Nuts & Seeds

Roasted and flavored nuts are non-TCS; tree nut, peanut and sesame allergens must be declared.

Cottage Food Eligible
DryNon-TCS products
9Allergens incl. sesame
LocalPermit from your town
WeightsSealed scale

What is covered and what needs a different path

What this guide covers

  • Roasted, salted and flavored nuts
  • Seed mixes and trail mix
  • Nut butters (non-TCS)
  • Candied nuts

Needs a different path

  • Nut milks and dairy-free beverages (TCS)
  • Sprouted wet seeds
  • Wholesale without DPH permit
  • Products that share allergen lines without disclosure

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

ItemRuleRegulator
NutsNon-TCS dry products105 CMR 590.010(F)
AllergensTree nut, peanut, sesame declaredFDA FASTER Act
Candied nutsCandy and confectionery taxableMA DOR
NutritionSmall-business exemption noticeFDA 101.9
WeightsSealed scaleMA Division of Standards

Frequently asked questions

Do I need to label cross-contact?Advisory statements are voluntary; declare actual ingredients.
Can I sell nut milk?No, it is a perishable beverage.
Is candy taxable?Candy and confectionery are generally taxable in Massachusetts.

Printable checklist

  • Permit in hand
  • Allergens declared
  • Net weight on label
  • Scale sealed
  • Sales tax status for candied items
  • Clean storage
  • Cross-contact plan