What is Arizona’s Cottage Food Law & How Does It Work?

** In March 2024, Governor Hobbs signed HB2042 into law, expanding the range of foods that can be produced under Arizona’s food cottage law. **

Read about the 2024 expanded cottage food law

Arizona’s “cottage food law” has attracted national attention as state lawmakers seek to loosen restrictions on selling homemade food.

House Bill 2509 passed with wide bipartisan support to expand the types of food Arizona entrepreneurs would be able to produce in their home kitchens. This includes goods that need to be refrigerated, such as dairy-based desserts, salsa, and tamales. Proponents said the changes would allow more families to make money on the side and enable small business owners to launch food brands with lower upfront costs.

However, the governor vetoed the measure, citing food safety and public health concerns. It remains to be seen whether the Arizona State Legislature will override the veto or potentially seek a compromise.

Here’s what Arizona’s cottage food law currently allows:

Arizona Cottage Food Laws allows individuals to sell homemade products without regulation from the health department, as long as produced food is not potentially hazardous or requires Time or Temperature Control for Safety (TCS). A list of allowable foods and requirements under the Cottage Food Law are available on the Arizona Department of Health Services (ADHS) website.

In 2011, Arizona State Legislature changed the law to allow residents to produce non-potentially hazardous baked goods and confectionery products in their homes and offer them for commercial sale within the state.

In March 2024, Governor Hobbs signed into law House Bill 2042, which broadly expanded the foods that can be produced under the Cottage Food Law, including perishable foods. Changes will go into effect in September 2024, but we are awaiting more specific rules about how the new law will be implemented.

What Products Can or Can’t Be Sold Under the Cottage Food Law

Some examples of products that are permissible under the Cottage Food Law include:

Tortillas
Honey

Bread
Cookies
Dry pasta
Roasted nuts
Popcorn
Granola
Cakes with hard icing and frosting

Prohibited products under the current Cottage Food Law:

Foods Requiring Refrigeration
Perishable Baked Goods
Salsa
Nut butters
Cheesecake
Tamales
Cakes with custard fillings
Dehydrated food and vegetables
Fermented and Pickled Foods
Meat, Fish, and Shellfish Products

**In March 2024, Governor Hobbs signed HB2042 into law, expanding the range of foods that can be produced under the food cottage law. We are awaiting further guidance on how this will be implemented. We will update the page as soon as rules are released.**

Additional Info

How The Cottage Food Program Works

The Cottage Food Law allows micro- and start-up entrepreneurs to begin on a very simple level—from their own home. This is a great way to test a food business concept, build a client base, and grow a brand before stepping into a commercial space without added financial obligations. As new businesses grow and expand, they often find that a commercial kitchen space is desirable in order to maintain a work-life balance, to accommodate growing storage needs for ingredients, and for scalability of batch cooking (Already doing Cottage foods and looking to expand? Learn more about Local First Arizona’s Community Kitchen Program: here).

There are also some requirements in order to get an Arizona Cottage Food license:

Register with the program on the ADHS website
Complete a food handler training course from an accredited program and maintain active certification.
Follow food preparation guidelines. These include: proper handwashing; working on smooth, easy-to-clean food and contact surfaces; all garbage must be disposed of properly, as well as the disposal of fats, oils, and grease; and pets and kids must be kept out of the preparation area.
Label products according to requirements under the Cottage Food law. These include listing the name and number of the food preparer, list of ingredients in the product, production date, and the following statement: “This product was produced in a home kitchen that may process common food allergens and is not subject to public health inspection,”