Massachusetts expanded cottage food under MGL c. 94 §305A (2023 act). Residential kitchens may produce non-potentially-hazardous foods for direct sale up to $25,000/year. Local BOH inspection required.
MGL c. 94 §305A (Residential Kitchen Operations, amended 2023) allows home-based production of non-potentially-hazardous foods (baked goods, jams, jellies, candies, dried herbs, granola, honey) for direct-to-consumer sale. Annual gross sales capped at $25,000. Kitchen must be inspected and permitted by the local Board of Health. Foods requiring refrigeration (meat, dairy, canned non-acid vegetables) are excluded. Labeling must include name/address, ingredients, allergens, net weight, and 'Made in a Home Kitchen' statement. Quincy BOH, Brookline Health Dept., and Weymouth BOH all process cottage food permits, typically $50-$150 annual fee. Sales limited to direct consumer channels — farmers markets, online-with-local-pickup, home sales. No wholesale to retail stores. Food processor liability insurance recommended. MDAR regulates further under 330 CMR 1.00.
Unpermitted operation: BOH cease-and-desist, $50-$500 per violation. Selling potentially hazardous foods: criminal charge under MGL c. 94. Labeling violations: permit revocation.
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