What Changed in 2022 — And Why It Matters
Before 2022, Mississippi had one of the more restrictive cottage food frameworks in the South. The $10,000 annual gross sales cap was low enough that serious part-time sellers routinely hit it before the end of the summer farmers market season. The 2022 amendment, passed through the Mississippi Legislature and signed into law, raised that cap to $25,000 in gross annual sales — a 150% increase that meaningfully opens the door for micro-businesses to grow without obtaining a commercial food processor license.
What didn't change: Mississippi still requires registration with the Mississippi Department of Agriculture and Commerce (MDAC) before you begin selling. Registration is free. Your home kitchen does not need to pass an inspection. Online sales and interstate shipping are still not permitted — all sales must be direct to the consumer in person.
The practical effect: a seller working two farmers markets per week can now realistically grow a sustainable part-time income under the cottage food umbrella, where before they'd need to consider licensing after a good summer.
Who Can Operate Under the Cottage Food Law
Mississippi's cottage food law applies to any individual producing food in their personal residence — the home where they actually live. Commercial kitchen rentals, churches, and community kitchens do not qualify for the cottage food exemption, regardless of their licensing status. You must be cooking in your home kitchen.
There is no residency duration requirement. You do not need a business license at the state or county level to register under the cottage food law (though you should confirm whether your county or municipality has additional local business registration requirements — a few Mississippi counties do).
What You Can Sell in Mississippi
Mississippi's cottage food law covers non-TCS foods — foods that do not require time/temperature control for safety. TCS is the food safety industry term for foods that support pathogen growth if not kept refrigerated or properly hot. Non-TCS foods are shelf-stable at room temperature.
Commonly approved products include:
- Baked goods — cookies, brownies, muffins, quick breads, yeast breads, cakes without custard or cream fillings, biscuits, scones
- Pies — fruit pies, nut pies (pecan, chess), sweet potato pie. Custard pies, cream pies, and meringue pies are not permitted.
- Jams, jellies, and preserves — high-sugar, high-acid shelf-stable products. Jams with a pH below 4.6 are generally considered safe; any low-acid canned product is not.
- Candy and confections — fudge, pralines, brittles, chocolate bark, hard candies, caramels (shelf-stable)
- Granola and cereal mixes — including granola bars (if shelf-stable and not requiring refrigeration)
- Fruit butters — apple butter, peach butter, and similar high-sugar products
- Dried goods — dried herbs, spice blends, tea blends, dried pasta (egg-free), dried fruit
- Roasted nuts and nut mixes
- Honey — if you keep your own bees, honey may be sold separately under Mississippi's raw honey exemption
What is NOT allowed: Any food requiring refrigeration. This includes: cheesecakes, custard-filled pastries, cream pies, tiramisu, pimento cheese, meat products, dairy-based items, home-canned low-acid vegetables (green beans, corn, carrots, etc.), and any product the MDAC considers a TCS food.
Custard pies — including any filling made with eggs and dairy that requires refrigeration — are not cottage food in Mississippi. Sweet potato pie made without dairy may be acceptable, but egg-custard sweet potato pies (the traditional Mississippi style) are borderline. When in doubt, ask the MDAC before selling.
How to Register — Step by Step
Mississippi requires cottage food producers to register with the Mississippi Department of Agriculture and Commerce before their first sale. Here's exactly how to do it:
- Visit the MDAC website — go to mdac.ms.gov and navigate to the Food Safety section
- Complete the cottage food producer registration form — as of 2024, this can be done online or by mail
- No fee is required — Mississippi's cottage food registration is free
- No inspection occurs — your home kitchen will not be inspected as part of registration
- Receive your registration confirmation — keep this on file; some farmers markets may ask for proof of registration
- Begin selling — once registered, you may start selling immediately
Registration does not need to be renewed annually, but you should confirm the current renewal policy with the MDAC, as this has changed in the past.
Mississippi Cottage Food Label Requirements
Every product you sell must have a label that includes all of the following. This is not optional — selling unlabeled or incorrectly labeled cottage food is a violation of Mississippi law.
