Cottage Food Laws Explained: Can You Legally Sell Backyard Honey in Your State?

If you keep a few hives in your backyard and your honey jars are piling up faster than your family and neighbors can eat them, the next obvious question is whether you can sell the extra. Most new beekeepers assume honey works the same way as homemade jam or banana bread under their state's cottage food law. Then they look into it and find out it often does not.

Here is the short version: in many states, raw honey is treated as a raw agricultural product, not a cottage food item. That usually means fewer rules, not more. But fewer rules does not mean no rules. Labeling requirements, sales caps, registration steps, and inspection rules still vary a lot from state to state, and what is legal for a beekeeper in Texas can be flat-out wrong for one in California.

This guide breaks down what you need to know about how to sell honey legally. It breaks down the federal labeling rules that apply no matter where you live, what counts as legal for raw or homemade honey, and how five major states (Texas, Florida, Michigan, California, and Georgia) handle honey specifically. If you want a sense of what a finished, properly labeled product looks like once all of this is sorted out, browse our collection of local honey for examples.

What Is a Cottage Food Law (and Why Honey Is Often a Special Case)

A cottage food law is a state regulation that lets home producers make and sell certain low-risk, non-perishable foods without needing a commercial kitchen or a full food manufacturing license. These laws typically cover things like baked goods, jams, candies, and dried herbs.

Honey sometimes gets treated differently from those products. It is shelf-stable on its own, it does not support bacterial growth at normal moisture levels, and it does not need to be cooked or processed to be safe to eat. Because of that, many states classify honey as a raw agricultural product rather than a processed cottage food. Many customers specifically seek out honey in this unprocessed state, too; see our guide to raw and unfiltered honey benefits for what they are looking for and why.

This distinction matters for the rest of this article. When a state says honey is "exempt from cottage food law," it usually means honey is regulated separately, often under agriculture or apiary statutes, and often with a lighter touch. It does not mean honey is unregulated.

Cottage Food vs. Raw Agricultural Product: Why the Distinction Matters

A cottage food is a processed item made in a home kitchen under a state exemption. Honey is often treated as a raw agricultural product instead, because it requires no cooking or processing to be safe, which exempts it from many cottage food rules in the first place.

Here is what that split tends to look like in practice:

• Cottage food products: typically need specific labeling disclosures, may have annual sales caps, and sometimes require registration or a short food safety course.
• Raw agricultural products: often skip cottage food registration and kitchen inspection entirely, but can come with their own separate rules, such as apiary registration, honey grading standards, or gross sales thresholds.

So the practical takeaway is, do not stop at checking your state's cottage food statute. Check your state's agriculture or apiary regulations too, since honey can fall under either one, or both at once.

Federal Honey Labeling Rules Every Seller Must Follow

No matter which state you live in, federal labeling rules apply on top of whatever your state requires. At a minimum, every jar of honey you sell needs:

• Product identity: the word "Honey" or a more specific type, such as "Raw Wildflower Honey."
• Net weight: listed in both ounces or pounds and grams.
• Producer name and address: your name (or business name) and full street address.
• Ingredient statement: required even for pure honey, written as "Ingredients: Honey."

One detail that trips up a lot of new sellers is that honey is sold by weight, not volume. Because honey is denser than water, a jar that holds 12 fluid ounces of water will actually hold closer to 16 ounces of honey by weight. Always weigh your filled jars and label the net weight of the honey itself, not the volume the jar is rated to hold. If you want help converting between fluid ounces and actual weight, our guide on how much an ounce of honey weighs walks through the math.

A few more labeling rules worth knowing:

1. "Raw" honey claims: there is no official federal definition of "raw" honey. Most customers expect it to mean unheated and unfiltered, so only use the word if your product actually matches that expectation. For more on what separates the two, see our breakdown of the difference between raw and pure honey.

2. Certification language: do not use words like "certified," "registered," or "inspected" unless your product has actually gone through that certification, registration, or inspection.

3. Health claims: avoid them entirely. The FDA does not allow statements like "cures allergies" or "boosts immunity" on food labels, and that applies to honey just as much as anything else.

Legal Requirements for Selling Homemade or Unprocessed Honey

Across nearly every state, a handful of legal requirements apply no matter your state's specific cottage food classification. These requirements include accurate labeling, correct net weight, no false health claims, and business registration once your revenue crosses certain thresholds.

So is it legal to sell raw, unprocessed honey? In almost every U.S. state, yes. Raw honey's low moisture content and high sugar concentration make it naturally shelf-stable without any processing, which is exactly why so many states exempt it from the rules built for things like baked goods or canned vegetables.

That said, there are two different questions people often mix up:

Is my honey raw or unprocessed? 

This is about the production method. It is mostly unregulated, since unfiltered, unheated honey is not inherently riskier than processed honey from a food safety standpoint.

Am I selling homemade honey from my home or a small operation? 

This is about the sales channel and scale. This is what actually triggers cottage food rules or raw agricultural product rules, regardless of how the honey itself was handled.

