
The short version: Whether you need a license for a home bakery depends on two things: your state, and what you bake. Of the 10 states we checked, Texas, Florida, Georgia, Michigan and Ohio ask for no state license to sell cookies, bread and other baked goods that keep at room temperature, while Washington charges $355 for a two-year permit that comes after a kitchen inspection. Cheesecake, cream pies and custard are where the answer changes, because 8 states on our list leave them out of their home baking rules, Ohio covers them only under a separate $10-a-year Home Bakery license with an inspection, and cream cheese frosting is banned by name in New York and may need a lab test first in North Carolina. Your city or county can still require a business license or zoning approval even when the state asks for nothing.
Checked on each state agency's own page, September 29, 2026: the fees, caps and rules in this post come from those pages, named in each section, and some counties add their own steps, so verify your state's current rules before you sell. Homegrown, mentioned below, is $10 a month billed annually, customers create an account to place a first order, and it has no drops feature (a timed release with a countdown).
Most people who search for a home bakery license are standing in their kitchen with a tray of cookies and one question: am I allowed to sell these? The honest answer is that there is no single national license. Each state writes its own rules for food made at home, and each one uses its own name for the paperwork.
This guide sorts it out the way a baker needs it sorted. It covers what the paperwork is called, what 10 states actually ask for, which baked goods change the answer, and the other licenses that sit next to the food one. Every fee and cap below was read off the state agency's own page on September 29, 2026, because many of the charts floating around online still carry numbers from before the latest law changes.
You need one in some states and not in others, and the 10 states on our list fell into three groups for bakers. Five ask for nothing from the state for shelf-stable baking. Two ask for a registration with no inspection before you sell, though California's higher level, a Class B permit, does bring one. Three put an inspector in your kitchen before you sell, and Ohio adds one for items that need refrigeration.
Here is how the 10 states split for a baker selling bread, cookies and brownies:
The second question matters just as much as the first. A baker in Ohio who sells sourdough and chocolate chip cookies needs no license at all. The same baker who adds a cheesecake needs Ohio's Home Bakery license and an inspection. So before you look up your state, write down every product on your menu, including the frostings and fillings.
If you are still at the very start, our guide on how to start a home bakery walks through the steps around the license, from picking your menu to pricing and your first ten customers. This article stays on the paperwork.
A home bakery license is the everyday name for whatever your state requires before you sell food you baked at home, and in most states it is not literally called a license. Nearly every state runs a cottage food program, which is a set of rules that lets you make lower-risk foods in your own kitchen and sell them without a commercial kitchen.
What that program hands you goes by a different name in almost every state:
If your search for a home bakery license turns up a "registration" or a "permit," that is your requirement. Across the 10 states in this guide we found six different answers, from no filing at all to an actual $10 license. The word changes from state to state. What matters is whether you file something, pay something or open your kitchen to an inspector before your first sale. Our state-by-state cottage food laws guide links to a page for every state if yours is not in the 10 below.
In the 10 states we checked, a baker selling shelf-stable baked goods pays anywhere from $0 to $355 in state fees (California leaves its fee to each county), and the sales caps run from $35,000 in Washington to $250,000 in Florida. The table below shows each state's requirement for bread, cookies and similar baked goods, who handles it, the state fee, whether an inspector comes first, and the yearly sales cap.
Scroll sideways to see every column.
