Most perishable foods are off-limits for home sellers — but Kansas carves out a meaningful exception. Here's what a TCS food is, why it matters, and how Kansas's event exemption lets you sell prepared meals up to six times a year without a license.
The default rule in Kansas is that TCS (perishable) foods cannot be sold without a KDA food establishment license. However, two specific exemptions allow limited perishable sales for home producers — the 6-event rule and the 6-day rule. Both are covered in full on this page.
The Core Concept
TCS stands for Temperature Control for Safety. A TCS food is any food that requires time and temperature management to prevent the growth of harmful bacteria. These are foods that bacteria love — moist, protein-rich, with a pH close to neutral — and they can become genuinely dangerous if held in the "danger zone" between 41°F and 135°F for more than two hours.
The TCS classification is the dividing line in Kansas between what you can sell freely from home and what requires a licensed commercial kitchen. Shelf-stable foods (non-TCS) can be made and sold with zero government involvement. TCS foods trigger licensing requirements — with two narrow event-based exceptions described below.
The Kansas Event Exemptions
Kansas statute K.S.A. 65-689(d)(6) creates two distinct exemptions that allow home food sellers to offer perishable and TCS foods without a KDA license — but only within strict event and day limits, and only when the sanitation requirements of Kansas Administrative Regulation 4-28-33 are followed.
Most states simply prohibit TCS food sales from home kitchens entirely. Kansas created a rare dual-track exemption that lets home producers test the market with fresh, prepared food before committing to a licensed facility. Both tracks require following KAR 4-28-33 sanitation and food handling standards.
Neither exemption allows ongoing, regular TCS food sales — they are designed for occasional, community-scale events, not a full prepared-food business. Once you hit your limit, a KDA food establishment license is required to continue.
You may sell ready-to-eat perishable foods and beverages — foods that are prepared and served for immediate consumption — at up to 6 events per calendar year without a KDA license. Events reset on January 1 each year.
What qualifies:
You may sell packaged perishable products — foods that are not meant for immediate consumption but require refrigeration — for up to 6 days per year without a license. This is a separate count from the 6-event rule.
What qualifies:
Kansas counts these events and days strictly. Selling ready-to-eat perishables at a 7th event — or selling packaged perishables on a 7th day — is a violation of K.S.A. 65-689 and requires a KDA food establishment license. There is no grace period. If you're approaching your limit and want to continue, contact KDA Food Safety at (785) 564-6767 to discuss licensing options.
Compliance Requirements
When selling under either event exemption, you must follow Kansas Administrative Regulation 4-28-33 — the sanitation and hygiene standards that apply to all exempt food establishments. These aren't suggestions. Violating them can result in removal from a market or event and potential enforcement action.
| Requirement | Details | Status |
|---|---|---|
| Hot food temperature | Hot TCS foods must be held at 135°F or above during service. Use a food thermometer to verify. | Required |
| Cold food temperature | Cold TCS foods must be held at 41°F or below. Use ice, insulated coolers, or refrigeration. | Required |
| Handwashing | A potable water supply must be available for handwashing. Portable handwashing stations are acceptable at outdoor events. | Required |
| Food protection | Food and utensils must be protected from contamination. Use covers, sneeze guards, or enclosed displays at outdoor venues. | Required |
| No animals in prep area | Animals (including pets) are not permitted in food preparation areas at events. | Required |
| Potable water | All water used in food preparation must be potable (safe to drink). Commercially bottled water is acceptable. | Required |
| Warewashing | Utensils must be washed in cleanable sinks or food-grade tubs large enough to fully immerse the largest items used. | Required |
| Labeling | Packaged products must still carry required cottage food label information (name, address, ingredients, net quantity). | Required |
| Food safety training | Not legally required, but strongly recommended. An ANSI-accredited food handler certificate demonstrates competence and builds consumer trust. | Recommended |
| Liability insurance | Not required by state law, but many event organizers and farmers markets require vendors to carry general liability insurance (typically $1M–$2M coverage). | Recommended |
The Kansas Department of Agriculture publishes a separate guide specifically for exempt vendors: MF3472 — Food Handling Guidelines for Exempt Food Vendors, available at bookstore.ksre.ksu.edu/pubs/MF3472.pdf. Download and review it before your first event.
Animal Products — Special Rules
Beyond the event exemption, Kansas law creates three additional narrow allowances for home producers raising animals. These apply to whole, unprocessed animal products only — no jerky, no sausages, no processed or value-added meat products. Each comes with a strict production threshold.
You may sell whole chickens, turkeys, or other poultry birds you raised yourself — unprocessed, in whole-bird form only. No chicken pieces, no ground poultry, no poultry-based products.
✓ Under 1,000 birds/yearWhole rabbits you raised may be sold directly to consumers. No processed rabbit meat products — the exemption covers only the whole, unprocessed animal.
✓ Under 250 rabbits/yearWhole fish and whole seafood may be sold directly to consumers. Must be kept on ice at all times during display and transport. No processed or filleted fish products.
⚠ Must be kept on iceNone of these animal product exemptions authorize the sale of processed meat products — jerky, sausages, smoked meats, ground meat, fillets, or any value-added poultry or rabbit product. Those require either USDA inspection (for interstate sales) or a state-inspected facility licensed by the Kansas Department of Agriculture's Meat and Poultry Inspection program. Contact KDA at (785) 564-6776 for meat licensing information.
Ready to Scale?
If your prepared-food business is growing — or if you want to sell TCS foods regularly, wholesale, or through retailers — the event exemption is not a long-term solution. At that point, you need a KDA Food Establishment License, which requires operating from a licensed, inspected kitchen.
Many home food sellers in Kansas bridge this gap by renting time in a licensed shared-use commercial kitchen. This gives you access to a fully compliant facility without the capital cost of building your own. Your KDA license attaches to the licensed facility, not to your home.
Full breakdown of what a food establishment license covers, how to apply, costs, and inspection requirements.
USDA and KDA licensing paths for producers who want to sell processed meat, poultry, or game products.
Tell us what you're making — we'll tell you if it's TCS, which exemption (if any) applies in Kansas, and what you'd need to sell it legally.
Create Free Account to Use This Tool →Kansas's event exemption gives you a real path to sell prepared food. Use it to test your products, build a following, and grow toward a licensed business.