Baked Goods
Breads, cookies and cakes from a permitted home kitchen, sold direct to consumers.
Cottage Food EligibleNoneAnnual sales cap
LocalPermit from your town
Non-TCSFoods only
$100Boston permit fee
What is covered and what needs a different path
What this guide covers
- Breads, rolls, cookies, brownies, muffins
- Cakes with stable frostings or glazes
- Pies with fruit fillings that are not custard
- Granola bars and baked mixes sold dry
Needs a different path
- Cheesecake, cream or custard pies and fillings (TCS)
- Cream-cheese or whipped-cream frostings
- Wholesale to stores or restaurants (DPH wholesale license)
- Sales from a kitchen that is not your primary home
Three compliance steps
A
Apply for the permit
Apply to your city or town Board of Health for a Residential Kitchen (cottage food) permit. Fees are set locally; Boston lists $100.
B
Make only non-TCS foods
Foods that do not need time or temperature control for safety. Anything needing refrigeration, or a pH or water-activity process, moves to a licensed kitchen.
C
Label and sell direct
Sell directly to consumers. Label with name, address, ingredients, allergens, net weight and the residential-kitchen statement. Wholesale needs a DPH license.
Quick reference
| Item | Rule | Regulator |
|---|---|---|
| Permit | Residential Kitchen permit required before selling | Board of Health |
| Foods | Non-TCS only; retail and direct to consumer | 105 CMR 590.010(F) |
| Wholesale | Separate DPH wholesale residential kitchen license | DPH Food Protection |
| Labeling | Name, address, ingredients, allergens, net weight | 105 CMR 520; FDA |
| Allergens | Nine major allergens including sesame declared | FDA |
| Sales tax | Prepackaged baked goods from non-restaurant sellers generally exempt | MA DOR |
Frequently asked questions
Is there a sales cap?Massachusetts sets no annual dollar cap for residential kitchens; the limits are food type and sales channel.
Can I sell online or ship?Direct-to-consumer sale is the model. Interstate shipping adds federal labeling and carrier rules; ask your Board of Health first.
Do I get inspected?The local board reviews the application and may inspect before issuing the permit.
Printable checklist
- Permit application filed with Board of Health
- Recipes checked as non-TCS
- Label includes residential-kitchen statement
- Allergens bolded or listed
- Net weight on package
- Pets excluded in prep area
- Wholesale plans separated