| State | What a cookie or bread baker needs | Who handles it | State fee | Inspection before selling | Yearly sales cap |
|---|---|---|---|---|---|
| Texas | No license or registration. A food handler training course. Register with the state only to sell foods that need refrigeration | Texas Department of State Health Services | None for shelf-stable baking | No | $150,000 |
| Florida | No permit | Florida Department of Agriculture and Consumer Services | None | No | $250,000 |
| Georgia | No license since July 1, 2025. An ANSI-accredited food safety course | Georgia Department of Agriculture | None | No pre-licensing inspection | Not listed |
| Michigan | No license and no registration | Michigan Department of Agriculture and Rural Development | None | No | $50,000, or $75,000 if your products sell for $250 or more each |
| Ohio, cottage food | No license for shelf-stable baked goods | Ohio Department of Agriculture | None | No | Not listed |
| Ohio, Home Bakery | A Home Bakery license, for baked goods that need refrigeration | Ohio Department of Agriculture | $10 a year | Yes | Not listed |
| New York | A Home Processor registration | New York State Department of Agriculture and Markets | None ("currently no fee") | No. Kitchens are reviewed on a complaint basis only. A water test if you are on a private well | Not listed |
| Pennsylvania | A Limited Food Establishment registration | Pennsylvania Department of Agriculture | $35, then $35 a year | Yes, and routine visits after | Not listed |
| North Carolina | A home processor inspection. No permit is issued | North Carolina Department of Agriculture and Consumer Services | No fee listed on the page | Yes | Not listed |
| Washington | A Cottage Food Permit, a food worker card and a state business license | Washington State Department of Agriculture | $355 for two years | Yes | $35,000 |
| California | A Class A registration or a Class B permit, plus a training course within three months | Your county's environmental health department | Set by your county | Class A: no. Class B: yes, an initial inspection before the permit | $88,878 Class A, $177,756 Class B (2026) |
We checked every row on the state agency's own page on September 29, 2026. "Not listed" means the page we loaded did not state a cap, not that one can never apply. The California caps come from the state's 2026 adjusted limit sheet, and its inspection rule from California Health and Safety Code section 114365.
Yearly sales caps for home bakers, states that set one
Source: each state agency's page, checked September 29, 2026. California figures are its 2026 adjusted limits ($88,878 and $177,756). Michigan's cap rises to $75,000 for products priced at $250 or more.
Old numbers are everywhere. California's own cottage food web page still says $75,000 and $150,000, while the state's 2026 adjusted sales limit sheet puts them at $88,878 and $177,756. Two state charts we read on other sites on September 29, 2026 still listed an older, lower Texas cap than the $150,000 on the Texas health department's page. Go to your state agency's page before you plan around a number.
Any baked good that has to stay in the fridge changes the answer, in every one of the 10 states we checked. Cheesecake, cream pies, custard pies, cream fillings and some frostings are the products that push a home baker from "no license" to "license and inspection," or out of the home kitchen entirely. Bread, cookies, brownies and double-crust fruit pies are allowed almost everywhere.
The four states below show how differently the same menu gets treated:
Scroll sideways to see every column.
| Baked good | Texas | New York | North Carolina | Ohio |
|---|---|---|---|---|
| Bread, cookies, brownies | Allowed, no license | Allowed with the free registration (no breads with vegetables) | Allowed after the kitchen inspection | Allowed, no license |
| Double-crust fruit pie | Allowed, no license | Allowed with the free registration | Allowed if it keeps without refrigeration. Some pies may need a lab test | Allowed, no license |
| Cake with homemade buttercream or cream cheese frosting | Allowed. If it needs refrigeration, register with the state and add a safe-handling statement | Not allowed | Cream cheese frosting may need a lab test first | If it needs refrigeration, Home Bakery license |
| Cheesecake | Allowed after registering with the state | Not allowed | Not allowed | Home Bakery license |
| Cream, custard or pumpkin pie | Cream and custard pies count as foods that need refrigeration: register with the state | Not allowed (cream, custard and meringue pies are all named) | Not allowed with cream fillings | Home Bakery license |
We checked that on the Texas Department of State Health Services cottage food page and Texas Senate Bill 541, New York's Home Processing page, North Carolina's Home Processor page and the Ohio Department of Agriculture's Home Bakery and Cottage Foods pages, all on September 29, 2026.