In other words, raw honey is not automatically legal or illegal because it is raw. It is legal or illegal based on how you are selling it, how much you are selling, and whether you have met your state's specific requirements for home-based food sellers.

Here is a simple four-step process for how to sell honey legally, wherever you live:

1. Check your state's classification: find out whether your state treats honey as exempt from cottage food law, included in cottage food law, or regulated separately as an agricultural product.
2. Meet FDA labeling requirements: cover the basics outlined above on every jar, regardless of what your state does or does not require.
3. Confirm any sales cap or registration threshold: some states have no cap at all, others cap you at a specific dollar amount before you need a different kind of license.
4. Verify local and market-level rules: even if your state law is permissive, your county, city, or the farmers market you sell at may have its own requirements, like proof of insurance or a vendor permit.

State-by-State Cottage Food Laws for Honey Sellers

The following are the cottage food laws in five major US states:

1. Texas Cottage Food Law and Honey

Texas cottage food rules changed significantly in 2025. As of September 1, 2025, honey and other home-produced foods are governed by Senate Bill 541, administered through the Texas Department of State Health Services. Honey is not called out as a separate exemption; it falls under the general Cottage Food Production Operation (CFPO) framework, since it is not on the state's excluded foods list (meat, poultry, seafood, ice products, low-acid canned goods, CBD or THC products, and raw milk).

Key points for Texas sellers:

• Annual gross income cap: $150,000. Above that, a different type of food license is required.
• Required label disclosure: "THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION."
• Food safety training: operators must complete an accredited basic food handler training program.
• Registration: not required for most basic honey sellers, but it is required if you sell time and temperature control for safety (TCS) foods, if you want to use a registration number instead of your home address on the label, or if you are a "cottage food vendor" reselling on behalf of a producer.
• Wholesale: allowed for non-TCS foods like honey, but only to a registered cottage food vendor.

Because this is a recently updated law, it is important to confirm current details directly with the Texas Department of State Health Services before selling.

2. Florida Cottage Food Law and Honey

Florida explicitly includes honey under its cottage food law (Section 500.80, Florida Statutes). Small-scale producers selling under the cap do not need a food permit or inspection from the Florida Department of Agriculture and Consumer Services.

Key points for Florida sellers:

• Annual gross sales cap: $250,000. Above that, or if you sell wholesale or by consignment, a Food Establishment Permit is required.
• Required label disclosure: "Made in a cottage food operation that is not subject to Florida's food safety regulations," printed in at least 10-point type.
• Wholesale: not allowed under the cottage food exemption at any sales level.
• Self-harvested honey: raw honey sales are allowed only if you harvest the honey from your own hives and package it yourself. Buying bulk honey and repackaging it counts as a manufacturing process and requires a full FDACS food permit.
• Local rules: counties and cities cannot override the state cottage food exemption, but farmers market organizers may still require their own permits or insurance.

For the full rundown, see the Florida Department of Agriculture and Consumer Services' cottage food operations guidance.

3. Michigan Cottage Food Law and Honey

Honey and maple syrup do not fall under Michigan's general Cottage Food Law. They are governed by a separate exemption administered by the Michigan Department of Agriculture and Rural Development (MDARD).

Key points for Michigan sellers:

• Annual gross sales cap: $50,000 per product (honey and maple syrup are tracked separately, so you could sell $50,000 in honey and $50,000 in maple syrup in the same year), or up to $75,000 if one or more products are priced at $250 or more. A license is required above these limits.
• Required label disclosure: "Processed in a facility not inspected by the Michigan Department of Agriculture and Rural Development."
• Mode of selling: direct to consumers, or through a third party as long as that third party is a licensed retailer.
• Added ingredients: if you alter your pure honey with added ingredients, it becomes subject to the general Michigan Cottage Food Law instead of this separate exemption, and you should contact MDARD first to confirm the ingredients are acceptable.
• General cottage food cap (for comparison): Michigan's standard Cottage Food Law, which covers items like baked goods and jams, has a separate $25,000 annual cap. This does not apply to pure honey.

For full details, see Michigan State University Extension's guide. 

4. California Cottage Food Law and Honey

Honey is covered under California's standard Cottage Food Operation (CFO) program, the same Class A and Class B framework used for other home-kitchen foods. But California honey sellers also face a second, separate requirement tied specifically to beekeeping.

Key points for California sellers:

• Class A permit: for direct-to-consumer sales only, including farmers markets, festivals, and home sales. Current cap is $75,000 in gross annual sales.
• Class B permit: for direct and indirect sales, including wholesale to stores or restaurants. The current cap is $150,000 in gross annual sales, and wholesale sales must generally stay within your county unless another county allows it.
• CFO permit issuer: your local Environmental Health Department, not the County Agricultural Commissioner.
• Required label disclosure: "Made in a Home Kitchen" or "Repackaged in a Home Kitchen," printed in at least 12-point type, along with your registration number (Class A) or permit number (Class B).
• Separate apiary registration: regardless of your cottage food permit status, California law requires you to register your apiary with the County Agricultural Commissioner in the county where your bees are kept, under Food and Agriculture Code Section 29043. This is a beekeeping requirement, not a cottage food requirement, and it applies even if you only sell a few jars a year.

