Chapter 2

Shelf-Stable Food in Wyoming

Shelf-stable foods are the workhorses of any home food business — jams, cookies, spice blends, hot sauces, dry mixes. In Wyoming, these are the foods that unlock every sales channel the Food Freedom Act makes available, including retail shelves and designated agents. Here's how the rules work.

The Science

What counts as shelf-stable.

"Shelf-stable" is another term for non-potentially hazardous or non-TCS foods — items that don't require refrigeration or freezing to remain safe. Most state cottage food laws use pH and water activity thresholds to define the line. Wyoming's Food Freedom Act doesn't impose these thresholds directly, but the distinction still matters because it determines which sales channels you can use.

The two standard thresholds

pH
Below 4.6 — acidic enough to prevent most bacterial growth. Jams, jellies, pickles, hot sauces, and vinegars usually fall here.
Water Activity
Below 0.85 (aw) — not enough free water for bacterial growth. Dry mixes, hard candies, baked cookies, granola, and roasted nuts are typical examples.
Rule of Thumb
If a food can sit out at room temperature on a shelf for weeks or months without spoiling, it's shelf-stable. If it needs a fridge, it's TCS.
Wyoming-specific note: The Food Freedom Act does not require pH or water activity testing for direct-to-consumer sales. You can sell shelf-stable foods without submitting lab tests. For retail shelf sales, you should still know whether your product is genuinely shelf-stable, since the statute restricts retail sales to non-perishable items.
Annual Sales Limit

How much you can sell before you outgrow the Act.

Wyoming Food Freedom Act Cap
$250,000
gross revenue per producer, per year
Plus a companion cap of 250,000 individual food or drink products per year. Applies across your entire operation — not per product, not per channel.

Wyoming's $250,000 annual revenue cap is tied with Florida for the highest in the United States, and it was added as part of the 2020 amendment that opened retail and wholesale sales. The cap is a gross revenue figure — your total income from Food Freedom sales before expenses — not profit.

In practice, very few home food businesses reach this threshold. Most Wyoming producers operate well below it, and the cap is structured generously enough that growing into a real side income or part-time business is comfortable under the Act. If you do approach the cap, you have two options: stop short, or transition into a licensed, inspected operation regulated by the Wyoming Department of Agriculture's Consumer Health Services division. A licensed operation can sell in any channel without the cap — but takes on the full cost and compliance load of commercial food production.

The 250,000-unit cap is a separate ceiling. If you sell low-priced items — say $1 individually-wrapped candies — the unit cap may bind before the dollar cap does. Track both.

Sales Channels

Where you can sell shelf-stable food in Wyoming.

Shelf-stable foods unlock every channel the Food Freedom Act allows — this is the category that benefits most from the 2020 and 2023 amendments. Perishable foods are restricted to direct sales only; shelf-stable products can move through retail, designated agents, and everything in between.

Open

Direct to Consumer

Sell directly at farmers markets, from your farm, ranch, home, office, or any mutually agreed location. The foundation of the Act.

Open

Online Ordering

Accept orders and payment online. The buyer picks up in person or you hand-deliver within Wyoming.

Open

Retail Stores & Grocery

Shelf-stable products can be sold through third-party retail stores. Products must sit on a shelf separate from commercial products and carry the home-kitchen disclosure label.

Open

Designated Agents

A third-party vendor can sell on your behalf at markets or storefronts. Added in the 2023 amendment (SF 102).

Open

Restaurants (Retail Sales)

Restaurants can sell non-perishable Food Freedom items to end consumers — subject to the same shelf-separation and labeling rules.

Restricted

In-Person Delivery

You or a designated agent may deliver in person anywhere within Wyoming. Direct hand-off to the buyer only.

Not Allowed

Mail or Courier Shipping

The WDA has confirmed that USPS, UPS, FedEx, and any courier shipment are not permitted under the Act — even within Wyoming.

Not Allowed

Interstate / Out-of-State Sales

All Food Freedom transactions must occur within Wyoming. Selling or shipping across state lines falls under federal interstate commerce rules.

The retail-shelf rule that trips people up: Wyoming statute requires that home-made food sold through a retail store cannot be displayed on the same shelf or display as commercially-produced food. Stores typically handle this by dedicating a separate shelf, endcap, or display stand to Food Freedom products. Confirm with the retailer before you deliver stock.
Practical Production

Storage and handling best practices.

Wyoming doesn't require a commercial kitchen, inspection, or food safety training for Food Freedom producers. That doesn't mean safety doesn't matter — it means responsibility sits with you. These practices protect your customers, your reputation, and your business.

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Sales Limit Tracker

Log your sales as you go and track your running total against Wyoming's $250,000 annual cap — plus the 250,000-unit ceiling. Get an early warning when you're approaching either limit.

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