North Carolina's home processor page puts it plainly: bakery products with cream or cream cheese fillings and cheesecakes are high-risk products that cannot be made in a home kitchen there. New York goes further and names homemade buttercream containing dairy or eggs. Texas went the other way in 2025: its law now lets a home baker sell cream and custard pies and cakes, as long as the baker registers with the state and prints a keep-refrigerated statement on the label or receipt.
In a pull of the Homegrown catalog on September 29, 2026, 1,436 of the 2,784 listings were in the Bakery category, from 184 vendors. We searched those bakery listings' names and descriptions for cheesecake, cream cheese, buttercream, custard, cream fillings, meringue and pumpkin pie, read every match, and dropped 17 where the word was only a serving idea like "great with cream cheese," an add-on spread, a flavor name with no filling or frosting, or plain meringue cookies that keep at room temperature. That left 99 listings from 36 of the 184 bakery vendors, about 1 in 5, with one of those as part of the product. Cream cheese showed up in 45 of them, buttercream in 20 and cheesecake in 19.
That 1 in 5 is the group this section is written for. If you are one of them, check your frosting and filling against your state's list, not just the cake underneath.
Ohio's Home Bakery license costs $10 a year and covers the baked goods Ohio's cottage food rules leave out, like cheesecake, cream pies, custard pies and pumpkin pies. Ohio runs two tracks. Shelf-stable baked goods fall under cottage food, which the Ohio Department of Agriculture says is "exempt from being licensed and inspected." Anything that needs refrigeration needs the Home Bakery license instead.
The Ohio Department of Agriculture's Home Bakery page, checked September 29, 2026, says a Home Bakery "must be licensed and inspected by the Ohio Department of Agriculture, Division of Food Safety," and that "the annual fee for a Home Bakery license is $10."
To get the license, your kitchen has to pass an inspection. The Home Bakery page lists what the inspector looks for:
The license also opens one door cottage food does not. The same page says Home Bakery products may be sold outside of Ohio, while Ohio's cottage food page says cottage food may only be sold in Ohio. Both tracks can sell from your home and to restaurants. The trade-off is the no-pets rule, which rules out many home kitchens. If you have a dog, the cottage food track may be the only one open to you, which means keeping cheesecake off the menu. Our Ohio cottage food law guide covers the shelf-stable side in more detail.
Five states in our check let a baker sell shelf-stable baked goods with no state license, permit or registration. Each one still comes with rules, and a few come with a course or a cap. Ohio is covered in the section above, so here are Texas, Florida, Georgia and Michigan.
What each of the four still asks of you:
"No license" does not mean no rules. It means nobody signs off before your first sale. You are still on the hook for correct labels, for staying inside the list of allowed foods, and for your sales cap. Our guide to cottage food labeling requirements covers what goes on the label in most states.
Georgia is the newest member of this group. Its agriculture department's page says House Bill 398, effective July 1, 2025, removed the state licensing requirement, and the department's own question-and-answer sheet says bakers no longer pay a licensing fee to the state. If an older article tells you Georgia bakers need a state cottage food license, it was written before that change.
Washington, Pennsylvania and North Carolina send an inspector into your home kitchen before you can sell, California does the same for its Class B permit, and Ohio does the same for its Home Bakery license. An inspection sounds scary, but the state pages spell out what the inspector checks, so you can get ready for every item on the list.
How the inspection states compare:
What inspectors look at is similar from state to state. North Carolina's page says the inspector checks that the kitchen is clean, built of suitable materials and free of pests, and that indoor pets count as pests. Ohio's page says no pets are permitted in the home. If you are on well water, expect to hand over a recent water test for Ohio's Home Bakery license and in Washington, North Carolina, New York and Georgia.
Our home kitchen inspection guide walks through the visit itself, from a two-week preparation timeline to the most common reasons home kitchens fail.
A home bakery can need up to 6 other filings besides the state food paperwork, starting with a local business license, zoning approval, a sales tax account and a food handler card. None of these comes with your cottage food registration, and the state food agency does not file them for you. Washington's $355 permit, for example, does not include the Master Business License the same state page tells you to get.
