Mississippi direct-to-consumer compliance, guide 2 of 24
Baked Goods
Breads, cookies, pastries and fruit pies from a home kitchen, sold straight to the customer.
Cottage Food EligibleWhat is covered
- Breads, biscuits, cookies, pastries, tortillas
- Fruit pies and waffle cones
- Items without cream, custard or meat fillings
Needs a different path
- Custard or cream pies and cheesecake (dairy products are not allowed)
- Anything shipped, sold online, or sold to stores or restaurants
- Items needing refrigeration to stay safe
Three compliance steps
- A
Bake at home
Make and store product in your home kitchen or an adjacent room used only for food storage. No sheds, barns or commercial kitchens.
- B
Label every item
Operation name and address, product name, ingredients by weight, allergens, net weight, and the cottage disclaimer in 10-point type.
- C
Sell face to face
Sell only to the final customer in Mississippi from your home, a farmers market, or a county or municipal fair. Advertising online is fine; selling online is not.
Quick reference
| Item | Rule | Regulator |
|---|---|---|
| Sales cap | $35,000 gross per year; HB 1108 (to $200,000) and other 2026 bills failed | MSDH |
| Where sold | From home, farmers markets, fairs; no online, mail, retail or wholesale | MSDH |
| Disclaimer | "Made in a cottage food operation that is not subject to Mississippi's food safety regulations." | MSDH |
| Allergens | Name the eight major allergens and the specific tree nut | FDA / FALCPA |
| Permit | No MSDH license; no routine inspections unless a complaint is filed | MSDH |
| Sales tax | Exempt only at an MDAC certified farmers market; otherwise register with DOR | MS DOR / MDAC |
Common questions
Can I sell cookies on Facebook Marketplace?
No. Online advertising is allowed, but the sale itself must happen in person, directly with the final customer.
Can I ship to a customer in another state?
No. Cottage foods made in Mississippi can be sold only in Mississippi.
Does the $35,000 cap count every sale?
Yes. It is gross annual sales across all locations and products.
Printable checklist
- Home kitchen only; no outbuilding
- Recipe has no cream, custard or meat
- Label has name and address of operation
- Ingredients listed by weight
- Allergens declared
- Net weight shown
- Disclaimer in 10-point type with clear contrast
- Sales records kept toward the $35,000 cap