๐Ÿ›’ Kentucky ยท Product Rules

What You Can Sell in Kentucky

The complete Open, Restricted, and Prohibited food list for home-based processors in Kentucky โ€” with conditions explained for every category.

Product Status Reference

Kentucky Home Food Product Status

Under KRS ยง 217.136 and 902 KAR 45:090, Kentucky classifies home food products into three categories. All products must be non-potentially hazardous (non-TCS) โ€” shelf-stable without refrigeration โ€” to qualify for the standard Home-Based Processor track.

Open โ€” Clearly allowed, no conditions
Restricted โ€” Allowed with specific conditions
Prohibited โ€” Not permitted under home-based rules
โœ…
Open
Clearly permitted, no special conditions
Baked Goods
Breads & Bagels
Cakes & Cupcakes
Cookies & Brownies
Muffins & Scones
Donuts & Cake Pops
Macarons & Crepes
Waffles & Pizzelles
Rolls, Tortillas & Sweet Breads
Wedding Cakes
Preserves (Standard Sugar)
Jams & Jellies
Standard-sugar only; low-sugar โ†’ Microprocessor track
Fruit Butters
Standard-sugar; high-sugar, shelf-stable formulas
Marmalades
Dry Goods
Dried Fruit & Vegetables
Herbs, Spices & Seasonings
Baking Mixes & Dry Mixes
Cereals & Granola
Tea Leaves (loose or bagged)
Snacks
Popcorn & Kettle Corn
Caramel Corn
Crackers & Pretzels
Nuts & Seeds (plain or seasoned)
Fruit Leathers
Vegetable Chips
Candy & Confections
Fudge & Brittles
Marshmallows & Truffles
Cotton & Candied Items
Pastries
Fruit Pies (shelf-stable)
Shelf-stable fillings only; no custard or cream
โš ๏ธ
Restricted
Allowed only with specific conditions met
Candy โ€” Handling Rule
All Candy & Confections
โš  Must NOT be touched with bare hands during production. Use gloves or utensils at all times.
Syrups โ€” Limited Types
Maple Syrup
Allowed. Must be 100% pure maple syrup.
Sweet Sorghum Syrup
Allowed. Only these two syrup types are permitted โ€” all other syrups are prohibited.
Honey
Raw & Processed Honey
Allowed under a separate exemption up to 150 gallons per year. Special labeling rules apply โ€” see KDA Farmers Market Manual.
Eggs
Whole Shell Eggs
Allowed under a separate exemption up to 60 dozen per week. Governed by KDA rules, not the standard Home-Based Processor registration.
Chocolate-Covered Items
Chocolate-Covered Nuts, Fruit, Pretzels
Allowed when the base ingredient is shelf-stable and no bare-hand contact with chocolate during dipping.
Pet Food
Dog Biscuits & Pet Treats
Allowed but requires a separate registration with the UK Division of Regulatory Services plus an annual fee and special pet-food labeling. Not covered by the standard HBP registration.
Microprocessor Track Only
Acidified Foods, Pickles, Salsa, Low-Sugar Jams
Allowed only for licensed Home-Based Microprocessors who grow the primary ingredient. Additional certification, workshop, and recipe approval required.
Kitchen Equipment
Home Kitchen Equipment Limits
No more than 2 non-commercial ranges/ovens and no more than 3 refrigerators. Commercial equipment is prohibited in a home-based operation.
๐Ÿšซ
Prohibited
Not allowed under home-based rules
Perishable Baked Goods
Cream & Custard-Filled Pastries
Eclairs, Boston cream, cream puffs, custard pies โ€” require refrigeration (TCS foods).
Cheesecakes
Dairy-based, requires refrigeration.
Canned & Acidified Foods (HBP track)
Pickles & Pickled Vegetables
Salsa & Hot Sauce
Canned Tomatoes & Low-Acid Vegetables
Applesauce & Chutneys
Condiments & Sauces
Ketchup & Mustards
Nut Butters (peanut, almond, etc.)
Infused Oils & Vinegars
BBQ Sauce & Other Sauces
Extracts (vanilla, etc.)
Fermented & Specialty Foods
Fermented Foods (kimchi, sauerkraut)
Kombucha & Fermented Beverages
Fresh Juices
Carbonated Drinks
Meat & Protein
Meat Jerkies (any protein)
Empanadas & Tamales
Any product containing meat or poultry
Other
Fresh Pasta Noodles
Alcohol-Infused Confections
Canned Baby Food (pureed)
๐Ÿ”ง

