Massachusetts regulates home food production under 105 CMR 500.000 (Good Manufacturing Practices) — there is no 'cottage food' exemption like other states. Most home-prepared foods require a Residential Kitchen permit from the local Board of Health and registration with MDAR. Farmers market sales of home-baked breads, jams, and non-PHF items are allowed with proper licensing.
Unlike many states with cottage-food laws that exempt home bakers from licensing, Massachusetts requires permitting for nearly all commercial food preparation. Under 105 CMR 500.000 (Good Manufacturing Practices for Food) and 105 CMR 590.000 (State Sanitary Code Chapter X, Food Service), any person preparing food for commercial sale must operate in a licensed kitchen. MA does offer a 'Residential Kitchen' permit pathway under 105 CMR 590.009 for non-potentially-hazardous foods (baked goods, jams, jellies, honey, acid candies, dried herbs) — the home kitchen must be inspected by the local Board of Health, meet sanitary standards, and not be used for family meals during production. The producer must also register with the MA Department of Agricultural Resources (MDAR) and obtain a Food Establishment Permit. Products must be labeled with producer name, address, ingredients, allergens, and net weight per MGL c. 94, §187. Boston Residential Kitchen permits are issued by Boston Public Health Commission (BPHC); Chelsea, Revere, and Winthrop issue through their local Boards of Health. Sales limited to direct-to-consumer (farmers markets, at the kitchen, farmers-market-style events) — wholesale and most online interstate sales require commercial kitchen licensing. Potentially hazardous foods (meat, dairy, canned low-acid foods, refrigerated items) cannot be produced under residential kitchen permits. Revenue caps are not explicitly set in MA regulation.
Selling non-PHF without residential kitchen permit: cease and desist, fines up to $500 per MGL c. 94, §305C. Selling PHF from home kitchen: public health violation, possible criminal charges under MGL c. 94, §186. Labeling violations: $100-$500 per occurrence.
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