Massachusetts allows residential kitchen food production under MGL c.94 s.305B with local Board of Health approval, and each Middlesex County town enforces 105 CMR 500 food code for residential kitchens.
Massachusetts does not have a true cottage food law like many other states. Instead, residential kitchen food production is regulated under MGL c.94 s.305B and 105 CMR 500, which require home food operators to register their residential kitchen with the local Board of Health in the Middlesex town where they live. Each of the 54 Middlesex municipalities has its own BOH that inspects the kitchen, reviews recipes for non-potentially hazardous status (typically baked goods, jams, jellies, candies, dry mixes), and issues a permit. Foods requiring time or temperature control for safety (meats, dairy-based products, cheesecakes, cream pies) are generally not permitted from residential kitchens. Operators must complete a ServSafe or equivalent food handler course, label products with name, address, ingredients, and allergens, and may be limited to direct sales (farmers markets, direct-to-consumer). Sales to restaurants or retailers usually require a commercial kitchen.
Contact your local code enforcement office for specific penalty information.
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