Under Oregon's Cottage Food Exemption (ORS 616.723, as amended by SB 643, effective January 1, 2024), the standard is simple: any food that is non-potentially hazardous — meaning it does not require refrigeration for safety — may be produced and sold from a home kitchen. This is a dramatic improvement from the pre-2024 law, which limited sales to a narrow list of baked goods and confections.
The three-tier system below reflects how Oregon's rules work in practice. "Open" means clearly allowed with no special conditions. "Restricted" means allowed but with specific requirements you must meet. "Prohibited" means not permitted under the basic cottage food exemption — though some of these items may have a separate licensing pathway described in our Special Categories guide.
Understanding the Rules
Oregon's cottage food rules hinge on a single concept: whether a food is potentially hazardous (also called TCS — Temperature Control for Safety). A potentially hazardous food is one that supports the rapid growth of harmful bacteria or toxins when held at room temperature. If your product needs to stay refrigerated to be safe, it's TCS — and it's outside the cottage food exemption.
The good news is that most foods home bakers and artisan food sellers make are shelf-stable by nature — baked goods, jams, spice blends, granola, candy, and dry goods all fall squarely into the allowed category. The complexity arises at the edges: acidified foods like pickles and hot sauce, products with borderline water activity like syrups, and fermented beverages like kombucha that can produce alcohol during fermentation.
For any product you're unsure about, the Oregon Department of Agriculture's Food Safety Program is your first call. They can advise on whether testing is needed and refer you to a Process Authority at OSU Extension if pH or water activity testing is required. Contact ODA at 503-986-4720 or Oda.Exemptfoods@ODA.oregon.gov before you start selling a borderline product.
✅ Non-TCS (Shelf-Stable) — Allowed
- Does not require refrigeration for safety
- Low water activity (dry, sugar-dense, or acidified)
- Does not support rapid pathogen growth at room temperature
- Examples: baked goods, candy, jam, dry pasta, spice blends, honey
- No temperature control needed during storage or display
🚫 TCS (Temperature-Controlled) — Prohibited
- Requires refrigeration or temperature control for safety
- High protein, high moisture, or low-acid composition
- Supports growth of bacteria like Salmonella, Listeria, or C. botulinum
- Examples: dairy, meat, fresh juice, cream fillings, bone broth, soups
- Requires commercial kitchen and domestic kitchen license at minimum
Edge Cases & Common Questions
| Product | Status | What You Need to Know |
|---|---|---|
| Pickles (vinegar-brined) | Restricted | Allowed if properly acidified to pH ≤4.6. ODA may order testing. Contact OSU Extension Food Science for Process Authority review on new recipes. |
| Hot Sauce (shelf-stable) | Restricted | Allowed if acidified and shelf-stable. pH testing by a certified lab is recommended before selling. Refrigerated hot sauce not allowed. |
| Marionberry jam | Open | One of Oregon's most iconic foods — properly processed shelf-stable jam is fully allowed. If using your own homegrown marionberries, Farm Direct may also apply. |
| Wedding cakes | Restricted | Allowed with buttercream, fondant, or royal icing. Not allowed with cream cheese frosting, mousse, whipped cream, or custard. |
| Kombucha | Restricted | Shelf-stable kombucha at confirmed safe pH is likely allowed, but fermentation can continue in bottle and alcohol content can rise. Verify with ODA before selling. |
| Garlic-infused olive oil | Prohibited | Explicitly prohibited due to botulism risk. Garlic in oil is low-acid, low-oxygen — ideal conditions for Clostridium botulinum. No exceptions. |
| Bone broth | Prohibited | Protein-rich, low-acid, requires refrigeration — TCS food. Cannot be sold under cottage food exemption. |
| Dehydrated chips (potato, tortilla) | Open | Fully dehydrated chips are shelf-stable and allowed. Must be dry enough that water activity does not support pathogen growth. |
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