See the California Department of Public Health's Cottage Food Operations page for the Class A and Class B framework, and the County of Monterey's honey-specific guidance for how the apiary registration requirement fits alongside it.

5. Georgia Cottage Food Law and Honey

Honey does not appear on Georgia's list of approved cottage food products, which supports treating it as a separate category from Georgia's general cottage food rules rather than folding it into the same licensing path as baked goods or jams.

Georgia's cottage food rules themselves changed significantly on July 1, 2025, under House Bill 398:

• State license: eliminated. Georgia no longer requires the old state-issued Cottage Food License or its $100 annual fee for cottage food operators.
• Sales cap: none. Georgia has no statutory annual revenue limit for cottage food sales.
• Sales channels: direct-to-consumer sales, plus, as of HB 398, sales through third-party retailers like grocery stores, provided cottage food items are displayed in a separate, clearly labeled section.
• Food safety training: an ANSI-accredited Food Handler course is still required for operators.
• Honey specifically: beekeepers selling their own raw honey directly to consumers, at fairs, farmers markets, or from home, are generally understood to fall outside this cottage food licensing path. However, if honey is a meaningful part of your business, call the Georgia Department of Agriculture to confirm current requirements before you rely on this distinction.

See the Georgia Department of Agriculture's Cottage Food page for the current rules following House Bill 398.

Common Mistakes That Get Honey Sellers in Trouble

A few mistakes show up again and again among new honey sellers, and most of them are avoidable:

1. Assuming "exempt from cottage food law" means no regulation at all: it usually just means the rules live somewhere else, like your state's agriculture department.
2. Skipping FDA-required label elements: pure honey still needs an ingredient statement, net weight, and your address, even if the product feels too simple to need them.
3. Selling above a state's gross sales threshold: without registering or upgrading to a higher tier, which can turn a legal hobby into an unlicensed operation overnight.
4. Shipping honey across state lines under cottage food authority alone: cottage food laws do not cover interstate commerce. That falls under FDA jurisdiction (21 CFR Part 117) and typically requires a licensed commercial facility.
5. Using vague claims like "certified" or "organic": without the certification to back it up can lead to fines or forced relabeling.
6. Not knowing the signs of spoiled or fermented honey: properly stored honey rarely spoils, but high moisture content can lead to fermentation over time. If a batch ever looks or smells off, our guide on how to tell if honey is bad covers what to check before you sell it.

Conclusion

Selling backyard honey is legal almost everywhere in the United States, and in many states it comes with fewer hurdles than other home-based food businesses. The work is mostly in confirming which specific rules apply to you: your state's classification of honey, the federal labeling basics, any sales cap, and whatever your local market or county adds on top.

Getting the legal side right is only half the picture, though. Once your labeling and registration are sorted, the rest comes down to running things well: pricing your honey, choosing the right jars, and finding customers who keep coming back. Our honey business tips guide picks up where this article leaves off, covering that side of getting started. Get the legal basics right first, and you can sell your honey with confidence instead of guesswork.

Frequently Asked Questions

Are there any regulations I should know about when selling honey?

Yes, two layers apply no matter where you live. Federal rules require accurate labeling on every jar (product identity, net weight in both ounces and grams, your name and address, and an ingredient statement). State rules vary more, and honey is sometimes treated as a raw agricultural product exempt from cottage food law, sometimes folded into cottage food law directly, and sometimes governed by a completely separate honey-specific exemption with its own sales cap. Check both layers before you sell your first jar.

What are the legal requirements for selling honey?

At minimum, you need correct FDA-compliant labeling, an accurate net weight measured by weight rather than volume, no unapproved health claims, and compliance with whatever your state requires once your revenue crosses a certain threshold. Beyond that, requirements depend heavily on your state: some states require no permit at all for small-scale direct sales, while others require registration, a sales cap, or specific disclosure language on the label.

Is it legal to sell raw, unprocessed honey?

In almost every U.S. state, yes. Raw honey's low moisture content and high sugar concentration make it naturally shelf-stable without heating or filtering, which is exactly why many states exempt it from the stricter rules built for foods that do require processing. Legality depends less on whether the honey is raw and more on how and how much you are selling it, since that is what determines whether cottage food or agricultural product rules apply.

Do I need a license to sell honey from my backyard?

Often not, at least not at small scale. Many states let backyard beekeepers sell direct to consumers without a license, provided they stay under a sales cap and follow labeling rules. But "no license needed" usually means no license needed under a specific threshold, not no rules at all. Some states, like California, also require separate apiary registration regardless of your sales volume.

Can I sell honey across state lines or ship it online?

Within your own state, usually yes, subject to your state's rules on online and mail-order sales. Across state lines, generally no, at least not under cottage food or raw agricultural product exemptions. Interstate sales fall under FDA jurisdiction (21 CFR Part 117), which typically requires a licensed commercial facility rather than a home kitchen.