Missouri RSMo 196.298 expressly preempts local health departments from regulating cottage food production. Home producers may sell baked goods, jams, jellies, and dried herbs directly to consumers without state inspection or permits.
Missouri's cottage food law in RSMo 196.298 allows producers to sell shelf-stable baked goods, canned jams and jellies, and dried herbs directly from a home kitchen to end consumers. The statute provides that a local health department shall not regulate the production of food at a cottage food production operation, creating clear preemption. Operations are exempt from state food code requirements except those tied to this section. Sales are limited to direct-to-consumer transactions and require labels listing the producer, address, ingredients, and a notice that the food is not inspected. Local health departments and the state retain authority to investigate foodborne illness outbreaks.
Selling unapproved products such as meat, dairy, or refrigerated items, omitting required labels, or selling through unauthorized channels can trigger state enforcement, embargoes, or civil penalties.
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