct to consumers. You can sell at farmers markets, craft fairs, and from your home, but not through retail stores or online platforms.
- Consider Food Safety: Although Mississippi doesn’t require it, taking a food safety course will help you avoid any potential issues with food handling.
6. Scaling Beyond Cottage Foods: Additional Licenses
If your business grows beyond what is allowed under Mississippi’s cottage food laws, you’ll need to explore additional licensing options. This might include obtaining a food license Mississippi for commercial food production, securing a small business license, or exploring commercial kitchen rentals for larger-scale food preparation.
*Disclaimer: This article or any content hereof is not a substitute for professional legal advice, does not create an attorney-client relationship, nor is it a solicitation to offer legal advice.