Why Candy Is Universally Permitted

Virtually all candy is shelf-stable, low-water-activity, and does not require refrigeration — which means it passes the non-TCS test in every state. Candy is permitted under cottage food law in all 50 states.

Almost Always Permitted

  • Fudge — chocolate, peanut butter, maple, vanilla
  • Pralines — pecan pralines, pecan brittle
  • Hard candy — lollipops, fruit drops, rock candy, mints
  • Brittles — peanut, pecan, cashew
  • Toffee — English toffee, almond toffee
  • Chocolate bark — dark, milk, white with mix-ins
  • Caramels — shelf-stable wrapped caramels (not liquid caramel sauce)
  • Divinity — the Southern meringue candy

Gray Areas

  • Chocolate truffles with fresh cream ganache — heavy cream ganache has limited room-temperature shelf life. Butter-based ganache is more stable.
  • Caramel sauce — liquid sauce requires refrigeration. Firm caramel pieces are fine.

Candy as a Scalable Business

Candy packages beautifully, has excellent shelf life, and commands high margins. Pralines at $2.50 each cost roughly $0.30-0.50 in ingredients. Fudge at $1.50-2/oz is very profitable. These margins make candy one of the most financially viable cottage food categories.

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