Michigan Statewide Rule
Michigan Cottage Food Law Preempts Local Permit Requirements
Key Facts
- Statute
- MCL 289.4102
- Sales cap
- $50,000 gross annually
- Higher-priced items
- $75,000 cap if $250+ per unit
- License needed
- None if compliant
- Required label
- Made in uninspected home kitchen
Summary
Michigan's Cottage Food Law lets you sell qualifying non-hazardous homemade foods without a license or inspection as long as gross sales stay under $50,000 a year. A $75,000 cap applies to items priced $250 or more per unit. Local health permits are preempted.
289.4102 Cottage food operation; exemption from licensing and evaluation provisions; requirements; registration program; MSU Product Center. Sec. 4102. (1) A cottage food operation is exempt from the licensing and evaluation provisions of this act. This exemption does not include an exemption from the adulteration and other standards imposed in this section or under this act, or both, and does not limit the ability of the department to take appropriate enforcement action for applicable violations as described in section 5101. This subsection does not require a cottage food operation to meet the standards contained in 21 CFR part 110 or the food code. (2) Cottage food products must be prepackaged and properly labeled before sale. (3) A cottage food operation shall place on the label of any food it produces or packages the following information: (a) One of the following, as applicable: (i) The name and address of the business of the cottage food operation. (ii) The name, telephone number, and registration number issued under subsection (8) of the business of the cottage food operation. (b) The name of the cottage food product. (c) The ingredients of the cottage food product, in descending order of predominance by weight. (d) The net weight or net volume of the cottage food product. (e) Allergen labeling as specified by federal labeling requirements. (f) If any nutritional claim is made, appropriate labeling as specified by federal labeling requirements.
Full Breakdown
MCL 289.4102 exempts cottage food operations from MDARD licensing and inspection if annual gross sales stay under $50,000 (raised from the longstanding $25,000 by 2025 legislation effective March 2026); a higher $75,000 cap applies to products priced $250 or more per unit. Foods must be non-potentially-hazardous items such as baked goods and jams, labeled as made in an uninspected home kitchen. As of 2026, sales may be made online, by mail, and through third-party delivery within Michigan, not only face-to-face. Local governments cannot require their own food license, though home-occupation zoning still applies.
Violations & Penalties
Selling non-approved potentially hazardous foods, or exceeding the $50,000 cap ($75,000 for items $250 or more per unit), ends the exemption and triggers MDARD enforcement and possible misdemeanor charges.
Frequently Asked Questions
Can I sell cottage foods online to Michigan customers?
How much can a Michigan cottage food business sell per year?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.