Rhode Island Cottage Food Law: Registration, Labeling, and Sales Cap

Under the Rhode Island cottage food law (R.I. Gen. Laws § 21-27-6.2), any resident can make and sell certain shelf-stable foods from a home kitchen after registering with the Rhode Island Department of Health, paying a $65 annual fee, and agreeing to a $50,000 cap on gross yearly sales. You sell directly to consumers inside Rhode Island, you label every product with specific disclosures, and you stay within a defined list of low-risk foods.¹

What You Can Make

The statute limits cottage food to products that stay safe at room temperature. Double-crust pies, yeast breads, biscuits, brownies, cookies, muffins, and cakes are all on the approved list. So are jams, jellies, preserves, dried herbs, and spices.¹

Anything that needs refrigeration is out. No cream-filled pastries, no cheesecakes, no custards. Meat, poultry, and dairy-heavy products are not allowed. Acidified foods such as pickles and salsa are excluded entirely because of the botulism risk when they are not processed in a controlled commercial environment.¹

Where You Can Sell

Your registration lets you sell directly to consumers through pickup or delivery anywhere in Rhode Island. That is the baseline right.¹

Farmers’ markets and temporary events like festivals are a different story. To sell at those venues, you need a separate retail food peddler license from the Department of Health. One license covers all farmers’ markets and temporary events statewide for the year.²

The peddler license costs $100 at full price, prorated based on when you apply during the licensing cycle. Applications between January and March cost $75; between April and July, $50. The license expires each September 30.³

Wholesale is not an option under either license. You cannot sell cottage food to grocery stores or any third-party retailer. The sale has to run from you to the person who will eat the food.

Kitchen and Operational Requirements

Your home kitchen has to meet specific physical standards before you can register. You need either a two-compartment sink or a dishwasher that reaches 150°F on the final rinse and dry cycle, plus a separate single-compartment sink. Drain boards and countertops used for food preparation must be made of a nonabsorbent, chip-resistant material such as stainless steel or Formica. Any bathroom that opens directly into the kitchen must have a self-closing door. If your home runs on a private well, the water must be tested once a year.¹

The Department of Health specifies that the well water test must check for total coliform, E. coli, and nitrates, and the results have to come in with your application.⁴

If your home kitchen won’t meet those standards, there’s a workaround. The statute lets you use a licensed commercial kitchen you lease or rent, provided you keep records of the dates you used it and transport your ingredients safely.¹

While cottage food production is happening, several rules change how you can use the rest of your kitchen. Pets stay out of food preparation and storage areas at all times. You cannot cook personal meals on the same facilities during production. If there’s a laundry machine in the kitchen, it can’t run while you’re producing. Garbage goes in covered containers and leaves the kitchen each day you produce food. You also have to keep written recipes for every product on hand, with ingredients, quantities, and processing procedures listed, available if the health department asks to see them.¹

How to Register

Before you apply, you need to gather four things:

Proof you completed an ANSI-approved food handler course, a food safety manager certification, or another course accepted by the Department of Health. ServSafe is one option but not the only one.⁴
Well water test results, if applicable, dated within the past year and covering total coliform, E. coli, and nitrates.
A full list of every product you plan to sell, with draft labels that meet the disclosure rules below.
A notarized affidavit confirming your kitchen and operations meet the statute’s requirements. The Department of Health provides the form.

Mail the completed application, your supporting documents, and a $65 fee to the Center for Food Protection, 3 Capitol Hill, Room 203, Providence, RI 02908-5097. Pay by check or money order made out to “General Treasurer, State of Rhode Island.”⁵

Once approved, keep your registration certificate and a copy of your affidavit in the kitchen where you produce. The statute requires both on-site. Registration renews annually, and the $65 fee applies each year.¹

Labeling Your Products

Every cottage food product has to carry a label with four pieces of information:

Your name, address, and phone number.
Ingredients, listed in descending order by weight or volume.
Any of the nine major federal allergens present in the product. Those are milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soybeans, and sesame.⁶
This statement, in at least 10-point type with clear contrast against the background: “Made by a Cottage Food Business Registrant That is Not Subject to Routine Government Food Safety Inspection.”

