The foundation of Kansas home food sales. If your product stays safe at room temperature, you can sell it — no permit, no inspection, no sales cap. Here's exactly how to know if your product qualifies.
The Core Concept
In Kansas, the governing standard for home food sales isn't a list of approved products — it's a single scientific concept: non-TCS (Temperature Control for Safety). A food is shelf-stable when it does not support bacterial growth at room temperature. That's it. If your product can sit safely on a counter, in a booth, or in a shipping box for days without refrigeration, it almost certainly qualifies.
Two measurements determine whether a food is shelf-stable: water activity (Aw) and pH. Bacteria need available moisture and a neutral pH to thrive. Remove one or both, and the food becomes self-preserving. Bread, cookies, hard candy, dry spices, jams — these are shelf-stable because the baking process, sugar concentration, or acidity inhibits bacterial growth without any refrigeration.
Water activity measures how much available moisture is in a food — the moisture bacteria can actually use. Pure water = 1.0. Most bacteria cannot grow below 0.85. Sugar, salt, and drying all lower water activity by binding water molecules so bacteria can't access them.
Examples: Cookies (Aw ~0.3), hard candy (Aw ~0.2), jams (Aw ~0.75), fresh bread (Aw ~0.96).
pH measures acidity on a scale of 0–14. Most dangerous bacteria (including Clostridium botulinum) cannot survive below pH 4.6. High-acid foods like vinegars, citrus-based products, and properly prepared jams use acidity as a natural preservative.
Examples: Vinegar (pH ~2.4), lemon juice (pH ~2.0), strawberry jam (pH ~3.0), low-acid vegetables (pH ~5.5–7).
Ask yourself: Can this food sit on my counter for 3+ days and stay safe to eat? If yes — and it doesn't require refrigeration to prevent bacterial growth — it's almost certainly shelf-stable and allowed under Kansas's cottage food rules. When in doubt, the KSU Value-Added Foods Lab can test your product's water activity for around $50–$150.
Annual Revenue
Kansas is one of a small number of states that imposes absolutely no annual revenue cap on home food sellers. Under K.S.A. § 65-689(d)(4), the licensing exemption has no income threshold — you can earn $1,000 or $100,000 from your shelf-stable cottage food business and the same rules apply.
This stands in sharp contrast to many neighboring states. Missouri caps cottage food income at $50,000/year. Iowa historically had a $20,000 limit (since removed). Kansas has never imposed a cap, making it one of the most financially open states in the nation for home food entrepreneurs.
Sales Channels
Kansas allows an unusually broad range of venues — including interstate shipping, which most states prohibit.
Storage & Handling
Kansas cottage food rules don't specify detailed storage requirements the way licensed food facilities must follow, but safe handling is both a legal and ethical obligation. The Kansas Administrative Regulation 4-28-33 sets baseline sanitation standards that apply to exempt food vendors. Following these protects your customers — and your reputation.
| Category | Requirement | Why It Matters |
|---|---|---|
| Food prep area | Clean, sanitized surfaces before and after production. No animals in food prep spaces. | KAR 4-28-33 requires sanitation for exempt vendors; cross-contamination risk |
| Water supply | Potable water must be used for all food preparation and cleanup. | Well water users should have annual testing on file |
| Product storage | Shelf-stable products should be stored in a cool, dry location away from direct sunlight, chemicals, and pests. | Moisture and heat can degrade shelf-stability over time |
| Packaging | Seal products in food-grade packaging. Properly closed containers prevent moisture absorption and contamination. | Open products can reabsorb moisture and become TCS over time |
| Utensils & equipment | Warewashing in cleanable sinks or food-grade tubs. Largest items must be fully immersible. | KAR 4-28-33 standard for exempt vendors |
| Personal hygiene | Wash hands thoroughly before production. No handling food while ill with a communicable disease. | Basic food safety — protects consumers and your business |
| Temperature during transport | Shelf-stable products: no temperature requirement during transport. Avoid leaving products in a hot car for extended periods. | Heat can melt coatings, compromise packaging, or accelerate rancidity in fat-containing products |
| Labeling at sale | All packaged products must be labeled before sale. Bulk/unpackaged items require point-of-sale signage with required info. | Kansas law requires name, address, ingredients, quantity on all cottage food products |
Best Practices
When You Need Lab Testing
For borderline products — macarons, pepper jellies, homemade chocolate, milk-based frostings, and others — Kansas requires a water activity test before you can sell. This is a one-time test per recipe, not per batch. Once your recipe passes, you can produce and sell that item without retesting (as long as you don't change the recipe).
Review the restricted products list: frostings under 65% sugar, macarons, baked goods with cheese, homemade chocolate (not fudge), mustards, pepper jellies, low-acid jams, herb syrups, pecan pies. If your product is on this list, testing is required before first sale.
Reach the Kansas State University Value-Added Foods Laboratory (KVAFL) at (785) 532-1294 or kvafl@ksu.edu. They handle water activity testing, pH testing, and can advise on whether your specific product requires testing.
Prepare your product exactly as you intend to sell it (same recipe, same process). Submit the required sample size as directed by KVAFL. Testing typically costs $50–$150 per product and takes 1–2 weeks.
If your product passes (water activity ≤0.85 and/or meets pH standards), you can begin selling immediately. Keep the lab results on file — you may be asked to produce them by a farmers market manager, KDA, or for insurance purposes. If the product fails, KVAFL can advise on recipe adjustments.
All shelf-stable food rules for Kansas home sellers are drawn from the Kansas Department of Agriculture's Guide for Direct Food Sales (publication MF3138), available at bookstore.ksre.ksu.edu/pubs/MF3138.pdf. This document is the definitive reference — always verify requirements against the current version.
Log your sales by product and channel — track your revenue, see which products are performing, and keep your records organized for tax season.
Create Free Account to Use This Tool →Kansas has no permit, no cap, and no barriers for shelf-stable home food sellers. Your kitchen is ready. So is the market.