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Bristol County, MA Home Business: Cottage Food Operations (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified April 2026

Key Facts

Program
Residential Kitchen (105 CMR 590)
Register
Local Board of Health
Allowed
Non-hazardous baked, jams
Labeling
FALCPA-compliant
Fee
$25 to $150

Summary

Massachusetts Residential Kitchen Operator program under 105 CMR 590 requires registration with local Board of Health. Permitted non-potentially hazardous foods only. Bristol County BOHs (Fall River, New Bedford, Taunton) issue permits after inspection.

These county ordinances apply to unincorporated areas of Bristol County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Section 305B. The commissioner of public health, on his own initiative or at the request of a local board of health, may require any person working in an establishment engaged wholly or in part in the business of producing, manufacturing, processing, storing or offering or exposing for sale any article of food and whose duties actually involve the handling of food during such production, manufacture, processing, storing or offering or exposing for sale, to submit to thorough examination by the department of public health [...] to ascertain whether or not he is afflicted with any contagious, infectious or other disease or physical ailment which might render such employment detrimental to the public health [...]. No owner, manager or person in charge of such an establishment shall knowingly require or permit any person who is found upon examination to be afflicted or to be a carrier as aforesaid, or who refuses to submit to such examination, if required so to submit, to continue to work therein in the performance of duties actually involving the handling of food as aforesaid. Whoever violates any provision of this section or of any rule or regulation made thereunder shall be punished by a fine of not less than ten nor more than one hundred dollars. For the purposes of this section, the word ''food'' shall mean and include all articles, whether simple, mixed or compound, used or intended to be used for food or drink, confectionery or condiment, by human beings.

Source: MGL c. 94, §305BView official code

Full Breakdown

Massachusetts does not have a classic cottage-food law; instead, home food businesses operate as Residential Kitchen Operators under 105 CMR 590 and the Mass Food Code. Operators must register with the local Board of Health, pass a kitchen inspection, complete a food safety (ServSafe or equivalent) course, and limit products to non-potentially hazardous foods: baked goods, jams, jellies, dry mixes, candies, fudge, and hard candies. Refrigerated or cut produce items are not permitted. Products must be labeled with all ingredients, allergens (FALCPA), net weight, and operator's name and address. No employees outside the household. Fall River, New Bedford, and Taunton Boards of Health each administer this independently with permit fees typically $25 to $150. Sales directly to consumer; wholesale and retail resale generally not allowed without commercial-kitchen licensing.

Violations & Fines

Unregistered operation: cease-and-desist from BOH. Potentially hazardous food: immediate shutdown. Labeling violations: warning then $100 to $500 fine. Repeat: permit revoked.

Frequently Asked Questions

What are typical penalties for violating cottage food rules?
Most Bristol County home business violations start with a written warning followed by escalating civil fines for repeat offenses. Specific dollar amounts and any criminal-misdemeanor exposure depend on the section of code; consult Bristol County's municipal code or staff for the current penalty schedule.

Sources & Official References

Other rules in Bristol County

All Bristol County rules

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