Is Selling Homemade Food Legal in Pennsylvania After the 2026 Regulatory Updates?

Yes, Pennsylvania permits the sale of certain homemade foods under the Pennsylvania Home Food Act (Act 106 of 2018), which aligns with the FDA’s Cottage Food Law. Non-perishable items like baked goods, jams, and dried herbs may be sold without a permit, but compliance with labeling and sales venue restrictions is mandatory. The Pennsylvania Department of Agriculture (PDA) enforces these rules, with recent 2026 guidance emphasizing stricter allergen disclosure requirements for cottage food operators.


Key Regulations for Selling Homemade Food in Pennsylvania

  • Permitted Foods: Only non-potentially hazardous foods (e.g., bread, cookies, candy, fruit pies, jams) may be sold. Perishable items requiring refrigeration (e.g., cream pies, cheesecakes) are prohibited unless produced in a licensed commercial kitchen.
  • Labeling Requirements: All packaged foods must include the producer’s name/address, ingredients (including allergens), net weight/volume, and the statement: “Made in a Home Kitchen That Has Not Been Subject to Government Food Safety Inspection.”
  • Sales Restrictions: Direct-to-consumer sales are allowed at farmers’ markets, roadside stands, or online, but wholesale distribution to retail stores or restaurants is banned. Local municipalities may impose additional zoning or health department oversight.

Violations may trigger PDA inspections or penalties under the Pennsylvania Food Code. Operators should consult the PDA’s 2026 Cottage Food Guidance Document for updates on labeling exemptions and inspection protocols.