What counts as shelf-stable, how Kentucky's $60,000 annual cap works, where you're allowed to sell, and everything you need to know about storage and handling in your home kitchen.
Kentucky's Home-Based Processing program is built on a single foundational requirement: every product you sell must be non-potentially hazardous (non-PHF), also called a non-TCS food (not requiring Time/Temperature Control for Safety). In plain English — your product must be safe sitting on a pantry shelf without refrigeration.
Food scientists determine this using two key measurements: pH (acidity) and water activity (Aw). These two values tell regulators whether a food can support the growth of harmful bacteria like Salmonella, Listeria, and Clostridium botulinum at room temperature.
pH measures how acidic or alkaline a food is, on a scale of 0 to 14. Foods with a pH below 4.6 are considered high-acid — this acidic environment inhibits bacterial growth, which is why properly made jams, jellies, and most fruit products are shelf-safe. Foods above pH 4.6 (like vegetables, low-acid sauces, and canned goods without acidification) are more hospitable to dangerous microbes.
Water activity (Aw) measures the amount of "free" water available for microbial growth on a scale of 0 to 1.0. Pure water is 1.0. Foods with Aw below 0.85 are generally considered shelf-stable — this is why dried foods, crackers, hard candies, and most baked goods with low moisture are safe at room temperature. High-moisture foods like fresh pasta or meat products have Aw values above 0.85 and require refrigeration or processing controls.
A food must meet both criteria to be fully shelf-stable. A product can have a low pH but still be risky if water activity is too high — which is why fermented products, infused oils, and some specialty preserves require careful testing and commercial oversight.
Foods at or below pH 4.6 are considered high-acid and generally safe at room temperature. Standard jams and jellies typically fall between pH 2.8–3.5. Vegetables, low-acid sauces, and most canned goods sit above 4.6 — requiring the Microprocessor track or commercial processing.
Foods with water activity at or below 0.85 are generally shelf-stable. Crackers, hard candy, and dried fruit typically fall well below 0.85. Soft baked goods like fresh bread hover around 0.95 — but because they're sold and consumed quickly and use safe ingredients, they're still permitted. Meat products and wet condiments often exceed 0.85.
High-sugar jams and jellies combine low pH (from fruit acids) with very low water activity (sugar binds free water). This dual protection makes properly made standard-sugar preserves one of the safest home food products — which is why they're explicitly permitted on the Home-Based Processor track without special certification.
Kentucky's Home-Based Processor program allows direct-to-consumer sales only — within Kentucky state lines. Here's exactly what's allowed and what isn't, channel by channel.
Customers may come to your home to pick up orders. Your home address will appear on your registration and on product labels — this is a state requirement.
You may deliver directly to customers within Kentucky. Delivery must be to a Kentucky address — no interstate delivery permitted under the home-based program.
You may sell at any Kentucky-registered farmers market. The market must be registered with the Kentucky Department of Agriculture (KDA) and listed on the Kentucky Proud website.
Sales from certified roadside stands are permitted. The stand must be a certified/approved location in Kentucky.
You may sell at community events, county fairs, and food festivals within Kentucky. Some events may require a local temporary food service permit — check with your local health department.
You may accept orders online — including through platforms like SellFood.com — as long as all deliveries are made to Kentucky addresses. Interstate shipping is not permitted.
Wholesale to retail outlets — grocery stores, gift shops, specialty food shops — is prohibited under the home-based program. A commercial food manufacturing permit is required for retail shelf placement.
You cannot sell home-produced foods to restaurants, caterers, or other food service establishments for use as ingredients or menu items.
Shipping products out of state via postal carriers or courier services is explicitly prohibited. All sales must stay within Kentucky state lines.
Kentucky's administrative regulations under 902 KAR 45:090 set out specific standards for how your home kitchen must be operated. No state inspection is required before you register, but compliance is mandatory — and inspectors can visit if a complaint is filed.
Your home kitchen may not exceed:
Commercial-grade equipment is prohibited. Your kitchen must remain a residential kitchen, not a commercial production facility.
You must produce your home-based processed foods in your primary residence — the home where you live. You cannot rent or use a separate home kitchen for production. The address on your registration and labels must match your primary residence.
A specific rule applies to candies and confections: you must not touch candy products with bare hands at any point during production or packaging. Use food-safe gloves or utensils. This rule is unique to confections and is enforced under 902 KAR 45:090.
The home-based processor regulations restrict certain domestic activity during food production. Pets and children must be kept out of the kitchen during production. The kitchen must function as a food production space — not a general household activity area — during active processing.
Home-Based Processors must use an approved water source. For most sellers connected to a municipal water supply, this is automatically satisfied. If you use a private well or other private water source, additional testing and approval may be required — especially if you apply for the Microprocessor track.
Log your sales throughout the year and get a live view of how much of your $60,000 annual cap you've used — with an automatic alert when you're approaching the threshold.
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