What can you sell?
Before you accept your first order, the most important question you need to answer is whether the product you're making can legally be sold under Louisiana cottage food law.
While Louisiana has one of the more flexible cottage food laws in the country, not every homemade food product qualifies. In this module, we'll break down the types of foods that may be sold from a home kitchen, foods that may not qualify, and common areas of confusion so you can build your menu with confidence before accepting your first customer.
Breakdown:
What Foods Can a Louisiana Cottage Baker Sell?
Louisiana cottage food law allows certain foods, referred to in the law as "low-risk foods," to be prepared in a home kitchen and sold directly to consumers.
According to Louisiana Revised Statute 40:4.9, low-risk foods are foods that generally present a lower risk of causing foodborne illness when properly prepared, handled, and stored. These foods are typically shelf-stable and do not contain meat, seafood, fish protein, or other ingredients that may require stricter regulation.
Examples of foods that may be sold under Louisiana cottage food law include:
Baked Goods
• Breads
• Dinner rolls
• Sweet breads
• Muffins
• Scones
• Cakes
• Cookies
• Brownies
• Blondies
• Biscotti
• Pies
Candies & Confections
• Pralines
• Fudge
• Brittle
• Toffee
• Hard candies
• Chocolate-covered treats
Preserved Foods
• Jams
• Jellies
• Preserves
• Fruit butters
Honey Products
• Honey
• Honeycomb products
Dry Goods
• Dry baking mixes
• Brownie mixes
• Cookie mixes
• Bread mixes
• Spice blends
• Seasoning blends
Other Allowed Foods Listed in the Law
• Syrups
• Pickled foods
• Acidified foods
• Certain sauces permitted by law
Louisiana's cottage food law is more flexible than many other states, which is one reason it is important to read the actual law rather than relying on information from another state or advice shared online.
It is also important to remember that just because a food falls into one of the categories above does not automatically mean every version of that food qualifies. Ingredients, fillings, preparation methods, and storage requirements can all affect whether a product qualifies under Louisiana cottage food law.
Reference:
Louisiana Revised Statute 40:4.9
https://legis.la.gov/legis/Law.aspx?d=98431
What Foods Can a Louisiana Cottage Baker NOT Sell?
While Louisiana has one of the more flexible cottage food laws in the country, there are still certain foods that are strictly prohibited from being prepared in a home kitchen and sold under the cottage food exemption.
The easiest way to remember these restrictions is this:
If a food contains meat, poultry, seafood, fish protein, or other animal muscle proteins, it does not qualify as a Louisiana cottage food product.
These foods require additional regulation because they have a significantly higher risk of supporting the growth of harmful bacteria that can cause foodborne illness.
Examples of Foods That Cannot Be Sold Under Louisiana Cottage Food Law:
Meat Products
• Beef products
• Pork products
• Bacon
• Sausage
• Ham
• Jerky containing meat
• Meat pies
• Meat-filled pastries
Poultry Products
• Chicken products
• Turkey products
• Duck products
• Poultry-filled pastries
• Chicken salad
Seafood Products
• Fish
• Shrimp
• Crawfish
• Crab
• Oysters
• Seafood dips
• Seafood-filled products
Foods Containing Fish Protein
• Tuna salad
• Salmon products
• Anchovy products
• Fish-based spreads
Prepared Meals & Hot Foods
• Gumbo
• Jambalaya
• Soups
• Stews
• Chili
• Cooked casseroles
• Hot meal plates
• Prepared lunches and dinners
Why Are These Foods Prohibited?
Many of these foods are considered Time/Temperature Control for Safety (TCS) foods, often referred to as temperature-sensitive foods.
These foods can support the rapid growth of harmful bacteria if they are not stored, transported, cooked, cooled, or reheated properly.
Food safety professionals often refer to the Temperature Danger Zone, which is generally between 41°F and 135°F.
When certain foods remain within this temperature range for extended periods of time, bacteria can multiply rapidly and increase the risk of foodborne illness.
Because these foods carry a greater food safety risk, they typically require stricter oversight, inspections, equipment requirements, and food safety controls than are required under Louisiana cottage food law.
How Can You Identify an Absolute "No"?
Before adding a product to your menu, ask yourself:
• Does it contain meat?
• Does it contain poultry?
• Does it contain seafood?
• Does it contain fish protein?
• Is it intended to be sold as a prepared meal or hot food item?
If the answer is yes, the product does not qualify under Louisiana's cottage food exemption and should not be sold from a home kitchen under cottage food law.
When In Doubt, Verify.
If you are unsure whether a product qualifies, do not rely on social media, Facebook groups, or what another baker may be selling.
Always verify the law yourself and consult the appropriate agencies when necessary.
Remember: just because someone else is selling a product does not mean it is legal under cottage food law.
Reference
Louisiana Revised Statute 40:4.9
https://legis.la.gov/legis/Law.aspx?d=98431
Foods That Require Additional Research
Not every food falls neatly into the "allowed" or "not allowed" category.
Some foods can create confusion because they may contain ingredients that are commonly associated with temperature-sensitive foods, refrigeration requirements, or food safety concerns. These foods often require additional research before a cottage baker should offer them for sale.
If you are unsure whether a product qualifies under Louisiana cottage food law, contact the Louisiana Department of Health, Bureau of Sanitarian Services, before adding it to your menu.
