Missouri Statewide Rule
Missouri Cottage Food Operations Preempt Local Health Rules
Key Facts
- Statute
- RSMo 196.298
- Allowed products
- Baked, jams, dried herbs
- Local regulation
- Preempted
- Inspection
- Not required
- Sales channel
- Direct to consumer
Summary
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.
196.298. Definitions — operation not deemed food service establishment, when — no state or local regulation. — 1. As used in this section, the following terms shall mean: (1) "Baked good" , includes cookies, cakes, breads, danish, donuts, pastries, pies, and other items that are prepared by baking the item in an oven. A baked good does not include a potentially hazardous food item as defined by department rule; (2) "Cottage food production operation" , an individual operation out of the individual's home who: (a) Produces a baked good, a canned jam or jelly, or a dried herb or herb mix for sale at the individual's home; and (b) Sells the food produced under paragraph (a) of this subdivision only directly to consumers; (3) "Department" , the department of health and senior services; (4) "Home" , a primary residence that contains a kitchen and appliances designed for common residential usage. 2. A cottage food production operation is not a food service establishment and shall not be subject to any health or food code laws or regulations of the state or department other than this section and rules promulgated thereunder for a cottage food production operation. 3. (1) A local health department shall not regulate the production of food at a cottage food production operation. (2) Each local health department and the department shall maintain a record of a complaint made by a person against a cottage food production operation. 4.
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
Can a Missouri city require a permit for my home cookies?
What products are allowed under Missouri cottage food law?
Sources
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