What Counts as Shelf-Stable?
Nevada's cottage food program is built on a single core concept: you can make and sell food from your home kitchen if that food is shelf-stable — meaning it does not require refrigeration to remain safe for human consumption. Shelf-stable foods can be stored at room temperature without spoiling or developing dangerous bacteria. This is the gating test for everything you sell under NRS § 446.866.
Food scientists measure shelf-stability using two key values: pH (how acidic the food is) and water activity (aw) (how much free water is available for bacteria to use). When both values fall below critical thresholds, harmful bacteria cannot grow — and the food is considered shelf-stable. Most cottage food products naturally meet these standards without any lab testing, but it's important to understand the science behind the rule.
pH — Acidity Level
pH measures how acidic or alkaline a food is on a scale of 0–14. Bacteria that cause foodborne illness generally cannot survive below a pH of 4.6 — which is why vinegar, citrus, and properly fermented foods resist spoilage. Most baked goods, candies, and dry goods have a naturally safe pH. Acidified foods (pickles, hot sauce, salsa) are handled separately through Nevada's Craft Food program.
Water Activity (aw)
Water activity measures how much free moisture is available in a food for microbial use — even if a food contains water, that water may be "bound" to sugar or salt and unavailable to bacteria. Foods with a water activity at or below 0.85 are considered shelf-stable. Cookies, crackers, dried fruit, hard candy, and granola naturally fall well below this threshold. Cream fillings, custards, and fresh baked goods with dairy often exceed it — which is why they require refrigeration.
The Annual Sales Cap
Nevada's cottage food law sets a hard limit on how much you can earn from your cottage food operation each year. This cap applies to your gross revenue — total sales before any expenses — across all your cottage food products combined.
Nevada's Current Annual Sales Limit
Under NRS § 446.866, your cottage food operation cannot exceed $35,000 in gross annual sales. This limit applies to your entire operation — all products, all venues, all health districts combined. It resets each calendar year.
If you're approaching or have exceeded this limit, you must transition to a licensed food establishment — which means operating from an inspected commercial kitchen, not your home. There is no grace period or tiered transition — the cap is a hard legal limit.
How the Cap Works
The $35,000 limit is per natural person — not per product or per venue. If you sell at three different farmers markets across two health districts, all of your sales count toward one single $35,000 total. Keep a running revenue log from January 1 to December 31 each year. Nevada does not require you to report this figure to the health district, but you are responsible for complying.
What Happens If You Exceed It?
Exceeding the $35,000 cap means you are no longer operating within the cottage food exemption under NRS § 446.866. To continue selling legally, you must register as a licensed food establishment — which requires operating from a commercial or inspected kitchen, not your home. There are no warnings or graduated enforcement; crossing the limit without upgrading makes you an unlicensed food vendor.
Where You Can Sell in Nevada
Nevada's current cottage food rules are strict about sales channels. All transactions must be in-person, direct to the consumer. The law explicitly prohibits telephone and internet orders. This makes Nevada one of the more restrictive states on this point — though that changes significantly in July 2027 under AB 352.
Currently Allowed
- Your home or private property — direct to buyers who come to you
- Licensed farmers markets (licensed under NRS chapters 244 or 268)
- Flea markets and swap meets
- Church bazaars and religious organization events
- Garage sales
- Craft fairs and artisan markets
- Pre-packaged samples distributed at events (no temporary health permit needed if pre-portioned at home)
Currently Prohibited
- Online sales — Etsy, your website, Instagram shops, any e-commerce
- Phone or text-based orders
- Mail-order or shipping of any kind
- Third-party delivery (DoorDash, UPS, FedEx, etc.)
- Wholesale — restaurants, cafes, grocery stores, food establishments
- Consignment in retail shops
- Out-of-state sales or delivery
Social Media — Allowed for Promotion
- You can use Instagram, Facebook, and a website to advertise your products and share your story
- You cannot accept orders or payment through social platforms
- You can direct followers to meet you at a farmers market or event where they can purchase in person
- No "buy now" buttons, checkout flows, or DM-based ordering
Selling Across Nevada? You Need Multiple Registrations.
Nevada requires you to register with the health district in every county where you sell — not just where you live. If you live in Las Vegas (Clark County) and want to sell at a Reno farmers market, you need to register with both the Southern Nevada Health District and Northern Nevada Public Health. This is unique to Nevada and won't change until the July 2027 state takeover. See the Licenses & Permits guide for district contact information and registration steps.
Storage & Handling Rules
Nevada's cottage food law does not require your home kitchen to be inspected, but you are still responsible for ensuring your products are safe, properly packaged, and handled in a way that prevents contamination. These aren't just good practices — they're part of the legal framework for operating under the cottage food exemption.
📦 Packaging Requirements
- All products must be prepackaged at home before transport — you cannot open-package and bag items on-site at a market
- Packaging must protect the food from contamination during transport, display, sale, and handling by the consumer
- Containers must be food-safe and appropriate for the product type
- Every package must be labeled before leaving your home — labeling at the event is not allowed
🏠 Kitchen and Workspace
- Food must be prepared and processed in the kitchen of your private home — or, if approved by the health authority, in the kitchen of a fraternal or social clubhouse, school, or nonprofit
- Your kitchen is not subject to routine inspection under the cottage food exemption — inspections only occur if a food safety complaint is filed
- Good general sanitation practices are expected: clean surfaces, clean equipment, no cross-contamination with raw meat or allergens
🌡️ Temperature & Storage
- Shelf-stable products must be stored at room temperature — if your product needs refrigeration after baking or preparing, it is not a cottage food product
- Store products away from direct sunlight and moisture, which can degrade quality and shelf-life even in shelf-stable foods
- At market events, display products under cover and away from temperature extremes when possible
- Use food-safe containers that prevent moisture intrusion and pest access during storage
🧼 Samples at Events
- Open samples that you hand out at events may require a temporary health permit from your local environmental health department
- Exception: pre-portioned, individually packaged samples prepared at home and sealed before the event do not require a temporary permit — the consumer opens the package themselves
- When in doubt about open samples, contact your health district before the event to confirm requirements
What Changes in July 2027 — AB 352 at a Glance
Nevada's Assembly Bill 352, signed in June 2025, dramatically expands cottage food rules. All changes take effect July 2027 while the Nevada Department of Agriculture writes the implementing regulations. Do not operate under these new rules until they take effect.
Current Rules (Now → July 2027)
- $35,000 annual gross sales cap
- In-person sales only — no online or phone orders
- No mail or delivery of any kind
- Register separately with each of 5 health districts
- Local health districts administer the program
After July 2027 (AB 352)
- $100,000 annual gross sales cap
- Online and phone orders allowed
- Mail delivery and third-party delivery (UPS, DoorDash, etc.) allowed
- Single state-level registration through Nevada Dept. of Agriculture
- NDA takes over all cottage food regulation statewide
Sales Limit Tracker
Log your Nevada cottage food sales and track your running total against the $35,000 annual cap — so you always know where you stand before you hit the limit.
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