1. What is Cottage Food Law in Kansas?
Kansas operates under cottage food laws that allow individuals to produce and sell certain types of low-risk foods from their home kitchens. These laws enable small food businesses to sell directly to customers without needing a commercial kitchen or formal food license. Common foods sold under Kansas’ cottage food laws include:
- Baked goods (cakes, cookies, bread)
- Jams and jellies
- Candies and confections
- Dry mixes, herbs, and spices
- Snack mixes
These are considered “non-potentially hazardous” foods, meaning they do not require refrigeration to stay safe. Sales of these products can occur at farmers markets, roadside stands, or through direct sales to consumers.
2. Do You Need a Food License in Kansas?
Under Kansas’ cottage food laws, you do not need a formal Kansas food license to sell homemade, non-perishable foods directly to consumers. However, there are certain guidelines you must follow:
- Direct Sales Only: Cottage food businesses in Kansas can only sell directly to consumers, such as through farmers markets or at home. Selling through third-party retailers like grocery stores is not permitted.
- Labeling Requirements: Each product must include a label with the producer’s name and address, a list of ingredients, and a statement that the product was made in a home kitchen not inspected by the Kansas Department of Agriculture (KDA).
If you want to sell higher-risk foods (such as those that require refrigeration), you’ll need to use a commercial kitchen and obtain the appropriate Kansas food license from the KDA.
3. Steps to Start a Food Business in Kansas
A. Familiarize Yourself with Kansas’ Cottage Food Laws
To ensure you are compliant, it’s crucial to fully understand Kansas’ cottage food regulations. You can find more information about these laws and guidelines on the Kansas Department of Agriculture’s website.
B. Business Registration
Even though a food license is not required for cottage food businesses in Kansas, you may still need to register your business with local authorities. Check with your city or county government to ensure you comply with any zoning or business registration requirements.
C. Sales Tax License
Depending on the types of foods you sell, you may be required to collect and remit sales tax. You should contact the Kansas Department of Revenue to determine if a sales tax license is necessary for your business.
D. Food Safety Training
While food safety training is not required for cottage food businesses in Kansas, it is highly recommended. Completing a food safety course ensures that you follow safe practices in preparing and handling food, which will help build trust with your customers.
4. Expanding Beyond Cottage Foods
If you plan to sell foods not covered under Kansas’ cottage food laws, such as meat, dairy products, or other perishable goods, you’ll need to use a licensed commercial kitchen. You will also need to apply for the appropriate Kansas food license and submit to regular health inspections by the KDA.
5. Tips for Starting a Cottage Food Business in Kansas
- Start Small and Local: Since Kansas’ cottage food laws only allow for direct sales, focusing on local markets like farmers markets and community events is a great way to build your customer base. Start with a few core products and expand as you gain more experience.
- Labeling is Key: Ensure your products meet the state’s labeling requirements. Accurate labeling will help you stay compliant with Kansas laws and ensure transparency with your customers.
- Research Local Markets: Identify where your target customers are most likely to shop, such as farmers markets or local events, and focus on building a presence in those venues.
- Invest in Marketing: Even if you are selling locally, having an online presence can help spread the word about your business. Set up social media profiles and a simple website to showcase your products and tell your story.
*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.