What counts as shelf-stable, how pH and water activity determine safety, where you can sell, and how to store your products correctly — all under New Hampshire's Homestead Food Operations program.
Shelf-stable foods are products that can be safely stored at room temperature — no refrigeration required to prevent the growth of harmful bacteria. Under New Hampshire's homestead food program (RSA 143-A:12), only shelf-stable foods may be produced and sold from your home kitchen. This applies to both the unlicensed and licensed tiers.
The scientific terms for shelf-stability are non-TCS (Temperature Control for Safety) and non-PHF (non-Potentially Hazardous Food). These are interchangeable — both mean the food does not need temperature control to stay safe.
Shelf-stability is determined by two primary measurements: pH (acidity level) and water activity (Aw). A product that meets either threshold is generally considered shelf-stable. Products that fall short of both thresholds — meaning they're neither acidic enough nor dry enough — are considered potentially hazardous and are not allowed under the homestead program, regardless of how careful you are about handling.
In practice, most baked goods, dry spices, dried pasta, candies, jams made with proven recipes, and dry snacks are clearly shelf-stable. The tricky zone is condiments, fruit-based products, and moist baked goods — these often require a process review by a licensed food processing authority to confirm they meet one of the two thresholds.
Foods more acidic than pH 4.6 inhibit the growth of Clostridium botulinum and most other dangerous pathogens. Vinegar (pH ~2.5), lemon juice (~2.0), and most berries (~3.0–3.5) are well within the safe zone. Tomatoes sit right at the border (~4.0–4.6) and require care.
Water activity measures how much free moisture is available for microbial growth — not total water content. Very dry foods (crackers, dried spices) score near 0. Jams with high sugar content bind the moisture, reducing Aw. Most baked cookies and breads fall well below 0.85.
As of August 13, 2024, New Hampshire removed its annual gross sales cap entirely. There is no revenue ceiling on homestead food operations — unlicensed or licensed. The only question is which sales channels you want to use. Unlicensed sellers may sell at farmers markets, from home, at their own farm stand, and at retail food stores. Adding online, mail order, wholesale, or events requires a $150/year Class H Homestead License. Your earning potential in New Hampshire is unlimited.
New Hampshire's two-tier system determines your sales channels — not your revenue. Here's exactly what each tier allows.
You may sell at any farmers market in New Hampshire without a homestead license. Some markets may require their own vendor documentation — check with each market individually.
Selling directly to customers at your home — curbside pickup, porch orders, appointment sales — is allowed for both tiers with no license needed.
If you have a roadside stand or farm stand on your property, both tiers can sell homestead food products there without a license.
Selling your packaged products to retail stores (grocery stores, specialty food shops, co-ops) is allowed for both tiers — no license required for retail consignment or wholesale to stores.
Selling through your own website, SellFood.com, Etsy, or any e-commerce platform requires a Class H Homestead License ($150/year). No online sales are permitted for unlicensed operators.
Shipping products to customers — in-state or out-of-state — requires a Class H Homestead License. Interstate shipments also trigger federal compliance considerations.
Supplying restaurants, cafés, caterers, or food service establishments requires a Class H Homestead License. Retail stores (not restaurants) fall under a different provision — no license needed.
Most events, festivals, fairs, pop-ups, and craft markets require a Class H Homestead License. Farmers markets are the primary exception — allowed without a license.
These cities and towns regulate food locally rather than through state DHHS. They may have additional requirements or may not permit homestead operations at all. Always check with your local town or city health authority before selling in these communities.
Download the official self-inspecting list: DHHS Self-Inspecting Cities & Towns PDF →
A side-by-side view of what each tier permits for shelf-stable homestead foods.
| Sales Channel / Feature | Unlicensed (Free) | Class H Licensed ($150/yr) |
|---|---|---|
| Annual sales limit | None | None |
| Farmers markets | ✓ Allowed | ✓ Allowed |
| Direct home sales | ✓ Allowed | ✓ Allowed |
| Own farm stand | ✓ Allowed | ✓ Allowed |
| Retail food stores | ✓ Allowed | ✓ Allowed |
| Online / e-commerce | ✗ Not allowed | ✓ Allowed |
| Mail order & shipping | ✗ Not allowed | ✓ Allowed |
| Wholesale to restaurants | ✗ Not allowed | ✓ Allowed |
| Events & festivals | ✗ Not allowed | ✓ Allowed |
| Freeze-dried foods | ✗ Not allowed | ⚠ Home & retail only |
| Home kitchen inspection | Not required | May occur after application |
| Food handler certification | Not required | Not required |
New Hampshire has specific rules about where you can store ingredients and finished products, and how your kitchen must be set up.
Ingredients and finished homestead food products must be stored inside your residential dwelling — kitchen, spare room, or dry basement. You may not store products in a garage, shed, barn, or any outbuilding.
Your kitchen must have a home refrigerator with a thermometer. Temperature must be maintained at 41°F or below. This is required even if your products don't need refrigeration — ingredients often do.
Pets must be out of the kitchen any time food is being prepared or packaged. This rule was codified in state law in July 2025 (HB 307). It applies to all animals — dogs, cats, birds, and any other household pets.
Your kitchen needs either (a) a residential model dishwasher plus a one-compartment sink, or (b) a two-compartment sink. This is for washing, rinsing, and sanitizing your utensils and equipment.
If your bathroom opens directly into the kitchen, it must have a self-closing door and mechanical ventilation. This is a standard food safety requirement to prevent cross-contamination.
As of July 2025 (HB 150), you may use commercial kitchen equipment in your home kitchen — as long as it can be properly cleaned and sanitized in your production area. Commercial equipment is no longer prohibited.
If your home uses a private well rather than a municipal water supply, you must submit written results of a water test for bacteria, nitrates, and nitrites with your homestead license application.
DHHS recommends keeping production records — batch logs with dates and quantities. These aren't mandated for the unlicensed tier, but they're essential for traceability if a food safety issue ever arises.
Use SellFood's Sales Limit Tracker to monitor your revenue and stay organized as your business grows.
Track your annual homestead food sales, monitor your channel mix (unlicensed vs. licensed), and get alerts as your business scales — all in one place.
Create Free Account to Use This Tool →New Hampshire's no sales cap and no income tax make it one of the best states to build a home food business. Create your free storefront and start selling today.
Create Your Free Store → Get Licensed