What If My Product Doesn’t Qualify?

If your product qualifies, skip ahead

Not every food product fits under cottage food laws—and that’s okay. If your product contains meat, poultry, seafood, dairy, or requires refrigeration or freezing, you’ll fall under broader commercial food regulations. That sounds intimidating, but it simply means you need to treat your business like a professional food operation from day one.

Who Regulates What?

Once you move beyond cottage food rules, regulation becomes more fragmented. Here’s a breakdown of the agencies you might interact with:

• USDA (via FSIS): Regulates meat, poultry, and egg products, especially those sold across state lines. If you’re making items like jerky, sausage, or chicken-based dishes, you’ll need USDA oversight—and that means inspection, daily sanitation logs, and often a HACCP plan.

• FDA: Governs most non-meat packaged foods, including snacks, sauces, baked goods with shelf-stable dairy, and bottled drinks. You’ll typically register your facility with the FDA if you’re producing at scale or shipping interstate.

• State Departments of Agriculture or Health: Most products sold within one state—especially those that don’t fall under federal jurisdiction—are regulated locally. These agencies inspect facilities, approve labels, and issue food processing licenses. The level of oversight varies widely by state.

• Local Agencies: City or county health departments may have additional requirements related to zoning, sanitation, wastewater handling, and food handler certifications—especially if you operate your own kitchen.

Understanding who regulates your product is critical. It affects how and where you can sell, how you label your items, and whether you’ll need a licensed facility. If you're unsure, start by contacting your state’s food safety division—they’ll direct you to the right authority.

Production Options for Non-Cottage Products

If your product doesn’t qualify for home kitchen production, you still have affordable paths forward:

1. Shared Commercial Kitchens
These licensed, inspected facilities allow multiple businesses to rent space by the hour or day. They’re ideal for early-stage brands that need legal production without committing to a full buildout. Many are designed specifically for small food startups and offer storage, prep areas, and equipment.

Learn more: Choosing a Commercial Kitchen

2. Setting Up Your Own Licensed Kitchen
If you have the space and want more control, it’s possible to license a separate kitchen in your home or on your property. This might involve retrofitting a garage, converting a shed, or building out a section of your home that’s physically separated from personal areas. It’s more work—but it can offer flexibility and long-term savings.

3. Partnering with a Co-Manufacturer (Co-Packer)
Some brands skip their own production altogether and hire licensed co-packers to make their products. This is common in shelf-stable categories like sauces, snacks, or bottled beverages. While it reduces control and adds cost, it allows you to stay focused on branding and sales while meeting all legal requirements.

Each of these options comes with different startup costs, operational complexity, and scheduling logistics. But the upside is huge: you can scale with confidence, sell through more channels, and know that your operation is built on a legal foundation.