Shelf-Stable Food Rules for Home Sellers in Mississippi

The Foundation

What Does "Shelf-Stable" Mean?

Mississippi cottage food law allows only foods that are shelf-stable — meaning they can be stored and sold safely at room temperature without requiring refrigeration before or after opening. The formal term used in food safety is "non-potentially hazardous" or "non-TCS" (non-Temperature Control for Safety). Shelf-stable foods do not support the rapid growth of dangerous pathogens at room temperature.

The practical test is simple: if your product needs refrigeration at any point after it's packaged — for safety, not just quality — it is not shelf-stable and cannot be sold under Mississippi's cottage food program. Products that need refrigeration only for quality purposes (like chocolate in summer) may still qualify, but products that become unsafe without refrigeration do not.

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Shelf-Stable (Allowed)

Safe at room temperature. Does not require refrigeration to prevent bacterial growth after packaging. Can sit on a countertop, in a pantry, or at a market booth without becoming unsafe. Examples: cookies, jams, dry spice mixes, properly acidified pickles.

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Perishable / TCS (Prohibited)

Requires refrigeration or temperature control to remain safe after packaging. Supports the growth of harmful bacteria at room temperature. Examples: cream-filled pastries, fresh salsa, cut fruit, meat dishes, anything containing dairy, eggs, or cooked vegetables.

The Refrigeration Test

Ask yourself: "If I left this product on my kitchen counter for 4 hours, would it become unsafe to eat?" If the answer is yes, it is not shelf-stable and cannot be sold as a cottage food product in Mississippi. When in doubt, contact the MSDH Food Protection Division at msdh.ms.gov.

Annual Sales Limit

The $35,000 Cap — What It Means for Your Business

Mississippi caps annual gross sales for cottage food operations at $35,000 per year. This limit applies to the entire operation — not per product, not per location, and not per person involved in the operation. If multiple people are working together as a single cottage food operation, their combined sales count toward the one limit.

Annual Gross Sales Cap

$35,000

Total across all products, all locations, all sellers in your operation

This is the threshold below which your operation is exempt from food establishment permit requirements under Miss. Code Ann. § 41-3-18. Stay under the cap and no MSDH permit is required. Exceed it and you must obtain a permit and operate under a different regulatory framework.

Per Product Cap

No — total operation

Documentation

Required on request

Enforced By

MSDH (on complaint)

Governing Statute

§ 75-29-951

Keep Sales Records

Mississippi law requires cottage food operators to provide written documentation of their annual gross sales to MSDH upon request. Keep a simple sales log — a spreadsheet works fine — recording the date, product, quantity, and sale amount for every transaction. This protects you if questions arise and demonstrates good faith compliance.

⚠ What Happens If You Exceed $35,000?

If your annual gross sales exceed $35,000, you are no longer exempt from the food establishment permit requirements under Miss. Code Ann. § 41-3-18. Operating above the cap without a permit makes you an illegal food establishment or manufacturer under Mississippi law. MSDH can investigate on complaint and take disciplinary action. The good news: hitting the cap is a milestone worth celebrating — it means your business has real traction. At that point, explore a licensed commercial kitchen or a food establishment permit to keep growing legally. See the Permits guide →

Proposed Change: SB 2265 (2025)

A 2025 Mississippi bill proposed raising the annual cap from $35,000 to $59,000. The status of this bill was not confirmed at time of publication. Check the Mississippi Legislature website for current status before relying on this figure.

Sales Channels

Where You Can Sell in Mississippi

Mississippi restricts cottage food sales to direct-to-consumer transactions within the state. This means you sell face-to-face, directly to the person who will eat your product — no middlemen, no online checkout, no out-of-state shipping. Here's exactly what's allowed and what's not.

