Licenses & Permits for Home Food Sellers in Mississippi

The Direct Answer

Do You Need a Permit to Sell Home-Made Food in Mississippi?

Under Mississippi's cottage food law (Miss. Code Ann. § 75-29-951), cottage food operations are exempt from the food establishment permit requirements of Section 41-3-18 — as long as your annual gross sales stay under $35,000 and you sell only approved non-TCS foods. No permit application, no permit fee, no routine inspections.

This makes Mississippi one of the most accessible states in the South for new food entrepreneurs. You can start selling on day one — all you need is compliant labeling, safe products, and an awareness of the rules.

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No MSDH Permit Required Under the Cottage Food Cap

Mississippi cottage food sellers operating under $35,000 in annual gross sales are exempt from the food establishment permit under Miss. Code Ann. § 41-3-18. The Mississippi State Department of Health does not require you to register, pay a fee, or receive a home kitchen inspection before selling. Inspections occur only upon receipt of a formal complaint — never as routine oversight. However, you must keep sales documentation available upon request, label every product correctly, and sell only approved shelf-stable foods.

Complete Permit Picture

Every Permit & Registration — At a Glance

Based on Miss. Code Ann. § 75-29-951 and Mississippi agency requirements as of 2026.

Permit / Registration	Required?	Agency	Fee	Where to Apply
MSDH Cottage Food Permit Food establishment permit under § 41-3-18	Not Required	MS Dept. of Health	$0 (exempt)	msdh.ms.gov →
Home Kitchen Inspection MSDH physical inspection of production area	Not Required	MS Dept. of Health	$0	Complaint-triggered only — no proactive inspection
Food Handler Certification ANAB-accredited food safety training	Recommended	Any ANAB provider	~$15–$30 online	MSU Extension →
State Business License General state-level business license	Not Required	—	$0	Mississippi does not issue a general state business license
Sales Tax Permit Seller's permit for retail sales transactions	Verify [VERIFY]	MS Dept. of Revenue	$0 (free)	tap.dor.ms.gov →
DBA / Fictitious Business Name Required only if operating under a name other than your legal name	Recommended	MS Secretary of State	$25 (5-year)	sos.ms.gov →
City / County Business Permit Local operating permit — varies by jurisdiction	Check Locally [VERIFY]	City / County Clerk	Varies	Contact your city or county clerk directly
EIN (Federal Tax ID) IRS Employer Identification Number	Recommended	IRS	$0 (free)	irs.gov →
Food Establishment Permit (§ 41-3-18) Required only if you exceed $35,000 annual sales	If Over Cap	MS Dept. of Health	Varies	msdh.ms.gov →

Sales Tax: Confirm Your Obligation

Mississippi businesses with retail sales are generally required to register for a sales tax permit (free at tap.dor.ms.gov). However, food products grown, made, or processed in Mississippi and sold at MDAC-certified farmers markets may qualify for a sales tax exemption. Whether home pickup sales trigger the same exemption is unconfirmed. Contact the Mississippi Department of Revenue at dor.ms.gov to confirm your specific obligations before your first sale. [VERIFY]

Step by Step

How to Get Set Up in Mississippi

Mississippi is one of the simplest states in the country to start a cottage food business. Follow these steps in order and you'll be ready to sell legally, confidently, and professionally.

1

Confirm your products are allowed

Before anything else, verify that every product you plan to sell is a non-TCS food approved under Mississippi's cottage food law. Review the What You Can Sell guide. If you're making pickles, hot sauce, or any acidified product, contact MSDH to confirm it meets the pH ≤ 4.6 standard.

Key contact: MSDH Food Protection Division — msdh.ms.gov · 601-576-7689 [VERIFY current number]

2

Complete food safety training (strongly recommended)

While not currently required by Mississippi law, MSDH strongly recommends food safety training — especially for sellers making acidified or pickled products. MSU Extension offers training on pickling and acidified food production. An ANAB-accredited online food handler course takes 2–4 hours and costs around $15–$30.

Training resource: MSU Extension Service — extension.msstate.edu

3

Choose and register your business name

If you're operating under your own legal name, no registration is needed. If you want to use a business name (like "Delta Sweet Confections"), register a Fictitious Business Name (DBA) with the Mississippi Secretary of State. This protects your brand, enables business banking, and costs just $25 for five years.

File online: Mississippi Secretary of State — sos.ms.gov · Filing fee: $25 · Processing: 1–2 business days

4

Obtain an EIN from the IRS

An Employer Identification Number (EIN) is your federal tax ID. It's free, issued instantly online, and required to open a business bank account under your business name. Even as a sole proprietor, having an EIN lets you keep business and personal finances cleanly separated — which matters come tax time.

