Mississippi

Law status: ENACTED


Sales type
Direct only
Sales venues
4 out of 8 allowed
Allowed foods
Many

Sales limit
$20,000 per year

Mississippi’s new law (SB 2553) went into effect on July 1st, 2013. It is an improvement on¬†Mississippi’s pre-existing home-based processor laws, which only allowed sales at farmers markets.

With the introduction of this law comes some limitations, such as an annual sales cap of $20,000. Fortunately, it’s very easy to get started, as no registration or permit is required. Also, the allowed food list is fairly comprehensive — that list and some other requirements were modeled after California’s laws.

Unfortunately, Mississippi is one of the only states that doesn’t allow cottage food operations to advertise online.

Selling

Sales Venues
  • Home
  • Farmers markets
  • Food stands
  • Retail stores
  • Restaurants
  • Events
  • Mail orders
  • Internet

In addition to disallowing online sales, operations also may not advertise online.

Interstate sales are not allowed.

Sales are limited to $20,000 per year

Business

Although no training is required, it is strongly recommended by the health department, especially for those making acidified or pickled products (canned goods).

Allowed Foods

  • Bagels
  • Biscuits
  • Breads
  • Brittles
  • Brownies
  • Cakes
  • Caramel corn
  • Cereals
  • Chocolate
  • Chocolate-covered items
  • Cobblers
  • Cones
  • Cookies
  • Crackers
  • Crisps
  • Dried fruit
  • Dried pasta
  • Fudge
  • Granola
  • Hard candies
  • Jams & jellies
  • Mixes
  • Muffins
  • Mustards
  • Nut butters
  • Nuts & seeds
  • Pastries
  • Pickles
  • Pies
  • Popcorn
  • Preserves
  • Pretzels
  • Rolls
  • Sauerkraut
  • Scones
  • Seasonings
  • Soft candies
  • Spices
  • Sweet breads
  • Tortillas
  • Vinegars

The allowed foods are not restricted to what is on the list. Anything that is non-potentially hazardous may be made, but it might need to be lab tested to verify that it’s safe.

Labeling

Label Requirements
  • Product name
  • Business name
  • Business address
  • Phone number
  • Email address
  • Ingredients
  • Net weight
  • Date produced
  • Allergens
  • Nutrition info
  • Statement
Sample Label

Chocolate Chip Cookies

"Made in a cottage food operation that is not subject to Mississippi's food safety regulations."

Forrager Cookie Company
123 Chewy Way
Cookietown, MS 73531

Ingredients: enriched flour (wheat flour, malted barley flour, niacin, iron, thiamin mononitrate, riboflavin, folic acid), butter (cream, salt), semi-sweet chocolate (sugar, chocolate, cocoa butter, milkfat, soy lecithin, natural flavors), brown sugar, granulated sugar, eggs, vanilla extract (vanilla bean extract, alcohol, sugar), baking soda, salt (salt, calcium silicate)

Contains: milk, eggs, wheat, soy

NET WT 2 lb 4 oz (1.02 kg)

Nutrition facts are required if a nutritional claim is made (like “low fat”).

This page was last updated on July 1st, 2013

Brenda

I am about to start a cottage food operation from my home and am wondering about frosting that contains Cream Cheese like for a Red Velvet Cake or Cinnamon rolls. Is that allowed? I know I usually refrigerate any cake or bread just because they stay fresher longer but wouldn’t consider it hazardous to leave it out either. Just wondering.

Mirabella

I’m sure it’s probably a no-brainer, but would Facebook and any other social media fall into the online web presence categorie? Like posting a picture and stating I have this item available?

Terri Oehmichen

I plan to sell dog biscuits at the local farmers markets on the coast. Do the exact laws apply to dog biscuits as biscuits intended for human consumption? I plan to sell by quantity of biscuits, not by weight; is that allowed?

J.Chambers

    It’s possible that some kinds of salsa would be allowed, but you probably need to get them lab tested. You should call your health dept and see if they require that.

Tavo

We are planning on selling some baked products in Mississippi and we thought the cottage food operation is a great way to get started. Our main concern is the legal definition of “A cottage food operation may not sell or offer for sale cottage food products over the Internet”. We do consider that saying “we have cakes for sale at $X.XX” while operating as a Cottage Food Operation will be illegal under this law, since that will be advertising. But, can we display what we have done so far over the Internet kind of a portfolio showing what we have accomplished so far? To us the legal definition of “advertising” is not that clear, since we can just say what we have been up to and not really be telling anyone to buy anything. Any thoughts/advice will be well received.

    I am not the health dept, but I believe the intent is that these small businesses would not have any kind of web presence. Mississippi is one of the only states that disallows online advertising, and I don’t know why they do. However, I could see there being a gray area… for instance, if you write a personal blog and write about how you just made an awesome cake, I don’t see how they could say no to that. But if you have a website dedicated to listing all of the cakes that you’ve made, then they would probably see that as promoting your business. As I said, I don’t know what they were thinking and you really have to call them to find out… and if you do, please let us know.

doug

CF operation in Mississippi and products produced are listed in new Mississippi CFO law, but all sales in Louisiana thru Goodeggs (distributor).
QUESTION: I assume both La and MS CFO laws must be followed-is that correct???

How does one start a Cottage Food Operation or can you literally label homemade goods and sell legally?

    There is no licensing process, but you should probably call your planning division to make sure there are no other requirements (like getting a business license).

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