New Hampshire · What You Can Sell

What You Can Sell in New Hampshire

A complete breakdown of allowed, restricted, and prohibited foods under New Hampshire's Homestead Food Operations program — updated for the 2024 and 2025 law changes.

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2024 & 2025 Law Updates: HB 1565 (effective August 2024) removed the annual sales cap and added acidified foods — pickles, salsas, and vinegar-based products — to the allowed list for unlicensed sellers. HB 505 (effective July 2025) added freeze-dried foods for licensed sellers. HB 150 (July 2025) now permits commercial kitchen equipment if it can be properly cleaned in your home. All content below reflects current law.

Product Status at a Glance

Under New Hampshire's Homestead Food Operations program, products fall into three categories. Both tiers (unlicensed and licensed) share the same allowed product list — the difference is where and how you sell, not what you can make.

Open — Clearly Allowed

No conditions
Breads & Rolls
All standard yeast and quick breads, rolls, bagels, biscuits, scones
Cookies & Brownies
All standard baked cookies, brownies, bars, biscotti
Cakes & Cupcakes
Dry-frosted only; cream cheese / buttercream frostings require pH/Aw testing
Pies & Pastries
Fruit pies, nut pies, danish, churros, empanadas, tamales, cones
Donuts & Macarons
Standard cake and yeast donuts; French macarons (no custard filling)
Candy & Fudge
Hard candy, brittles, fudge, caramels, toffee, marshmallows
Chocolate & Truffles
Chocolate bars, truffles, chocolate-covered items (no fresh dairy centers)
Jams & Jellies (NCHFP)
Standard recipes from the National Center for Home Food Preservation only
Marmalades & Chutneys
NCHFP-approved recipes; custom recipes require process review
Applesauce
Plain and naturally acidic fruit sauces
Dry Spices & Seasonings
Spice blends, rubs, finishing salts, herb blends — fully dry only
Dry Mixes & Pasta
Baking mixes, soup mixes, dry pasta noodles
Coffee & Tea (Dry)
Roasted whole bean coffee, ground coffee, loose-leaf tea, dry chai blends
Granola & Trail Mix
Dry granola, trail mix, candied nuts, dried fruit blends
Popcorn & Crackers
Kettle corn, caramel corn, popcorn, pretzels, crackers
Nut Butters
Peanut, almond, and other nut butters — naturally shelf-stable
Tortillas (Dry)
Dry corn and flour tortillas
Fruit Leathers
Shelf-stable dried fruit leather strips
Vinegars
Naturally acidic true vinegars (not infused with low-acid produce)
Mustards
Dry mustard and vinegar-based prepared mustards

Restricted — Conditions Apply

Review required
Custom Jams & Jellies
Non-NCHFP recipes require process review by a licensed food processing authority before sale
Pickles (Acidified)
Now allowed unlicensed (HB 1565, 2024). Process review required to confirm pH safety
Salsas & Hot Sauces
Vinegar-based salsas allowed; process review required. Cooked vegetable salsas prohibited — see below
Fruit Butters
Allowed except pumpkin butter (prohibited). Non-NCHFP recipes need process review
Moist Sweet Breads
Banana bread, zucchini bread — must be tested to confirm water activity <0.85
Pepper Jellies
Even NCHFP-recipe pepper jellies require process review due to pH variation
Cream Cheese / Buttercream Frosting
Only allowed if the finished product tests pH <4.6 or water activity <0.85
BBQ Sauce
Naturally acidic BBQ sauces may qualify; cooked vegetable-based sauces do not. Process review determines classification
Infused Oils
Garlic-infused and herb-infused oils carry botulism risk — process review required; may require acidification
Freeze-Dried Foods
Allowed only with Class H Homestead License (HB 505, 2025); can only be sold from home, farm stand, or retail stores
Wedding Cakes
Permitted if fillings and frostings are shelf-stable; fresh dairy fillings or custards require pH/Aw testing
Ketchup
Tomato ketchup: process review required to confirm pH and acidification method

Prohibited — Not Permitted

Cannot sell
Meat, Poultry & Seafood
All meats, poultry, fish, shellfish, crustaceans — USDA-regulated, not allowed under homestead law
Eggs
Regulated separately — not permitted under homestead food operations
Milk & Dairy Products
All dairy including cheese, yogurt, cream — requires dairy establishment license
Honey & Maple Syrup
Regulated by NH Dept of Agriculture — not under DHHS homestead law. Contact 603-271-3551
Kombucha
Requires a DHHS beverage license; NH Liquor Commission may also be involved. Cannot be made under homestead law
Cold Brew Coffee
Requires a separate DHHS beverage license — not permitted under homestead operations
Apple Cider
Not allowed under homestead law — requires food processing license
Cooked Vegetable Products
Cooked salsas, tomato sauces, pasta sauces — TCS foods, cannot be safely produced at home
Low-Acid Canned Foods
Any canned product that is low-acid (pH ≥4.6) — requires commercial retort processing
Pumpkin Butter
Specifically prohibited — pumpkin is a low-acid vegetable and cannot be safely processed at home
Standard Dehydrated Foods
Standard dehydration cannot reliably guarantee water activity <0.85 in a home setting. Freeze-dried is allowed with license.
Meat Jerky
Dehydrated meat is both a meat product (USDA) and requires controlled dehydration — doubly prohibited
Pet Food
Regulated by the NH Dept of Agriculture. Contact 603-271-3685
Alcoholic Beverages
Requires a NH Liquor Commission license — entirely outside the homestead food program

