What is covered vs. needs a different path
Covered
- Breads, cookies, brownies
- Cakes without cream or custard
- Fruit pies, pastries
Needs a different path
- Cream, custard, meringue fillings
- Cheesecake, refrigerated items
- Wholesale to stores or cafes
Three compliance steps
A
Confirm shelf-stable
Only non-TCS items qualify for the home exemption.
B
Label
Name, ingredients by weight, net quantity, maker address, major allergens.
C
Sell direct
Sell to the end consumer at markets, home or online.
Quick reference
| Item | Rule | Regulator |
|---|---|---|
| Cream-filled goods | Refrigeration means license | KDA |
| Labels | Ingredients and allergens | KDA / FDA |
| Resale | Not permitted under exemption | KDA |
FAQ
Can I ship baked goods?
Sources describe direct shipping as allowed. Buyers in other states may trigger that state's rules.
Do I still need to collect sales tax?
Register with the Kansas Department of Revenue. The state rate on food and food ingredients has been 0 percent since Jan. 1, 2025, but local taxes still apply, and prepared food, alcohol, supplements and non-food items remain taxable (KDOR Pub. KS-1223).
Where do I get help?
Contact the regulator named in the table before you sell.
Printable checklist
- Name all nine major allergens plainly
- Verify each recipe is non-TCS
- Keep recipe and ingredient records
- Register with Kansas Dept. of Revenue
- Confirm local business or market rules