Nevada

Law status: ENACTED


Sales type
Direct only
Sales venues
5 out of 8 allowed
Allowed foods
Some

Sales limit
$35,000 per year
Startup cost
$100

Nevada’s cottage food law (SB 206) went into effect on July 1st, 2013. The law allows many different types of food products to be sold, but it is restricted in most other ways. Cottage food operators must make all of their sales in-person, and they cannot sell more than $35,000 per year of goods. Operations must be registered with one of the four health districts in the state, and the fee for registration varies by region.

Selling

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

All sales must be made in-person with the cottage food operator. Internet or phone sales are only allowed when the product gets exchanged in-person.

You may offer food samples at events, but they must be prepared in individual, closed, disposable containers at your home, and the samples may only be opened by the consumer. If you want to offer samples in an open container, then you need to get a temporary food permit.

You can sell anywhere in the state, but you must get registered in districts that are outside your own if you sell there. See the business section for more details.

Sales are limited to $35,000 per year

Business

Base Startup Cost$100

    Requirements

  • License
  • Home inspection
  • Training
  • Business License

Cottage food operations must register with their health department in their district. There are four districts: Southern NevadaWashoe CountyCarson City,  and everywhere else. The fee for registration will vary by county — in Clark County, for example, the fee is $100.

Even though it is not required, the health department encourages CFOs to get some form of food safety training.

Allowed Foods

  • Biscuits
  • Breads
  • Brownies
  • Cakes
  • Cereals
  • Chocolate
  • Cobblers
  • Cookies
  • Crisps
  • Dried fruit
  • Dried vegetables
  • Fudge
  • Granola
  • Hard candies
  • Herbs
  • Jams & jellies
  • Mixes
  • Muffins
  • Nuts & seeds
  • Pastries
  • Pies
  • Pizzelles
  • Popcorn
  • Preserves
  • Rolls
  • Scones
  • Seasonings
  • Soft candies
  • Sweet breads
  • Vinegars

All non-potentially hazardous baked goods are allowed. Home-canned goods may not be used in any of your products.

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 GOVERNMENT FOOD SAFETY INSPECTION"

Forrager Cookie Company
123 Chewy Way
Cookietown, NV 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)

Labeling Guide

Workplace

Food must be prepared in the home, but some health departments may also allow food to be prepared in other kitchens, like those in colleges, churches, and some non-profit organizations.

This page was last updated on January 13th, 2014

where do we get the cottagefood license in Nevada

Carlos

Can I sell my salsa and what do I need

Kristy

Can you make caramel apples and sell?

    You should be able to make them if you don’t puncture the apple. You can also call your health dept to see if they will allow you to put a stick in them.

Trisha

My state does not allow meringue products. Does this include Italian Meringue buttercream frosting? The sugar syrup is heated to 240, which is then added to the egg whites, then butter is added after cooling off.

    Swiss and Italian meringue frosting does seem to fall into it’s own class, but I really can’t say for sure whether the health dept is going to allow it. You just need to call them and ask.

kyle gault

im an avid candy maker like truffles etc are these allowed to be sold

    The law does allow “candies”, which I assume would include non-perishable truffles. Ultimately it’s up to your health dept to decide whether or not to allow them.

I was wondering if events not label as a craft fair or church bazaar are ok. We are military so there are a lot of events done on base that I could do, but not all are labeled strictly as a craft fair and none are “church”.

Marisa

Can you sell cake pops with this law?

sage

What about meatless pet cookies?

Cathy

Would caramel sauce qualify? It only requires refrigeration after opening.

nichole

    I don’t think these are allowed, but they actually might be if they are considered a “flavored vinegar”. You should call the health dept and if they say no, ask them if it could be considered a flavored vinegar, since that is basically what it is and that’s on the approved food list.

Jennifer

Do you have to own the home your baking in or can it be a rental property/apartment?

Are there any inspections required for the residence?

Brian

Hi David. Fantastic resource you have provided. My main question is about zoning.

Does residential zoning in nevada allow sale of goods? Does this law have more power than local zoning rules that may restrict conducting any business from home? Or perhaps all residential zoning already allows for the sale of goods from home?

Thanks

    It does not have power over local zoning rules, though few, if any, zones would have rules against the cottage food law. Virtually all homes in Nevada will be allowed to sell cottage foods. You need to contact your planning division, and they will tell you if there are any requirements for your area.

melissa

I am considering starting a cake business. I read something about cream cheese not being allowed. Is this even for frosting?

    It would not be allowed for frosting. You might be able to get away with using a little bit in a baked good, but even then, it would probably still be disallowed.

Kim K

I don’t see it listed, but what about ice, can block ice be made at home? For making shave ice?

HI I was wondering if selling Cheese Tamales are okay to sell though the cottage law, and is there any other way of trying to sell meat tamales. Thank you,

Jana

Hi! I saw that dried veggies are allowed but not bottled. Is there a reason?
Thanks for all the wonderful info!

    Yes, it’s because canned vegetables can be potentially hazardous if produced incorrectly. Dried vegetables have a very low water activity level, which makes them safer overall.

janet

i own a retail store and have carried local jams and hot sauces from a cottage kitchen for years. How can I continue to carry these products?

    You would not legally be able to unless that cottage kitchen converted into a standard food business that produces their items from a commercial kitchen. In truth, this wouldn’t have been legal in the past either, despite it being common.

    It would be nice to see Nevada pass an amendment that allows different classes of CFOs, similar to California, and this would allow sales at retail stores.