Common Foods That Frequently Cause Confusion
Cheesecakes
• Traditional cheesecakes
• Mini cheesecakes
• Flavored cheesecakes
• Cheesecake bars
Cream-Filled Bakery Products
• Cream-filled cakes
• Cream-filled pastries
• Cream-filled donuts
• Cream-filled cupcakes
Custard-Based Products
• Custard pies
• Custard-filled pastries
• Bakery products containing cooked custard fillings
Dairy-Based Desserts
• Cream cheese frostings
• Mascarpone-based fillings
• Whipped cream desserts
• Mousse-based desserts
Egg-Based Fillings and Toppings
• Certain pie fillings
• Some bakery creams
• Egg-rich dessert fillings
Specialty Bakery Products
• Products requiring refrigeration
• Products requiring temperature control during transport
• Products with short shelf lives
• Products containing multiple dairy-based fillings
Why These Foods Require Additional Research
Many of these foods contain ingredients that may support the growth of harmful bacteria if they are not prepared, stored, transported, or handled properly.
Food safety professionals often refer to these foods as Time/Temperature Control for Safety (TCS) foods, also known as temperature-sensitive foods.
These foods may require refrigeration, special handling procedures, or additional food safety considerations.
This does NOT automatically mean the food is prohibited.
It simply means the product should be researched and verified before it is sold.
The Cheesecake Example
Cheesecake is one of the most commonly asked-about products among cottage bakers.
Many bakers assume cheesecakes are automatically prohibited because they require refrigeration.
However, Louisiana's cottage food law is more flexible than many other states and specifically addresses certain cream-filled and custard-filled bakery products.
Because of this, a baker should never assume:
• "It requires refrigeration, so it must be illegal."
Or:
• "Someone else is selling it, so it must be legal."
Instead, the correct approach is:
• Read the law carefully.
• Verify the product qualifies.
• Review any applicable handling requirements.
• Contact the appropriate agency if you are unsure.
another baker selling it. That baker may be operating from a licensed commercial kitchen, may have additional permits, or may be operating under entirely different regulations.
When in doubt, verify before you sell.
Who Should I Contact If I'm Unsure About a Food Product?
If you are unsure whether a particular food qualifies under Louisiana cottage food law, your best source of information is the Louisiana Department of Health.
While the law provides a list of low-risk foods that may be prepared and sold from a home kitchen, some products can fall into gray areas depending on their ingredients, preparation methods, storage requirements, and food safety risks.
Before investing time and money into a product, it is always better to ask questions first rather than assume a product qualifies.
Louisiana Department of Health
Bureau of Sanitarian Services
Phone: (225) 342-7550
Website:
https://ldh.la.gov/bureau-of-sanitarian-services/food-safety
Remember: Never assume a product is legal simply because another baker is selling it. That baker may be operating from a licensed commercial kitchen, may have additional permits, or may not be operating under cottage food law at all.
When in doubt, verify before you sell.
What Happens If You Don't Follow Louisiana Cottage Food Law?
Many people assume cottage food laws are simply suggestions or recommendations.
They are not.
Louisiana's cottage food law is a legal exemption that allows certain foods to be prepared and sold from a home kitchen without meeting all of the requirements imposed on commercial food establishments.
If you stay within the law, you may qualify for that exemption.
If you operate outside of the law, you may lose the protections that the exemption provides.
Potential Consequences of Operating Outside Cottage Food Law
Depending on the situation, consequences may include:
• Being ordered to stop selling certain products
• Being required to discontinue operations until you become compliant
• Investigation by the appropriate regulatory agencies
• Being required to move production into a licensed commercial kitchen
• Potential tax-related issues if business registrations and tax requirements have not been properly handled
• Loss of customer trust and damage to your business reputation
• Potential legal liability if a customer becomes ill from a product
How Are Violations Usually Discovered?
Many people assume the government is actively searching for home bakers.
In reality, most issues come to light because:
• A customer files a complaint
• Someone reports the business
• A competitor reports a concern
• A customer becomes sick
• A social media post attracts attention
• A food safety issue is brought to the attention of regulators
Why Food Laws Exist
Food laws are not designed to make it harder for people to start a business.
Their purpose is to protect consumers from unsafe food practices and reduce the risk of foodborne illness.
Foods containing meat, poultry, seafood, fish protein, and other higher-risk ingredients generally require more oversight because they can support rapid bacterial growth if not handled properly.
The Good News
Louisiana has one of the more flexible cottage food laws in the country.
Most bakers can avoid problems by doing three simple things:
-
Verify that the food they want to sell qualifies under Louisiana law.
-
Follow the requirements that apply to their products.
-
Ask questions when they are unsure.
If a product falls into a gray area, it is always easier and less expensive to verify first than it is to correct a problem later.
When in doubt, contact the Louisiana Department of Health, Bureau of Sanitarian Services, before adding a product to your menu.
Reference
Louisiana Revised Statute 40:4.9
https://legis.la.gov/legis/Law.aspx?d=98431
Louisiana Department of Health
https://ldh.la.gov/bureau-of-sanitarian-services/food-safety
Disclaimer: The information provided on this page is intended for general educational and informational purposes only and should not be considered legal, tax, financial, or professional advice. While every effort has been made to reference official government resources and provide accurate information regarding Louisiana cottage food laws and business practices, laws and regulations can change and may be interpreted differently by various agencies or professionals.
The content on this page reflects personal research, experience, and interpretation of publicly available resources. No guarantees are made regarding the accuracy, completeness, or current validity of the information provided. By using this resource, you acknowledge that you are solely responsible for verifying all laws, regulations, licensing requirements, tax obligations, and business decisions with the appropriate government agencies, licensed CPA, attorney, or other qualified professional.
It is strongly recommended that you consult directly with the Louisiana Department of Health, Louisiana Department of Revenue, a licensed CPA, and/or a qualified business attorney before making legal, financial, or business decisions related to your cottage food operation.