- Your full legal name
- Your home street address (the address where the food was produced)
- City, state, and zip code
- The name of the food product
- A complete list of ingredients in descending order by weight
- Net weight or net volume
- This exact disclosure statement: "THIS PRODUCT IS MADE IN A HOME KITCHEN THAT HAS NOT BEEN INSPECTED BY THE MISSISSIPPI DEPARTMENT OF AGRICULTURE AND COMMERCE"
The disclosure statement must appear legibly on the label. There is no minimum font size specified in Mississippi law, but it should be clearly readable. A font size of 6–8pt minimum is widely recommended.
Mississippi does not currently require FDA-format nutrition facts panels for cottage food. However, major food allergens (milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soybeans, sesame) should be disclosed — either within the ingredient list or with an "Contains:" statement. While not explicitly required under Mississippi's cottage food law, allergen disclosure is required under federal law for most packaged foods and protects you from liability.
Where You Can Sell
Mississippi cottage food law permits direct-to-consumer sales only. Allowed channels include:
- Farmers markets — the most common sales channel for Mississippi cottage food sellers. Contact your local market manager; most markets permit cottage food vendors without additional fees.
- Your home — you may sell directly from your home, though some counties have local zoning rules about commercial activity in residential areas.
- Community events, craft fairs, and festivals — permitted as direct sales venues
- Roadside stands — permitted, similar to produce stands
Not permitted: Online sales, mail order, shipping, consignment in retail stores, or any sale that is not face-to-face between the producer and the end consumer.
Understanding the $25,000 Cap
The $25,000 limit applies to your gross annual sales — your total revenue from all cottage food sales combined, not your profit. If you sell $26,000 worth of cookies but spent $8,000 on ingredients, your gross sales are still $26,000, which exceeds the cap.
There is no monthly cap — just an annual one. You could theoretically sell $20,000 worth of product in November and December alone, as long as your full-year total stays under $25,000.
If you anticipate exceeding the cap, you have options: stop selling for the remainder of the year, or apply for a Mississippi food processor license, which allows unlimited sales from a properly licensed and inspected commercial kitchen (which can be a shared-use or rented kitchen).
Keep your own sales records. Mississippi does not require you to submit sales reports, but in an audit or dispute, you'll need to demonstrate you stayed under the cap.
Frequently Asked Questions
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Mississippi's cottage food registration does not automatically expire on a set schedule, but you should verify current renewal requirements with the MDAC, as policies have changed in recent years. Contact the MDAC directly at mdac.ms.gov to confirm your registration is still current.
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Yes — the Mississippi Farmers Market in Jackson and most local farmers markets in the state permit cottage food vendors. You'll typically need to provide proof of your MDAC registration when applying for a vendor spot. Contact individual market managers for their specific application requirements, fees, and available space.
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Traditional Mississippi tamales (a distinct regional tradition) are generally not permitted under the cottage food law because they contain meat and require refrigeration — both TCS characteristics. Hot tamales sold at room temperature are also borderline, as they involve meat products. For tamale sales, a food handler's permit or licensed kitchen arrangement would typically be required. Contact the MDAC for a definitive ruling on your specific recipe.
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Sweet potato pie occupies a gray area. Recipes made primarily with sweet potato, sugar, and spices — without eggs or dairy — may be considered non-TCS shelf-stable. However, most traditional sweet potato pie recipes include eggs and evaporated milk, making them custard-style pies that require refrigeration and are therefore not permitted under cottage food law. Contact the MDAC with your specific recipe for a ruling before selling.
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Exceeding the cap without a commercial food processor license is a violation of Mississippi law. Penalties can include fines and an order to cease operations. If you're approaching the cap, contact the MDAC about transitioning to a licensed food processor operation. You can use a shared-use or rented licensed commercial kitchen if you don't want to license your home.
Official Source
Mississippi's cottage food law is codified at Miss. Code Ann. § 75-32-1 et seq. The administering agency is the Mississippi Department of Agriculture and Commerce (MDAC), Bureau of Plant Industry, Food Safety Division.