Compliance Checker

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Why These Restrictions Exist

Kentucky's product list is built around one central concept: whether a food requires Temperature Control for Safety (TCS). TCS foods are those that support the rapid growth of harmful bacteria when left in the "danger zone" between 41ยฐF and 135ยฐF. The state's home-based program only allows foods that are stable at room temperature โ€” no refrigeration needed for safety.

The logic is straightforward: a home kitchen lacks the commercial refrigeration, monitoring equipment, and quality-control systems of a licensed food facility. Rather than require expensive upgrades, Kentucky draws a clean line at shelf-stability. If your product can sit safely on a shelf, farmers market table, or in a customer's pantry without refrigeration, it's generally eligible.

Foods are evaluated based on pH (acidity) and water activity (available moisture). High-acid foods (pH below 4.6) inhibit bacterial growth at room temperature โ€” this is why properly made standard jams and jellies are allowed. Low-acid, high-moisture foods โ€” like canned vegetables, salsa, meat products, and fresh pasta โ€” provide an ideal environment for pathogens like Clostridium botulinum, and require either acidification (covered by the Microprocessor track) or commercial processing.

The prohibited items on this list are not arbitrary. Each one either requires refrigeration, contains meat or dairy that must be USDA or commercially inspected, or has a pH/water activity profile that makes home production risky without laboratory testing and commercial controls.

โœ… The Non-PHF Test

If your product is "Non-Potentially Hazardous" (Non-PHF) โ€” meaning it doesn't need refrigeration for safety โ€” it can qualify under Kentucky's Home-Based Processor program. Ask yourself: Could this product sit on a store shelf for weeks without spoiling or causing illness? If yes, it's likely eligible.

โš ๏ธ Low-Sugar Jam: A Common Mistake

Standard-sugar jams and jellies are allowed under the Home-Based Processor track because the sugar content acts as a natural preservative. However, low-sugar or no-sugar preserves have higher water activity and lower preservation, making them a TCS concern โ€” these require the Microprocessor track, which in turn requires you to be a farmer who grows the primary fruit.

๐Ÿšซ Nut Butter: Why It's Prohibited

Nut butters โ€” peanut, almond, sunflower โ€” are prohibited not because of refrigeration needs, but because of the risk of Salmonella and aflatoxin contamination during production. Commercial nut butters require specific processing controls and testing that are not feasible in a home kitchen.

The Home-Based Microprocessor Path

If you're a Kentucky farmer who grows your own produce, a second regulatory track โ€” the Home-Based Microprocessor (HBM) program โ€” unlocks acidified and canned products not available on the standard path.

What the Microprocessor Track Unlocks

  • Acidified foods (pickles, pickled vegetables)
  • Salsa, hot sauce, BBQ sauce
  • Low-acid canned goods (green beans, tomatoes)
  • Low-sugar and no-sugar jams & jellies
  • Herb jellies and vinegars
  • Applesauce and chutneys

Microprocessor Requirements

You must be a Kentucky farmer and grow the primary ingredient in every product you sell (e.g., grow your own cucumbers to make pickles).

  • $50 annual certification fee (Food Safety Branch)
  • $50 University of Kentucky HBM Workshop (every 3 years)
  • $5 per recipe โ€” only approved Ball and UGA recipes accepted
  • Kitchen inspection at least every 4 years
  • Sell only from your farm, registered farmers markets, or certified roadside stands
  • Same $60,000 gross annual sales limit

Contact the UK Cooperative Extension Service at HBMicroprocessing@uky.edu or the Food Safety Branch at (502) 564-7181 for Microprocessor certification details.

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