The layers to check, in the order most bakers run into them:
Our guide to the business license for cottage food goes layer by layer through each of these and why people mix them up. The short rule: the food license says your kitchen and products are allowed. The business license and tax account say your business is registered where you live.
You need a food handler card or a food safety course in 4 of the 10 states in this guide: Texas, Georgia, Washington and California. Each state names its own kind of course, so check which one yours accepts before you pay for one.
What each of those four states asks for:
In the other six states we checked, the state pages we read did not name a course requirement for shelf-stable baking. That can change, and counties sometimes add their own, so check again before you start. How to get a food handler's permit covers how the courses work, how long a card lasts and what it costs.
Sort the menu before you order labels. A baker with 12 products and 3 of them topped with cream cheese frosting should print labels for the 9 that are clearly allowed first, and add the other 3 only after the state page or the state office confirms them. A label run is the easiest money to waste in your first month.
Getting a home bakery licensed comes down to six steps, and in the five no-license states we checked, most of them are still worth doing. The order matters, because your menu decides which track you are on.
The cottage food permit walkthrough goes deeper on step five, including how long each kind of approval usually takes and the mistakes that slow it down.
A home bakery license costs between $0 and $355 in state fees across the 10 states on our list, with California's fee set by each county instead. The spread is wide, and the fee is only one of the costs of getting legal.
The state fees, from lowest to highest:
In the $0 states, the costs that do not show up on the fee line are the whole bill. A food handler course, a lab test for a frosting or a moist cake in North Carolina, a well water test in several states, label printing, and your city's business license all come out of your pocket. Washington also charges $125 for a second inspection if your first one is not satisfactory, so it pays to be ready for the first one. Adding products to a Washington permit between renewals costs another $105, and the Master Business License the permit requires carries a $50 Department of Revenue processing fee to open, plus any endorsement fees.
For every state's fee in one place, see our breakdown of cottage food license cost across all 50 states.
You outgrow home bakery rules when you pass your state's sales cap, want to sell something your state does not allow from home, or want to sell wholesale where your state only allows direct sales. At that point the usual next step is a licensed commercial kitchen, and Washington's law spells it out.
The three ways bakers usually hit the ceiling:
Moving up does not have to mean signing a lease. One common route is renting hours in a commissary kitchen, which is a shared commercial kitchen licensed for food production. Our guide to commissary kitchens for cottage food vendors covers what they cost and whether you need one yet.
The first sign you are close to a cap is usually your own records. Michigan asks you to keep sales records and show them to a state inspector on request, so a running monthly total is worth keeping in every state, capped or not.
Once your paperwork is in, the next problem is taking orders in a way that keeps you inside it: the right allergens on every listing, a record of every sale for your cap, and pickup at a time you choose. Homegrown is $10 a month billed annually ($12.50 billed monthly) with no percentage fees beyond standard payment processing of 2.9% + $0.30 per order, which the baker pays. It gives you one storefront link where customers see your menu, order and pay before bake day.
Compare that to taking orders through Instagram messages and Venmo, where your sales total lives across dozens of threads and payment apps, and ingredient questions get answered one message at a time. Square Online's Free plan costs $0 a month plus 3.3% + 30¢ on each online card payment, which is 96 cents on a $20 order. Homegrown costs $10 a month billed annually plus 2.9% + $0.30, which is 88 cents on the same order. With Square you still build the ordering setup yourself.
What Homegrown has that fits a licensed home bakery:
The honest bounds: Homegrown does not get you licensed, does not check whether a product is allowed in your state, and does not print labels. Customers create an account to place their first order. Your storefront is listed on the Homegrown marketplace, but plan on most orders coming from people you send to your own link.
The most common licensing mistake is checking the rules for the cake and not the frosting. Most of the other mistakes come from trusting an old chart or assuming a state approval covers more than it does.
