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What You Can Sell in Puerto Rico

A three-tier breakdown of Open, Restricted, and Prohibited food categories for home food sellers in Puerto Rico — with plain-English explanations of why each rule exists.

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Important — no confirmed approved foods list: Puerto Rico does not appear to have a dedicated cottage food statute with an explicit approved-foods list. The categories below reflect what is generally permitted or restricted under the standard food establishment licensing framework and FDA food safety principles. Confirm your specific product with the Puerto Rico Department of Health at salud.pr.gov or (787) 765-2929 before selling.
Product Categories

Open, Restricted & Prohibited

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Open
Generally permitted under standard food licensing
Breads & Baked Goods
Loaves, rolls, muffins, scones, bagels — shelf-stable, non-cream-filled
Cookies, Brownies & Bars
Standard baked goods without custard, cream cheese, or dairy fillings
Cakes & Cupcakes
With non-dairy frosting; fondant-covered, oil-based buttercream
Jams, Jellies & Marmalades
High-sugar, high-acid products with proper pH control (pH ≤ 4.6)
Fruit Butters & Preserves
Apple butter, guava paste, coconut jam — shelf-stable
Hard Candy & Lollipops
Fully shelf-stable; does not require temperature control
Fudge & Brittles
Peanut brittle, pecan brittle, nut bark — non-perishable
Honey & Natural Sweeteners
Raw or infused honey, simple syrups, agave products
Dry Spice Blends & Seasonings
Adobo blends, sazón mixes, herb blends, finishing salts
Granola & Trail Mix
Fully dry; no fresh fruit inclusions that require refrigeration
Dry Baking Mixes
Pancake mixes, cake mixes, soup mixes — shelf-stable dry goods
Roasted Coffee (Whole Bean / Ground)
Shelf-stable; no milk or cream additions
Dried Herbs & Teas
Dried loose-leaf tea blends, herbal infusions, dried culinary herbs
Popcorn & Dry Snacks
Seasoned popcorn, candied nuts, dry roasted items
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Restricted
Allowed with specific conditions — verify before selling
Hot Sauce & Acidified Sauces
Must achieve pH ≤ 4.6; may require FDA registration as an acidified food. Verify with Department of Health.
Cakes with Cream Cheese / Dairy Frosting
Dairy-based frostings and fillings are TCS foods. Requires temperature control for safety; verify refrigeration requirements.
Pickles & Pickled Vegetables
Must maintain pH ≤ 4.6. Fermented/acidified products may require additional regulatory review. [VERIFY with DOH]
Kimchi & Fermented Foods
Requires proper acidification and pH documentation. Consult Department of Health for fermented food protocols.
Kombucha
Fermented; potential alcohol content above 0.5% triggers federal regulations. See Beverages page for full detail.
Chocolate-Dipped & Enrobed Products
Tempering chocolate creates microorganism risk. Many jurisdictions require pH or water activity documentation for enrobed products.
Caramels & Toffee with Cream
Dairy-containing confections. Fully cooked caramels are generally safe; verify water activity (aw ≤ 0.85 target).
Infused Oils
Garlic-in-oil and herb-in-oil products carry botulism risk. Commercially acidified only; verify with DOH before selling.
Nut Butters
Most nut butters are shelf-stable. Verify water activity if adding mix-ins or fresh ingredients that affect moisture levels.
Coconut Products
Dried coconut and coconut sugar are Open. Fresh coconut cream, coconut milk, or refrigerated coconut products require TCS handling.
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Prohibited
Not permitted for home production and sale
Raw or Undercooked Meat
All meat for sale requires USDA inspection. Home kitchens cannot produce or sell raw meat products.
Poultry Products
Requires USDA or USDA-equivalent inspection. Homemade poultry dishes cannot be sold commercially.
Raw Milk & Dairy
Fluid milk and raw dairy products require a dairy license and regulatory approval far beyond cottage food rules.
Unpasteurized Juice
FDA requires pasteurization or 5-log pathogen reduction for commercially sold juice. Cold-pressed juice without pasteurization is prohibited for sale.
Low-Acid Canned Goods (LACF)
Canned vegetables, soups, and stews with pH above 4.6 require commercial retort processing and FDA facility registration.
Alcoholic Beverages
Production of spirits, wine, or beer for sale requires a separate distillery, winery, or brewery license — entirely separate from food seller regulations.
Prepared Seafood Products
Fish, shellfish, and seafood products require a licensed seafood processing facility and HACCP plan under FDA regulations.
Pet Food & Animal Treats
Animal food is regulated separately from human food. Food seller regulations do not cover products intended for animals.
Dietary Supplements
Products making health claims or formulated as supplements fall under FDA's dietary supplement regulations, not cottage food rules.
Understanding the Rules

Why These Restrictions Exist

The distinctions between Open, Restricted, and Prohibited products aren't arbitrary — they reflect decades of food safety science. The central question regulators ask about any food is: could this product make someone sick if the producer makes a mistake? The answer determines how much oversight applies.

The TCS Principle

TCS foods — those requiring Time/Temperature Control for Safety — are the core of food regulation. These are products where harmful bacteria can multiply to dangerous levels if not kept cold (below 41°F) or hot (above 135°F). Dairy, meats, cooked vegetables, and anything with high moisture and low acid content are all TCS foods. A jar of strawberry jam with 60% sugar sits in a fundamentally different risk category than a cream-filled pastry.

The pH and Water Activity Rule

Two numbers determine whether a food is shelf-stable: pH (acidity) and water activity (aw). Foods with pH at or below 4.6 are too acidic for most pathogens to thrive. Foods with aw at or below 0.85 are too dry. Products that hit both thresholds are generally non-TCS and appropriate for home production. Your jams, properly made, achieve this naturally through sugar concentration and natural fruit acids.

Puerto Rico's Unique Context

Puerto Rico's tropical climate creates additional considerations for food safety. Warm ambient temperatures can accelerate bacterial growth on products that might be stable in cooler climates. This makes proper packaging, sealing, and storage even more important for home food sellers on the island. When in doubt, verify the shelf-stability of your specific product with the Department of Health before selling.

TCS Food Quick Reference
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Dairy Products
Milk, cheese, cream, butter, cream cheese frosting — all TCS. Require cold chain.
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Meat & Poultry
All raw and cooked meat, poultry, and seafood. Prohibited for home sellers.
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Eggs (shell)
Shell eggs require refrigeration. Fully baked goods with eggs cooked in are generally non-TCS.
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Cooked Vegetables
Cooked low-acid vegetables (salsas, tomato sauce) are TCS. Need temperature control or acidification.
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Cut Citrus & Fruit
Whole uncut tropical fruits are non-TCS. Cut fruit with exposed flesh requires refrigeration.
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Garlic-in-Oil
Dangerous if improperly made. Botulism risk in low-acid, low-oxygen environments. Verify with DOH.
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High-Sugar / High-Acid
Jams, jellies, hard candy, honey — pH ≤ 4.6 or aw ≤ 0.85. Generally non-TCS and Open.
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Not sure about your product? Contact the Puerto Rico Department of Health directly before selling:
Phone: (787) 765-2929
Web: salud.pr.gov
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Continue Exploring This Guide
🫙
Shelf-Stable Food Rules
Sales channels, storage requirements, and sales limit details for shelf-stable products.
Read →
🍱
Prepared Meals & TCS Foods
Everything home cooks need to know about selling prepared meals in Puerto Rico.
Read →
🧃
Beverages
Kombucha, cold brew, juice, and specialty drink rules for Puerto Rico home sellers.
Read →

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