Herbs & Spices
Dried herbs and spice blends are non-TCS and cottage-eligible; labels carry allergens.
Cottage Food EligibleDryNon-TCS products
9Allergens incl. sesame
LocalPermit from your town
NoneFederal registration
What is covered and what needs a different path
What this guide covers
- Dried culinary herbs
- Spice blends and rubs
- Herb salt and pepper blends
- Loose herbal teas (see Coffee & Tea)
Needs a different path
- Herbs infused in oil or vinegar (TCS risk)
- Medicinal claims (supplement rules)
- Wholesale to restaurants without DPH permit
- Fresh cut herbs sold with preparation (see Vegetables)
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 |
|---|---|---|
| Dried herbs | Cottage-eligible non-TCS | 105 CMR 590.010(F) |
| Blends | Ingredients in descending order | FDA |
| Sesame | Declare as the ninth allergen | FDA FASTER Act |
| Claims | Health claims make it a supplement | FDA |
| Weights | Sealed scale | MA Division of Standards |
Frequently asked questions
Can I call it medicinal?No. Health claims move it to Supplements.
Is sesame labeling required?Yes, since 2023 sesame is a major allergen.
Do herb blends need nutrition facts?Small-business exemptions may apply; check FDA 101.9.
Printable checklist
- Permit in hand
- Moisture checked
- Sesame and other allergens declared
- Ingredients in descending order
- Net weight on label
- Scale sealed
- No health claims