Sharon

I have been doing lots of research for the Cottage food operations.. I understand that this permit does Not allow selling of the listed food above for internet/phone transactions… What license will I need to be able to do this?

    If you’re not going the cottage food route then you just need to go the standard route via your health department of becoming a regular food business that makes everything in a commercial kitchen. It’s more expensive and complicated, which is why these cottage food laws exist, but they’re not for everyone.

Hi David! I need a little help with a few questions/answers if you don’t mind.
1) Meat products are/are not allowed for sale out of a home?
2) What happens if someone gets sick and they are not registered with the health dept.?
3) What happens if you just don’t follow the law?
4) Can you have a facebook page for your products for sale?
5) Does it matter if the transaction is at your residence or the park?

Thanks!

    1) No, nothing containing meat is allowed.
    2) Do you mean if someone is illegally selling homemade goods and someone gets sick from those goods and complains? I don’t exactly know… I’ve actually never heard of that happening because usually homemade goods are perfectly safe. When health departments learn about unlicensed food businesses, they either give a warning or charge a fine. If someone actually got ill from an illegal food business’ products, I’d say the consumer would have grounds to sue the illegal business, which would have no protection from something like that, since you can’t get insurance for a business without a business license.
    3) I think I mostly covered this above. People run illegal food businesses all the time, and many don’t know that it’s illegal. People that take the time to follow the law don’t like illegals because they lower the reputation of home food businesses in general (it’s harder to get good laws passed because people stretch the rules — it’s kind of like how speed limit signs are slower than they should be because people will go faster no matter what they are). However, cottage food laws were made in part to allow these home food businesses to legally exist so that they could actually get the licensing and protection they need, as well as have the capacity to sell beyond their home (at farmers markets and such).
    4) Yes
    5) It doesn’t matter — the transaction just needs to be made in-person, and it also can’t happen at a licensed food facility.

I make dilly pickles, & Veggies also Salsa can I sell these at craft shows & Bazaars?

andreanna

Ok so how do you apply for an exemption to calories and nutritional info on labels. Is there a link to that info? I am in the beginning stages and still so confused.

Brittney

Can you sell for example a cake to a business? Or do you have to be present for the transaction of every slice?

    Your goods cannot be resold. You can sell a cake to a business as long as that business is not a food facility and it’s buying it for its employees to consume. You do have to be present for every transaction in your business.

How’s the application process to receive the permit like? And how long does it take? Would I be able to sell at a garage sale?

    The registration process is different for every county in the state, so you need to check with yours. As an example, here is the one for Clark County. You can sell from your home, so you could sell at your own garage sale.

    sage

    What about nhy county? Far as registration? Nevada

    If you look in the Business section above, you’ll see that there are only 4 departments that oversee these laws. You should call the one that is applicable to you.

Barbara

Thanks for all the great information. This tells me that I will qualify for the Cottage Law status and I can go to the Health Dept. with this information. I have been there twice trying to get the scoop on how to proceed and they never once mentioned the Cottage Law even after I described what I was trying to do!

    Barbara, I know it’s frustrating. This law is so new that they might be unaware of its existence. Or maybe they just don’t agree with it. Either way, it sounds like you should be able to move forward with your business.

Ruth Penner

Does homemade pet food fall into this category at all? I make soft cat food for my cats with a recipe from a veterinarian & would like to be able to sell it.

    Almost certainly not. Pet food falls under different regulation than people food, for some reason. I’ve seen many states say they disallow pet food, many states say they aren’t sure, and no state (that I’ve seen) says they allow it. But it’s really up to you health department to decide — don’t be surprised if they don’t know.
    By the way, I probably should mention that if your cat food recipe has meat in it, then it wouldn’t be allowed regardless.

Jody

Is a business license required to operate a cottage food kitchen?

    It may be, but it depends on what city or county you live in. Your planning division should be able to tell you if you need to get a business license.

Is dried tea considered an herb? I don’t see it on the list.

    Hmmm, I can’t say for sure, but I’m almost positive it would be okay. Cottage food laws usually list tea if they allow it, but Nevada’s law doesn’t list it. However, Nevada allows most shelf-stable foods, and dry tea definitely falls into that category. You could check with your county when you register.

Clark Country Resident

I make awesome pickles and BBQ rubs and hot sauces and have been encouraged to market these…are these items included?

If we (Shirley’s Farmers’ markets) do allow any “cottage industry” products they must be pre approved and will probably be limited to dried herbs.

Robin C

I am SO excited about this law passing! I am an avid home baker who loves to share what I make with family and friends, and the opportunity to make a little extra cash is so exciting. The big question though, is whether it will be worth it to pay all the fees associated with farmers market booths, etc AND overhead and only be able to sell $35,000 in a year…

    Well you can’t know unless you try! I can say, though, that some counties in California have pretty high fees, but almost all of the cottage food operations I’ve met were able to recuperate their expenses within the first couple months. There is such a huge demand right now for local, healthy foods. And once you hit the sales limit, that’s supposed to give you enough of a head start to go commercial.

I’m this with interest. I just have a few concerns: How would a home cook determine caloric count, serving size and nutritional content? I get that on the ingredient list we would list the ingredients from most to least and in the event that our ingredients we list those in parentheses. For example I make jams I would list my fruit, sweetner (sugar or honey) and then my pectin which would include their list of ingredients in parentheses. Also, the $35000 per year, is that PROFIT, sales subtract ingredient costs, or just sales?

Ivy

I live n Clark County, hopefully it will be allowed here as well. I sure would appreciate updates. Thank you.

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