Products by Category

A category-level view of what's allowed — items marked amber require a process review or specific testing.

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Baked Goods
Breads & rolls Cookies Brownies Cakes Cupcakes Donuts Macarons Scones Banana bread ⚠ Zucchini bread ⚠ Cream frosting ⚠
🍬
Candy & Confections
Hard candy Fudge Brittles Marshmallows Caramels Toffee Chocolate Truffles Candied apples Cotton candy
🫙
Jams & Preserves
Jams (NCHFP) Jellies (NCHFP) Marmalades Applesauce Chutneys Custom jams ⚠ Pepper jelly ⚠ Fruit butters ⚠
🌶️
Sauces & Condiments
Mustards Vinegars Nut butters Pickles ⚠ Salsas ⚠ Hot sauce ⚠ BBQ sauce ⚠ Ketchup ⚠ Infused oils ⚠
🧂
Dry Goods
Spice blends Seasonings Baking mixes Soup mixes Dry pasta Herb blends Finishing salts Pancake mix
Coffee & Tea (Dry)
Whole bean coffee Ground coffee Loose-leaf tea Dry chai blends Herbal tea Tea & herb mixes
🍿
Snacks
Granola Trail mix Popcorn Kettle corn Crackers Pretzels Candied nuts Fruit leathers Choc-covered items
❄️
Freeze-Dried (Licensed)
Freeze-dried fruits ⚠ Freeze-dried veg ⚠ Freeze-dried dairy ⚠

⚠ = process review, lab testing, or Class H license required before selling

Understanding New Hampshire's Rules

New Hampshire's homestead food program is built on a single foundational principle: the food you make must be shelf-stable at room temperature. These are called non-TCS (Temperature Control for Safety) foods — meaning they won't support the rapid growth of dangerous bacteria when stored at room temperature. Foods that need refrigeration to stay safe are considered "potentially hazardous" and are not allowed under this program, regardless of tier.

The boundary between allowed and prohibited often comes down to two measurable properties: pH (acidity) and water activity (Aw). Foods with a pH below 4.6 are acidic enough to inhibit bacterial growth. Foods with water activity below 0.85 don't have enough free moisture to support pathogen growth. When either threshold is met, a product is generally considered shelf-stable.

🔬 The Two Safety Thresholds

pH (acidity)
Below 4.6 = shelf-stable
Water Activity (Aw)
Below 0.85 = shelf-stable
Either threshold met?
Potentially allowed

⚠️ What Is a Process Review?

Many borderline products — custom jams, acidified salsas, moist sweet breads, hot sauces — require a process review before you can legally sell them. A process review is an evaluation by a licensed food processing authority who confirms your product's safety and shelf-stability.

Products that require a process review include:

  • Jams and jellies using non-NCHFP (custom or tweaked) recipes
  • Any acidified food — pickles, salsas, vinegar-based hot sauces
  • Pepper jellies — even NCHFP versions
  • Moist sweet breads (banana bread, zucchini bread) for water activity
  • Infused oils — especially garlic or herb oils (botulism risk)

To find a licensed food processing authority in New Hampshire, contact DHHS Food Protection at [email protected] or 603-271-4589. They maintain the current list of approved reviewers.

The National Center for Home Food Preservation (NCHFP) at the University of Georgia is the gold standard for home-canning and jam recipes. If you use an NCHFP-approved recipe exactly as written (no substitutions), you generally do not need a process review for jams, jellies, and most preserves — though pepper jelly is an exception and always requires review in New Hampshire.

NCHFP — Your Recipe Guide

Use only the exact recipes from the National Center for Home Food Preservation to skip the process review for standard jams, jellies, and preserves. No substitutions allowed.

Visit NCHFP →

Questions About Your Product?

NH DHHS Food Protection is happy to consult on whether your specific product is considered potentially hazardous. Call or email before you invest in production.

📧 [email protected]
📞 603-271-4589

Honey or Maple Syrup?

If you want to produce and sell your own honey or maple syrup, contact the NH Dept of Agriculture — these products are regulated separately from the homestead food program.

📞 603-271-3551

NH Dept of Agriculture →

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