Apply free: IRS EIN online application — irs.gov · Instant issuance · No fee

5

Register for a Mississippi sales tax permit

Mississippi businesses with retail sales are generally required to register for a seller's permit with the Mississippi Department of Revenue. Registration is free through the Taxpayer Access Point (TAP) portal. Confirm whether your specific sales channels and product types are subject to sales tax collection before your first transaction.

Register free: Mississippi TAP — tap.dor.ms.gov · No fee · Allow ~2 weeks for your permit packet to arrive by mail [VERIFY exemptions with DOR]

6

Check local city and county requirements

Mississippi does not have a statewide general business license, but some cities and counties require a local operating permit or business license. This is especially common for sellers operating outside city limits, or in cities with their own food vendor ordinances. Call or visit your city or county clerk's office.

Who to contact: Your city or county clerk's office. Ask specifically: "Do I need a local permit to operate a cottage food business from my home?"

7

Create your compliant labels and start selling

Every product must be prepackaged with a Mississippi-compliant label before sale. No permit or approval from MSDH is required — just correct labeling. Review the Label Requirements guide for every required field. Once your products are labeled and packaged, you're ready to sell at your home, farmers markets, fairs, roadside stands, and events.

Label tool: SellFood's Label Creator pre-fills the required Mississippi disclaimer. Free with a SellFood account.

8

Track your annual gross sales

Mississippi law requires you to provide written documentation of your annual gross sales to MSDH upon request. Keep a simple sales log from day one — date, product, quantity, and revenue for every transaction. This is both a legal requirement and good business practice.

Reminder: Your sales cap is $35,000 total across all products, all locations, all persons involved in your operation. Set up a simple spreadsheet or use SellFood's sales tracking tools to stay on top of your numbers.

Inspections

Home Kitchen Inspections in Mississippi

Mississippi cottage food operations are not subject to routine home kitchen inspections. The MSDH can only enter and inspect a cottage food operation's premises after receiving a formal complaint. This complaint-triggered approach is one of the most seller-friendly aspects of Mississippi's cottage food framework.

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When Inspections Happen

Only upon receipt of a formal complaint to MSDH. MSDH cannot conduct routine or proactive inspections of cottage food operations under current law. If a complaint is filed, an authorized MSDH officer may enter and inspect the premises.

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Refusing Inspection

If MSDH arrives following a complaint and you refuse entry, this constitutes grounds for disciplinary action under Miss. Code Ann. § 41-3-59. If a complaint is filed and MSDH requests access, cooperate fully.

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What They Look At

An inspection triggered by a complaint would assess compliance with § 75-29-951: product eligibility, labeling, annual sales documentation, storage conditions, and safe food handling practices per the FDA Retail Food Code.

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How to Protect Yourself

Follow all labeling rules, sell only approved products, maintain sales records, store products properly, and practice good food safety hygiene. A clean, well-documented operation has nothing to fear from an inspection.

Local Requirements

City & County Permits

Mississippi's cottage food law operates at the state level and preempts the need for a state food permit — but it does not automatically override local city and county regulations. Some jurisdictions in Mississippi require a local business permit or operating license for home-based businesses, including cottage food operations.

🏛️ How to Find Out What Your City or County Requires

There is no statewide database of local cottage food requirements — you need to contact your specific jurisdiction directly. Here's exactly what to do:

Call your city clerk's office and say: "I'm starting a home-based cottage food business selling items like [your products]. Do I need a local business license or permit?"
If you're outside city limits, call your county administrator or county clerk with the same question.
Ask about zoning: some residential zones prohibit or restrict commercial food production from the home.
Ask about farmers market vendor permits: many markets require their own vendor applications separate from city permits.
Ask whether a home occupation permit is required if you plan to have customers visit your home for pickup.

Fees for local permits vary widely — from nothing to $50 or more per year. Most Mississippi jurisdictions are accommodating to cottage food sellers, but confirming before you sell protects you.

Primary Agency

Contact the Regulator

For any questions about Mississippi's cottage food rules — product eligibility, labeling requirements, sales cap documentation, or complaint procedures — contact the MSDH Food Protection Division directly.

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Mississippi State Department of Health (MSDH)

Food Protection Division — Primary Regulator for Cottage Food Operations

Address

570 East Woodrow Wilson Drive
Jackson, MS 39216

Toll-Free Phone

866-HLTHY4U
(866-458-4948)

Direct Line [VERIFY]

601-576-7689
Confirm current number before calling

Cottage Food Page

msdh.ms.gov

Cottage Food FAQ

Download PDF (Updated Sept 2023)

Governing Statute

Miss. Code Ann. § 75-29-951

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