Nuts & Seeds
Roasted and flavored nuts are non-TCS; tree nut, peanut and sesame allergens must be declared.
Cottage Food EligibleDryNon-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
| Item | Rule | Regulator |
|---|---|---|
| Nuts | Non-TCS dry products | 105 CMR 590.010(F) |
| Allergens | Tree nut, peanut, sesame declared | FDA FASTER Act |
| Candied nuts | Candy and confectionery taxable | MA DOR |
| Nutrition | Small-business exemption notice | FDA 101.9 |
| Weights | Sealed scale | MA 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