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What You Can Sell in Mississippi

Mississippi allows a wide range of shelf-stable home-made foods under Miss. Code Ann. § 75-29-951 — but only non-potentially hazardous products that don't require refrigeration after opening.

One Standard Governs Everything

Mississippi cottage food law uses a single governing standard: only non-potentially hazardous (non-TCS) foods are allowed. A food is non-potentially hazardous if it can be kept safely at room temperature and does not require refrigeration to prevent the growth of harmful bacteria. The practical test is simple — if your product needs refrigeration after it's opened, it is not allowed under cottage food law.

This means an enormous range of baked goods, candies, jams, pickled products, dried foods, and snacks are fair game. Anything containing meat, dairy, eggs (other than shelf-stable preparations), or cooked vegetables is not. Mississippi's approved food list is broad enough to support a real, thriving food business — and thousands of Mississippi makers are already doing exactly that.

What Is a TCS Food?

TCS stands for Temperature Control for Safety. TCS foods are those that support the rapid growth of pathogens when held at unsafe temperatures (between 41°F and 135°F — the "danger zone"). Mississippi cottage food law prohibits all TCS foods because home kitchens lack the commercial controls needed to manage these risks safely.

You can usually tell a TCS food by asking: does it need refrigeration to stay safe? If yes, it's a TCS food and cannot be sold as cottage food in Mississippi.

✓ Shelf-stable cookies ✓ Fruit jams ✓ Vinegar pickles ✓ Dry spice blends ✗ Cream-filled pastries ✗ Cheesecake ✗ Meat dishes ✗ Cut fruit

Allowed, Restricted & Prohibited Foods

Based on Miss. Code Ann. § 75-29-951, MSDH FAQ, and MSU Extension guidance. Contact MSDH to confirm any unlisted product.