The mistakes worth checking yourself for:
A registration can be lost, not just gained. New York's page says a Home Processor registration becomes void if you make or sell foods that are not allowed under the exemption. One cheesecake special can put the whole registration at risk, so keep refrigerated products off the menu unless your state has a license that covers them.
Experienced home bakers keep two menus: one for what their state allows from home, and a wish list for what would need a different license or a commercial kitchen. The wish list is not a failure. It is how they decide when a license upgrade or a kitchen rental is worth the money.
They also check their state's page once a year instead of once. Rules move fast. Georgia dropped its license in 2025, Texas raised its cap to $150,000 the same year, and California adjusts its caps every January. A baker who checked in 2023 and never again could be paying for a license that no longer exists, or selling above a cap that has since changed.
When they do add a refrigerated product in a state that allows it, like a Texas cheesecake after registering with the state, they treat it as its own product line. It gets its own label with the keep-refrigerated statement, its own pickup window so it does not sit out, and its own note in the listing so customers know it needs the fridge on the ride home.
Their order records usually do two jobs at once. A single running list of sales by month answers the state inspector in Michigan, the cap question in Washington and the tax question everywhere. If your orders already live in one place, that record builds itself. Set up your Homegrown storefront with your allowed menu and your pickup day, and every order lands in the same list.
It depends on your state. Five of the 10 states we looked at, including Texas and Florida, let you sell shelf-stable baked goods with no state license, while Washington and North Carolina inspect your kitchen first. The requirement also depends on what you bake, since cheesecake and cream pies fall outside the home baking rules in 8 of our 10 states.
It could be called a license, permit, registration or exemption. New York calls it a Home Processor registration, Washington a Cottage Food Permit, Pennsylvania a Limited Food Establishment registration, and Ohio has an actual Home Bakery license for refrigerated baked goods. Search your state's department of agriculture or health for "cottage food" to find the right name.
In some states. Ohio allows it under the $10-a-year Home Bakery license with an inspection, and Texas allows it after you register with the state health department and add a keep-refrigerated statement. New York and North Carolina do not allow cheesecake from a home kitchen.
In the 10 states we checked on September 29, 2026, state fees ran from $0 to $355, and California leaves its fee to each county. Seven of the 10 charge no state fee for shelf-stable baking: Ohio, Michigan, Georgia, Florida and Texas need no license at all, New York's registration is free, and North Carolina's page lists no fee. Ohio's Home Bakery license is $10 a year, Pennsylvania's registration is $35 a year, and Washington's permit is $355 for two years.
Often, yes. A state that skips the food license can still leave business licensing and zoning to your city or county, and Georgia's agriculture department says its 2025 law does not change those local requirements. Call your city clerk or county office before your first sale.
It does in some states. Washington, North Carolina and Pennsylvania inspect the kitchen before approval, and so does California for its Class B permit (its Class A registration has no inspection before you sell). Ohio inspects for its Home Bakery license. Inspectors check for a clean kitchen, no pests and, in Ohio and North Carolina, no pets in the home.
These guides cover the steps that come before and after the license question, from setting up your bakery to the state rules in two of the states above:
A license for a home bakery comes down to two lookups: your state's page, and your own menu held up against it. In half the states on our list, a baker with a shelf-stable menu needs no state license at all. In the others you are looking at a registration (free in New York, $35 a year in Pennsylvania, set by the county in California), a $355 Washington permit, or North Carolina's inspection with no permit. Washington, Pennsylvania, North Carolina and California's Class B permit all inspect before you sell. Add cheesecake in Ohio and you need the $10 Home Bakery license too.
Do the menu sort before anything else. Put every frosting and filling on the list, mark anything that needs the fridge, and read your state's list of allowed foods with that column in front of you. Then take the course if your state asks for one, file your paperwork, and call your city about the business license and zoning.
Once the paperwork is done, give your customers one place to order. Start your Homegrown storefront for your licensed home bakery, add the menu your state allows, set your pickup day, and send the link to the people who have been asking when they can buy your bread.