⁴

The disclaimer requirement is waived if you produced the food in a licensed commercial kitchen rather than at home.

The $50,000 Sales Cap

Cottage food operations cannot exceed $50,000 in gross annual sales per calendar year. Cross that line and the statute gives you two choices: get a food processor license and move into a licensed facility, or stop selling. No grace period, no warning tier.¹

The director of health can ask for documentation to verify your sales at any time, so keep detailed records of every transaction throughout the year, including cash sales. Bank deposits alone won’t cover you if a review comes.

No Interstate Shipping, No Mail Order Out of State

Your cottage food registration is a Rhode Island exemption. The moment food crosses into another state, it becomes interstate commerce regulated by the FDA under the Federal Food, Drug, and Cosmetic Act, and the FDA does not recognize state cottage food exemptions. Shipping cottage food out of state puts you in the position of an unlicensed food manufacturer distributing unregulated products in federal eyes.⁷

If you want to sell online beyond Rhode Island or ship anywhere outside the state, you need to operate as a licensed food business rather than relying on cottage food registration.

If You’re a Farmer, a Different Statute Applies

Rhode Island has a separate track for farmers producing food in a kitchen on a farm, under § 21-27-6.1. That track allows a broader product list, including acidified foods like vinegars made from locally grown ingredients, maple syrup from trees on the farm or within a 20-mile radius, and candies and fudges. Farmers can sell at farmers’ markets, farm stands, and other farmer-operated outlets without a separate peddler license, and there is no explicit statutory sales cap. If your kitchen is on a farm, look at § 21-27-6.1 rather than the cottage food statute.⁸

Taxes, Insurance, and Local Rules

Cottage food income is self-employment income to the IRS no matter how small your operation is. You report revenue and expenses on Schedule C (Form 1040), and typical deductions include ingredients, packaging, market booth fees, and delivery mileage.⁹ If your net profit hits $400 or more in a year, you also owe self-employment tax at 15.3% on Schedule SE.¹⁰ Expect to make quarterly estimated payments if you’ll owe $1,000 or more for the year. A home office deduction may also apply if part of your home is used exclusively and regularly for the business; the simplified method is $5 per square foot up to 300 square feet.¹¹

Rhode Island does not require cottage food producers to carry product liability insurance. Most homeowner’s policies exclude business activities, so if a customer gets sick and files a claim, your personal assets are what’s on the line. Food-specific liability policies for small home producers generally start around $300 a year, varying with sales volume and coverage.

Your state registration also does not override local zoning or homeowner association rules. Many municipalities regulate home occupations, limiting traffic, signage, or deliveries from residential properties, and some HOA covenants prohibit running a business from the home. Check your local zoning office and any HOA or lease terms before you spend money on fees and training.

1
Rhode Island General Assembly. Rhode Island Code 21-27-6.2 – Cottage Food Manufacture
2
Rhode Island Department of Health. Cottage Foods
3
Rhode Island Department of Health. Retail Food Peddler License
4
Rhode Island Department of Health. Frequently Asked Questions About Cottage Food Manufacturing in Rhode Island
5
Rhode Island Department of Health. Registration and Instructions for Cottage Food Manufacture
6
Office of the Law Revision Counsel. 21 USC 343 – Misbranded Food
7
U.S. Food and Drug Administration. How to Start a Food Business
8
Rhode Island General Assembly. Rhode Island Code 21-27-6.1 – Farm Home Food Manufacture
9
Internal Revenue Service. Schedule C and Schedule SE
10
Internal Revenue Service. Topic No. 554, Self-Employment Tax
11
Internal Revenue Service. Topic No. 509, Business Use of Home