The Non-TCS Rule

All cottage food laws restrict sales to non-TCS (non-Time/Temperature Control for Safety) foods. For baked goods, this means: if it can sit on a shelf at room temperature safely, it qualifies. If it requires refrigeration, it does not.

Almost Always Permitted

  • Cookies — all types (chocolate chip, sugar, shortbread, snickerdoodle, macarons with shelf-stable filling)
  • Brownies and bars — fudge brownies, lemon bars, blondies, rice crispy treats
  • Muffins and quick breads — banana bread, zucchini bread, pumpkin muffins
  • Yeast breads — sourdough, sandwich loaves, dinner rolls, focaccia, baguettes
  • Cakes with shelf-stable frosting — pound cake, bundt cake, cakes with buttercream (no fresh cream cheese)
  • Scones and biscuits
  • Non-custard pies — fruit pies (apple, peach, cherry), pecan pie, chess pie
  • Crackers and flatbreads

Generally NOT Permitted (Requires Refrigeration)

  • Custard pies — egg-based fillings (pumpkin custard, egg tarts, quiche)
  • Cream pies — Boston cream, banana cream, coconut cream
  • Cheesecake — all varieties
  • Cream-filled pastries — eclairs, cream puffs
  • Cakes with fresh dairy fillings or cream cheese frosting
  • Tiramisu, mousse cakes
The Cream Cheese Frosting Question

Cream cheese frosting is TCS — cream cheese requires refrigeration. Cakes with cream cheese frosting are generally not permitted under cottage food law. Shelf-stable buttercream (butter + powdered sugar, no cream cheese) is fine.

State Variations

A few states have broader or narrower lists. Texas and Florida are very permissive. Hawaii is very restrictive. Use the Law Finder to check your specific state.

Informational Only: Laws vary by state and change frequently. Verify current rules with your state agriculture department before selling. Not legal advice.

FAQ

  • Yes. Sourdough is shelf-stable and is permitted in virtually every state under cottage food law.
  • No. Cheesecake requires refrigeration (TCS) and is not permitted under cottage food law in any state.
  • It depends on the recipe. Most traditional recipes use eggs and dairy, making them custard-type pies (TCS) that are not permitted. Check with your state agriculture department with your specific recipe.