New Hampshire RSA 143-A (Homestead Food Operations) authorizes Nashua residents to sell non-potentially hazardous homemade foods directly to consumers without a license up to $35,000 in gross annual sales. Above $35,000 or for wholesale/internet/mail order, a Class H Homestead Food License ($150) from NH DHHS is required. Allowed products: breads, cookies, jams, jellies, candies, fudge, dry mixes, pickles, fruit pies. Nashua Sec. 190-20 requires a Minor or Major Home Occupation approval in addition to the state food framework.
New Hampshire's homestead food framework is codified at RSA 143-A:12 (Homestead Food License Required) and implemented by N.H. Admin. Code He-P 2310. Exempt Homestead Food Operations may sell non-potentially hazardous foods directly to consumers from the home, at the operator's farm stand, at farmers' markets, or at retail food stores without a NH DHHS license — provided gross annual sales do not exceed $35,000. Allowed products include breads, rolls, muffins, cookies, brownies, double-crusted fruit pies, jams, jellies, preserves, candies, fudge, packaged dry products (mixes, granola, popcorn, herbs), and pickles meeting acidified-food rules. Prohibited (potentially hazardous) products include cream pies, custards, cheesecakes, pumpkin pies, meat products, dairy, fermented foods, low-acid canned goods, sandwiches, and any temperature-controlled-for-safety food. Labels on exempt products must state in at least 10-point font: 'This product is exempt from New Hampshire licensing and inspection.' Operations exceeding $35,000 in gross sales, or selling wholesale, to retail food establishments, via the Internet/mail order, or to wholesalers/brokers, must obtain a Class H Homestead Food License ($150 annual fee) under RSA 143-A:13. Licensed-product labels must state: 'This product is made in a residential kitchen licensed by NH DHHS.' On the local zoning side, Nashua Land Use Code Sec. 190-20 still applies — the cottage food operation is a home occupation and requires a Minor Home Occupation Certificate of Use ($100 sq ft cap or 200 sq ft) or a Major Home Occupation Special Exception (300 sq ft cap, 1 nonresident employee) from the Zoning Board of Adjustment. On-premises retail sales from the home are limited by the residential-character requirement — most Nashua cottage food operators sell through farmers' markets (Nashua's downtown farmers' market runs Sundays mid-June through mid-October), online order with pickup, or at festivals and pop-ups.
Selling unapproved (potentially hazardous) products, exceeding $35,000 without a Class H license, or selling to retailers without licensing is enforced by NH DHHS Food Protection with cease-and-desist orders, embargo of product, civil penalties under RSA 143-A:18, and revocation of a Class H license. Local Nashua zoning violations are enforced by the Administrative Officer with civil penalties under NH RSA 676:17 of up to $275 per day first offense and $550 per day subsequent.
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