1. Overview & Key Facts
Missouri currently offers two paths under RSMo 196.298 for selling homemade food — both available today:
- Home-Based Baker — sell from your home kitchen. Covers baked goods, jams, and dried herbs. No permit, no inspection.
- Stand-Based Producer — sell from farm stands, farmers markets, roadside stands, and community events. Same product types, broader sales channels.
A third option — HB 3108 — expands Stand-Based Producer rights further (more foods, third-party sales, delivery rules) and is set to take effect August 28, 2026.
Below we cover the current Home-Based Baker and Stand-Based Producer paths in detail (sections 2–6), then the HB 3108 expansion (section 8).
"Baked goods, canned jams or jellies, and dried herbs or herb mixes" — RSMo 196.298.2(1)
| Fact | Detail |
|---|---|
| Permit required? | No |
| Inspection required? | No |
| Revenue cap? | None (removed by HB 1697 in 2022) |
| Label required? | Yes — must include ingredients, allergens, producer info, and disclaimer |
| Out-of-state shipping? | Prohibited |
| Wholesale? | Prohibited |
2. What You Can Sell
Missouri allows exactly three categories of cottage food under the home sales exemption:
| Category | Examples |
|---|---|
| Baked Goods (non-TCS) | Bread, cookies, cakes, pies, pastries, muffins, danish, donuts |
| Canned Jams & Jellies (high-acid) | Fruit jams, fruit jellies, preserves in sealed jars |
| Dried Herbs & Herb Mixes | Dried basil, oregano, seasoning blends, herb mixes |
Additionally allowed under Home Sales: Non-TCS granola and non-TCS dry mixes (pancake mix, cookie mix in a jar, etc.) are generally permitted, though check specific ingredients.
Cake Pops & Frosted Items
Cake pops are prohibited. DHSS classifies them as confections. Chocolate-coated items, frosting-bound items, and anything requiring refrigeration are not allowed.
Mini cakes with shelf-stable frosting are allowed — as long as the frosting is shortening-based (buttercream, sugar glaze), not dairy-based, and the item requires no refrigeration.
Cheese & Nuts in Baked Goods
Cheese and nuts baked into a product (cheddar bread, nut cookies) are allowed as ingredients. Standalone nuts or cheese are prohibited.
3. What You Cannot Sell
- Candy, confections, chocolate-coated items
- Cake pops
- Cheesecake (requires refrigeration)
- Fresh fruit, fresh vegetables
- Meat, poultry, fish, seafood
- Dairy products (standalone)
- Eggs (standalone)
- Honey (unless under separate honey exemption)
- Dried fruit or dried vegetables (not herbs)
- Popcorn, cereal, vinegar, coffee, tea
- Refrigerated or frozen foods
- Acidified or low-acid canned foods
- Any food requiring temperature control (TCS/PHF)
4. Where You Can Sell
Missouri's two paths differ primarily in where you sell — the product rules are the same for both.
Home-Based Baker Channels
| Channel | Allowed? | Notes |
|---|---|---|
| From your home (pickup) | ✅ | Primary home-based channel |
| Online sales (in-state only) | ✅ | Must deliver in Missouri |
| Delivery by you | ✅ | |
| Shipping via USPS/UPS/FedEx (in-state) | ✅ |
Stand-Based Producer Channels
| Channel | Allowed? | Notes |
|---|---|---|
| Farmers markets | ✅ | Recognized by DHSS & county health depts |
| Roadside stands / farm stands | ✅ | On your property or rented space |
| Community events | ✅ | Fairs, festivals, pop-ups |
| Online sales (in-state only) | ✅ | Same as home-based |
| Delivery by you | ✅ | |
| Shipping via USPS/UPS/FedEx (in-state) | ✅ |
Not Allowed (Either Path)
| Channel | Allowed? |
|---|---|
| Out-of-state shipping | ❌ |
| Wholesale to stores | ❌ |
| Retail stores | ❌ |
| Restaurants | ❌ |
| Grocery stores | ❌ |
5. Labeling Requirements
Required by Missouri Law (RSMo 196.298.4)
Every cottage food product must display these 3 items:
- Name of the cottage food operation — your business name or your name
- Address of the cottage food operation — where the food was produced
- Disclaimer statement:
"This food is not inspected by the Missouri Department of Health and Senior Services or the local health department."
