Massachusetts · What You Can Sell

What You Can Sell in Massachusetts

The complete three-tier breakdown of allowed, restricted, and prohibited foods for home food sellers operating under Massachusetts residential kitchen rules (105 CMR 590).

The Three-Tier Product Guide

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How to read this guide: Open means clearly allowed with no special conditions. Restricted means allowed, but with specific requirements you must meet. Prohibited means not permitted from a residential kitchen — a separate commercial license or different pathway is required. When in doubt, confirm with your local Board of Health before selling.
Open Clearly Allowed
Breads & Rolls
Loaf breads, rolls, biscuits, muffins, scones — shelf-stable varieties
Cakes
Including celebration cakes (birthday, wedding, anniversary) with shelf-stable frosting
Cookies & Brownies
All varieties that don't require refrigeration after baking
Pastries (Shelf-Stable)
Croissants, danishes, scones — no cream or custard fillings
Fruit Pies
Shelf-stable fruit pies that don't require refrigeration
Candy & Confections
Fudge, caramels, toffee, brittles, chocolate-coated shelf-stable items
Granola & Trail Mix
Baked granola, trail mixes, cereal blends — all shelf-stable
Popcorn
Flavored, kettle, and caramel popcorn
Dried Herbs & Spices
Herb blends, spice mixes, dry rubs — fully shelf-stable
Honey
Pure honey and honey blends — naturally shelf-stable
Roasted Nuts & Nut Mixes
Shelf-stable roasted and seasoned nuts
Dried Pasta
Fully dried pasta — no egg, no refrigeration required
Restricted Allowed With Conditions
Jams & Jellies
Allowed including water-bath canned (the sole exception to the hermetic sealing prohibition). Standard fruit jams and jellies are fine. Low-acid or atypical recipes need local Board of Health review.
Cakes with TCS Ingredients
TCS ingredients (eggs, cream, butter) are allowed in baking if the final product doesn't require refrigeration. A butter-frosted cake that's shelf-stable is fine. Cream cheese frosting that requires refrigeration is not.
Focaccia & Some Flatbreads
Some high-moisture flatbreads may not be allowed. Confirm with your local Board of Health — different municipalities interpret this differently.
Chocolate & Coated Items
Chocolate-dipped pretzels, chocolate bark, and coated nuts are allowed as long as the final product is room-temperature stable. Refrigerated chocolate confections are not permitted.
Coconut Products
Shelf-stable coconut products (toasted coconut granola, coconut candy) are allowed. Coconut milk-based sauces or refrigerated products are not.
Dry Mixes
Dry baking mixes, pancake mixes, hot cocoa mixes — allowed if fully shelf-stable and properly labeled. All ingredients must be listed.
Online & Phone Orders
Allowed, but online listings must include required label information, and phone/mail orders require a verbal consumer disclosure about the residential kitchen status.
Wholesale to Retailers
Not covered by the retail residential kitchen permit. Requires a separate Wholesale Residential Kitchen License from Massachusetts DPH. Products and kitchen must meet 105 CMR 500 standards.
Prohibited Not Permitted
Cream-Filled Pastries
Éclairs, cream puffs, cannoli with fresh filling — require refrigeration
Cheesecake & Custard
All custard-based desserts and cheesecakes require refrigeration
Pickled Products
Pickles, relishes, corn relish, sauerkraut — all acidified/fermented products are prohibited under current law
Fermented Foods
Kimchi, fermented hot sauce, fermented vegetables — prohibited under 105 CMR 590 (pending legislation may change this)
Canned Goods
Canned fruits, vegetables, vegetable butters, salsas — hermetic processing is prohibited (exception: jams/jellies)
Tomato & Barbecue Sauces
Require acidification or hot-fill processing — prohibited
Salad Dressings
Any dressing requiring refrigeration or containing perishable ingredients
Meat, Poultry & Fish
Any product containing meat — requires USDA FSIS-inspected facility
Juices & Nut Milks
Fresh-pressed juice and nut milks require refrigeration and separate licensing
Ice Cream & Frozen Desserts
All frozen dairy desserts — require dairy processing license
Garlic in Oil
Botulism risk — prohibited without commercial acidification process
Kombucha
Requires refrigeration after fermentation — not permitted from residential kitchen
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Local interpretation applies. Massachusetts Boards of Health have authority to interpret these rules at the municipal level. A product approved in one town may face questions in another. Always confirm your specific product list with your local Board of Health before your first sale. This is especially important for flatbreads, high-moisture baked goods, and any product in a gray area.

Understanding the Non-TCS Standard

Every food restriction in Massachusetts's residential kitchen framework comes back to one concept: TCS — Time/Temperature Control for Safety. A TCS food is one that can support the growth of dangerous bacteria (like Salmonella, Listeria, or E. coli) when held in the "danger zone" between 41°F and 135°F. If a food needs refrigeration or specific temperature control to stay safe, it's a TCS food — and it's not eligible for home kitchen production under the retail residential kitchen permit.

The good news is that TCS ingredients can absolutely be used — eggs in a cake, cream in a ganache, butter in frosting — as long as the finished product exits the danger zone through baking or cooking and doesn't need refrigeration afterward. A fully baked chocolate cake with buttercream frosting is shelf-stable and allowed. The same cake with cream cheese frosting that requires refrigeration crosses into TCS territory and is not permitted.

The prohibition on acidified, fermented, and thermally-processed foods (pickles, hot sauces, salsas, canned vegetables) exists because these processes require precise pH control and food science verification to ensure safety — standards that state and federal regulatory frameworks govern tightly. The sole exception is jams and jellies made through water-bath canning, which Massachusetts explicitly permits. For everything else in this category, a licensed commercial facility or co-packer is your path forward.

✓ Non-TCS (Allowed)

Foods that are shelf-stable

  • Fully baked goods with shelf-stable toppings
  • Hard candy, fudge, caramel, brittles
  • Dry granola, trail mix, cereals
  • Dried herbs, spices, dry rubs
  • Jams and jellies (water-bath canned)
  • Honey and honey blends
  • Roasted nuts and popcorn
  • Fully dried pasta (no egg)
✗ TCS (Not Permitted)

Foods requiring refrigeration

  • Cream-filled pastries or custards
  • Cheesecake and dairy-cream desserts
  • Fresh-pressed juice, nut milks
  • Raw or cooked meat and poultry
  • Cut fresh fruits or vegetables
  • Refrigerated sauces or dressings
  • Ice cream and frozen dairy
  • Refrigerated fermented beverages
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The simple test: If your finished product can sit safely at room temperature for several days without spoiling or becoming unsafe to eat, it's almost certainly a non-TCS food and eligible for your residential kitchen permit. If it needs to go in the fridge, it probably doesn't qualify. When in doubt, call the Massachusetts DPH Food Protection Program at (617) 983-6712 or email [email protected].

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