A complete three-tier breakdown of Open, Restricted, and Prohibited foods for Kansas home food sellers — with conditions clearly listed for every product.
How to Read This Guide
Kansas uses a single core standard: foods must be non-TCS (non-Temperature Control for Safety) — meaning they stay safe at room temperature without refrigeration. Below we break every food category into three tiers based on Kansas Department of Agriculture guidance (KDA MF3138).
Kansas allows certain borderline products — macarons, pepper jellies, homemade chocolate, milk-based frostings, and others — but only after water activity or sugar-content testing confirms they are shelf-stable. Testing is performed at the KSU Value-Added Foods Lab and typically costs $50–$150 per product.
Understanding the Rules
Kansas's product rules aren't arbitrary — they're built around a single food safety concept called Temperature Control for Safety (TCS). A TCS food is any food that supports the growth of dangerous bacteria (like Salmonella, Listeria, or Staph) when held at temperatures between 41°F and 135°F. For home food sellers, TCS foods are simply off the table without a licensed facility — the risk of foodborne illness is too high to manage without commercial controls.
The good news is that most shelf-stable foods — breads, cookies, dry goods, candies, jams — are not TCS foods. They can sit on a counter, in a market booth, or in a shipping box for days without becoming dangerous. That's exactly why Kansas's rules allow such a wide range of products with no license required.
Foods with high moisture content (water activity above 0.85), neutral pH (above 4.6), and protein or carbohydrate content that bacteria can feed on. Think: dairy, eggs, cooked meats, cut produce, and cream-based fillings.
Low water activity (dry goods, hard candies, crackers), high sugar (jams, fudge), high acid (vinegars, many fruits), or a baking process that eliminates moisture risk — like properly baked breads, cookies, and pies.
The "lab testing" category sits in the middle — products like macarons, pepper jellies, and homemade chocolate that might be shelf-stable depending on how they're made. Kansas allows these, but requires a lab test to verify the specific batch's water activity before you start selling. This is a one-time test per recipe (not per batch), performed at the KSU Value-Added Foods Lab.
Enter your specific product and get an instant Open / Restricted / Prohibited ruling with next steps tailored to your recipe.
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