Additionally Required (DHSS Guidance & Federal Law)
While not explicitly in RSMo 196.298, DHSS guidance and federal labeling laws (FALCPA) make these strongly expected:
- Product name — what the food is (e.g. "Chocolate Chip Cookies")
- Ingredient list — in descending order by weight
- Net weight — e.g. "Net Wt. 12 oz (340g)"
- Allergen statement — per FALCPA: milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soybeans, sesame
Best Practice (Recommended)
- List allergens even if product doesn't contain them (helps customers with severe allergies)
- Include a phone number or email for customer questions
- Add a "best by" or production date
- Use the same layout on every product — builds trust and recognition
Pro tip: Cottage Pro's Label Generator includes all statutory requirements, DHSS guidance, and FALCPA allergens automatically — Missouri-compliant labels in seconds.
6. Permits & Revenue
| Requirement | Status |
|---|---|
| Food handler card | Not required |
| Business license | Check with your city/county |
| Sales tax registration | May be required — check with Missouri DOR |
| Revenue cap | None (HB 1697, 2022) |
| Kitchen inspection | Not required |
7. Official Sources
- RSMo 196.298 — Home Food Sales Law
- DHSS Cottage Food FAQ
- Missouri Food Code (19 CSR 20-1)
- DHSS Retail Food Establishment Guidance
- DHSS Food Safety Program
- HB 3108 — Homemade Foods Expansion (2026)
8. Coming Expansion: HB 3108 (Aug 28, 2026)
Effective August 28, 2026. HB 3108 expands the existing Stand-Based Producer path — it does not create it. Stand-based sales (farmers markets, roadside stands, community events) are already legal under RSMo 196.298. HB 3108 broadens what Stand-Based Producers can sell and where.
| Change | Stand-Based Producer (Current) | Stand-Based Producer (HB 3108, eff. 8/28/2026) |
|---|---|---|
| Product types | Baked goods, jams/jellies, dried herbs (same as Home-Based Baker) | All non-potentially-hazardous foods + eggs & dairy (non-PHF) + limited meat |
| Third-party sales | Prohibited (direct-to-consumer only) | Allowed — retail shops, grocery stores, farm stands (with signage) |
| Meat & poultry | Prohibited | Allowed at farmers markets, farms, ranches, home/office (poultry up to 1,000 birds/year) |
| Eggs & dairy | Prohibited | Allowed (non-PHF only) |
| Sales channels | Farmers markets, roadside stands, community events, online | All current channels + third-party vendors, farm stands, retail spaces |
| Signage | Not specifically required | Required — retail spaces must post notice that food is not inspected |
| Consumer notice | Label disclaimer required | Label + signage: consumer must be informed product is not certified, inspected, or regulated |
| Delivery | In-state only, direct or shipping | PHF foods (except eggs/dairy) must be delivered directly producer→consumer |
| Out-of-state | Prohibited | Prohibited (unchanged) |
| Permit/inspection | Not required | Not required (unchanged) |
| Revenue cap | None | None (unchanged) |
Key takeaway: HB 3108 doesn't replace RSMo 196.298 — it layers additional rights on top for Stand-Based Producers. If you're already selling under the current Stand-Based Producer path, you keep those rights. Starting August 28, 2026, you gain the expanded options above.
Status: HB 3108 was introduced by Rep. Bruce Sassmann. It has passed the House and is currently in the Senate. The proposed effective date is August 28, 2026. Check the official bill tracker for the latest status.
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