Missouri's cottage food framework is narrow by design — the state takes a positive-list approach. This guide covers exactly what's allowed, what's restricted, and what's off the table under both Missouri pathways.
Missouri operates under two separate frameworks that can be used simultaneously. Which one applies to your product — and where you're selling — determines what you can offer.
Available to every Missouri home food seller. Covers three specific product categories and allows home sales, online orders, and in-state shipping. No permit required. No sales cap. No kitchen inspection.
Broader product list, but only available in counties where local codes permit it. Sells only at farmers markets, roadside stands, and events — no home delivery or online sales under this pathway.
Many Missouri sellers use Pathway 1 for their home and online sales, and Pathway 2 when selling at local markets and events. The product lists are different under each framework. A jam you sell online under § 196.298 may also be sold at a farmers market under the Individual Stands exemption — but candy or granola only qualifies under Pathway 2 at events, not online.
Before relying on Pathway 2, contact your county or city health department to confirm it's available in your jurisdiction. Requirements and availability vary significantly county by county.
Every food category mapped to its status under Missouri's framework. Open products are clearly permitted. Restricted products are allowed with specific conditions. Prohibited products are not eligible under either pathway.
Missouri's cottage food statute is one of the most focused in the country — and that's intentional. The state's philosophy is that home kitchens are well-suited for certain food types with inherently low safety risk, and that other foods require the controlled environment of a commercial kitchen to be produced safely.
The key distinction is whether a food is "potentially hazardous" — officially called a Temperature Control for Safety (TCS) food. TCS foods support the growth of harmful bacteria when held at unsafe temperatures, and they include things like dairy, meat, cut produce, and most prepared meals. Under both Missouri frameworks, TCS foods are always prohibited from home production.
A separate — and equally important — category is acidified and low-acid canned foods. Salsa, pickles, hot sauce, BBQ sauce, and canned vegetables are explicitly prohibited because the acidification process that keeps these products shelf-stable can go wrong in a home kitchen setting, creating conditions for Clostridium botulinum to produce botulism toxin. This is why Missouri's DHSS specifically calls out salsa, pickles, and BBQ sauce as examples of products that cannot be sold under the cottage food statute — even though they're shelf-stable.
The "positive list" approach under § 196.298 means Missouri doesn't try to list everything that's prohibited — it simply lists the three things that are permitted statewide: baked goods, canned jams and jellies, and dried herbs. Everything else falls outside the statewide statute, and sellers who want to sell other shelf-stable products need to rely on the county-level Food Code exemption at markets and events.
VERIFY before selling: Local health departments have final authority in determining whether a specific product is non-potentially hazardous. If you're unsure about your product, contact Missouri DHSS at [email protected] or your county health department before you start selling.
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