Sales Channel	Status	Notes
🏠 Home Sales (Home Pickup) Customer comes to your home to pick up	Allowed	Your home address must appear on your product label. Standard for Mississippi cottage food operations.
🚗 Home Delivery You deliver directly to the individual buyer	Allowed	Delivery to the individual consumer is permitted. This is still a direct-to-consumer sale — not third-party delivery or shipping.
🌾 Farmers Markets Certified farmers markets and farm stands	Allowed	Direct sales at farmers markets are explicitly allowed. MDAC-certified markets may also provide a sales tax exemption on qualifying Mississippi-made products. [VERIFY exemption scope with MDAC.]
🎡 Fairs & Events County fairs, municipal fairs, festivals	Allowed	Sales at county fairs, municipal fairs, and similar events are explicitly permitted under § 75-29-951. Check with individual event organizers for their own vendor requirements.
🛣️ Roadside Stands Seasonal stands on your property or roadside	Allowed	Roadside stands selling directly to consumers are explicitly listed as permitted venues. Check local zoning rules for your specific location.
📱 Online Advertising Social media, website, email marketing	Advertising Only	HB 326 (2020) explicitly allows internet and social media advertising and marketing. You may show products, share prices, and take orders — but the sale must be completed in person. No online checkout.
🛒 Online Sales E-commerce, online checkout, app-based ordering	Prohibited	Sales transactions completed over the internet are prohibited under current Mississippi cottage food law. Advertising online is fine; completing the sale online is not.
📦 Mail Order / Shipping USPS, UPS, FedEx, or any carrier	Prohibited	Interstate shipping is explicitly prohibited. Cottage foods must be sold and consumed within Mississippi. Products made in other states cannot be sold in Mississippi either.
🏪 Retail & Grocery Stores Consignment, wholesale to retail	Prohibited	No wholesale or retail placement. Products cannot be sold through grocery stores, specialty food shops, gift shops, or any retail establishment.
🍽️ Restaurants & Food Service Wholesale to restaurants, cafes, or caterers	Prohibited	Selling cottage food products to food service establishments is prohibited. No wholesale to restaurants, cafes, caterers, or institutional buyers.

Storage & Handling

Storing and Handling Your Products

While Mississippi does not require a home kitchen inspection, the cottage food statute requires products to be stored following the safe food handling guidelines in the FDA Retail Food Code. This means your storage conditions must prevent contamination, pest access, moisture damage, and temperature-related spoilage. Proper storage is both a legal requirement and the foundation of your reputation.

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Keep storage areas clean and free from contamination

Store finished products separately from raw ingredients, cleaning chemicals, and household items. Dedicated shelving or cabinets are ideal.

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Prevent insect and pest access

Store all products in sealed, airtight containers or packaging. The statute specifically requires protection from insects and household chemicals. Pest-proof your storage area.

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Prevent moisture and water damage

Store baked goods, dry mixes, and other shelf-stable products in cool, dry conditions. Humidity accelerates mold growth on baked goods and causes clumping in dry mixes.

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Store at appropriate temperatures for each product

Shelf-stable products do not need refrigeration, but extreme heat can accelerate spoilage, cause chocolate to bloom, or affect texture. A cool, dry pantry or storage room is ideal.

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Package products before they leave your home

All cottage food products must be prepackaged with a compliant label before sale. No open-bin sales or loose unpackaged items. Products must be packaged before market or event.

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Label every product before sale

Every packaged product must carry a compliant Mississippi cottage food label including the required disclaimer. Never sell an unlabeled product. See the Label Requirements guide →

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Maintain accurate production records

Track your gross annual sales in writing — MSDH can request this documentation at any time. A simple spreadsheet or notebook works. Include date, product, quantity sold, and revenue.

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Mississippi Sales Limit Tracker

Track your annual sales against Mississippi's $35,000 cottage food cap. Get an alert when you're approaching the limit so you can plan your next move.

Create Free Account to Use This Tool →

Related Guides

Continue building your knowledge of Mississippi's home food seller rules.

Shelf-Stable Food in Mississippi