Open
Clearly Allowed
Baked Goods
Breads & Rolls
All varieties without meat, cream, or custard fillings.
Cookies, Brownies & Bars
All shelf-stable varieties without refrigeration-required fillings.
Cakes & Cupcakes
Shelf-stable frostings (buttercream with shortening, royal icing). No cream cheese or whipped cream frostings.
Muffins, Scones & Biscuits
Without perishable fillings or toppings.
Tortillas & Flatbreads
Shelf-stable varieties allowed.
Fruit Pies
Shelf-stable fruit fillings only. No cream, custard, or meringue pies.
Donuts, Macarons & Cake Pops
Shelf-stable fillings only.
Waffle Cones & Pizzelles
Allowed as shelf-stable baked goods.
Candy & Confections
Fudge & Brittles
Shelf-stable confections. Hard candy, caramels, toffee allowed.
Cotton & Kettle Corn
Popcorn, caramel corn, and kettle corn are all allowed.
Chocolate-Covered Pretzels & Nuts
Allowed. Shelf-stable chocolate coatings on dry items.
Preserved & Pantry
Jams, Jellies & Preserves
Must comply with 21 CFR Part 150. Includes fruit butters, marmalades.
Mustard & Vinegar
Both clearly allowed as acidic shelf-stable condiments.
Dry Goods & Snacks
Dried Spices, Rubs & Seasonings
Spice blends, dry rubs, herb mixes — all allowed.
Dry Baking Mixes
Pancake mix, biscuit mix, cookie mix, soup mix — all allowed.
Granola, Cereal & Trail Mix
All shelf-stable blends without perishable components.
Dried Fruit & Nuts
Dried fruit allowed (not melon). Nuts and nut mixes allowed.
Dried Pasta & Crackers
Shelf-stable pasta, crackers, and pretzels are allowed.
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Restricted
Conditions Apply
Pickled & Acidified Foods
Pickles & Pickled Vegetables
Allowed only if pH ≤ 4.6 and water activity > 0.85 per 21 CFR Part 114. Vinegar-brined pickles typically qualify. Additional training strongly recommended by MSDH.
Hot Sauce & Acidified Sauces
Allowed if properly acidified to pH ≤ 4.6. Lab testing to confirm pH is strongly advisable. Verify method with MSDH. [VERIFY]
Salsa (Shelf-Stable)
Only if properly acidified per 21 CFR Part 114. pH must be ≤ 4.6. Fresh salsa requiring refrigeration is prohibited.
Chocolate-Covered Fruit
Chocolate-Dipped Strawberries & Fruit
Allowed only if the fruit is whole and uncut. The fruit cannot be punctured with a stick before purchase. Caramel apples must be sold intact — the buyer inserts the stick. MSDH FAQ confirmed this rule.
Fermented Foods
Fermented Foods (Kimchi, Sauerkraut)
Listed as allowed by Forrager if they meet non-TCS/non-PHF standards, but water activity in lacto-fermented products is variable. [VERIFY directly with MSDH before selling.]
Specialty Baked Goods
Cakes with Fondant or Shelf-Stable Frosting
Allowed with shelf-stable frostings (shortening-based buttercream, royal icing). Cream cheese, whipped cream, or mousse frostings would require refrigeration and are prohibited.
Marshmallows
Typically allowed as shelf-stable confection. Verify your specific recipe meets non-TCS standard.
Items Requiring Confirmation
Air-Dried Hard-Cooked Eggs (In Shell)
The only egg product specifically carved out as non-TCS in MSDH rules. Shell must be intact. [VERIFY current interpretation with MSDH.]
Kombucha
Not explicitly addressed in statute. Alcohol content and TCS status are both concerns. [VERIFY with MSDH before producing for sale — see Beverages guide.]
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Prohibited
Not Permitted
Proteins
Meat, Poultry & Fish
All meat, poultry, and fish products — including jerky — are prohibited under cottage food law.
Eggs (Other Than Air-Dried In-Shell)
Egg dishes, deviled eggs, egg-based spreads are all prohibited.
Dairy
Dairy Products & Cheese
Milk, cream, cheese, butter (as a product), custard, and dairy-based fillings or spreads — all prohibited.
Custard & Cream Pies
Any pie requiring refrigeration — custard, cream, key lime, lemon curd, pumpkin — is prohibited.
Produce & Vegetables
Cooked Vegetables
All cooked vegetable preparations are prohibited as TCS foods.
Sliced Melons & Cut Fresh Fruit
Cut fresh fruit — including all melon varieties — is prohibited. Dried melon is also prohibited.
Raw Seed Sprouts
Alfalfa, bean, and other sprouts are prohibited due to pathogen risk.
Garlic-in-Oil Preparations
Garlic stored in oil creates botulism risk. Prohibited regardless of refrigeration status.
Other Prohibited Items
Nut Butters
Peanut butter, almond butter, and all nut butters are explicitly prohibited by MSDH.
Fruit & Vegetable Juices
All fresh juices are prohibited. See the Beverages guide for more detail.
Cooked Potatoes, Legumes & Beans
All cooked starch and legume dishes are prohibited as TCS foods.
Rice Dishes
Cooked rice is a TCS food. All rice-based preparations are prohibited.
Low-Acid Canned Goods
Anything requiring pressure canning (vegetables, meats, low-acid soups) is prohibited due to botulism risk.
Foods Made in Other States
Cottage foods made outside Mississippi cannot be sold in Mississippi — and Mississippi cottage foods cannot be shipped out of state.

Acidified Foods: The Rules for Pickles & Sauces

Mississippi is one of the more generous states when it comes to acidified foods — vinegar-based pickles, properly acidified hot sauces, and similar products are allowed under the cottage food law. But "acidified" has a specific legal definition, and the rules exist for a critical reason: improperly preserved low-acid foods can support the growth of Clostridium botulinum, the bacterium responsible for botulism.

To qualify under Mississippi cottage food law, an acidified product must meet the standard described in 21 CFR Part 114 — meaning it has a finished equilibrium pH at or below 4.6 and a water activity greater than 0.85. These are the conditions that prevent botulism spores from producing their toxin. The key distinction: products that must be pressure-canned to be safe (low-acid foods like plain canned vegetables, beans, or meats) are not allowed, even if they end up shelf-stable.

Acidified Food Standards (21 CFR Part 114)

Both conditions must be met for an acidified food to qualify under Mississippi cottage food law:

Finished pH
≤ 4.6
Equilibrium pH at or below 4.6
Water Activity
> 0.85
Water activity greater than 0.85
MSDH Strongly Recommends Training for Acidified Products

Mississippi State University Extension Service offers training on the safe production of acidified and pickled foods. While not legally required under current law, MSDH explicitly recommends this training for anyone producing pickles, hot sauce, or other acidified products. MSU Extension can be reached at extension.msstate.edu.


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