Home Consumption and Homemade Food Act
Regulatory Services
The Home Consumption and Homemade Food Act is separate and serves as an alternative to the Cottage Food Law for those who want to produce food from their home kitchen. It allows an individual with a business license to sell certain homemade foods without the seller needing to be registered with UDAF. Foods produced under the Home Consumption and Homemade Food Act face more restrictions on how and where they can be sold compared to foods made with a Cottage Food registration.
Foods NOT allowed for sale under the Home Consumption and Homemade Food Act
- Meat*
- Food products containing meat*
- Raw (unpasteurized) dairy products
*Some exemptions exist for poultry and rabbit meat
Selling foods made under the Home Consumption and Homemade Food Act
- Products may only be sold within Utah
- Products must be sold in-person, directly to the final end consumer at a prearranged or agreed upon location only for their personal or home consumption
- Products are not for resale (products cannot be sold to retail stores or restaurants)
- Products must meet labeling requirements including a disclaimer stating “Not for Resale – Processed and prepared without the benefit of state or local inspection” AND an allergen list
- If selling at a farmers market, the only locations where products made under the Home Consumption and Homemade Food Act can be displayed and offered for sale are:
- at a direct-to-sale farmers market OR
- in a separate market section specifically displaying signs that read, “Food items offered for sale in this section of the farmers market are homemade and have not been certified, licensed, regulated or inspected by state or local authorities.”
Market Resources
Additional Resources from Partner Organizations
Production Resources
USU Extension FoodBiz provides essential guidance on product development, ensuring compliance with FDA labeling requirements, creating accurate nutrition facts panels, and conducting product testing.
FRAME: Fundamental Resources for Agricultural Micro-entrepreneurs
For more help planning a new business, you can check out these resources provided by USU Extension and read their guidebooks, particularly the one on Home-Based Food Business.
Home Consumption and Homemade Food Act Code and Administrative Rules
| Name | URL | More info | Category |
|---|---|---|---|
| Utah Aquaculture Act | Utah Code Annotated: Title 4, Chapter 37 | Aquaculture | |
| Utah Aquaculture and Aquatic Animal Health Rule | R58-17 | Aquaculture | |
| Utah Administrative Rule on Commercial Harvesting of Brine Shrimp and Brine Shrimp Eggs | R657-52 | Aquaculture | |
| Utah Administrative Rule on Amphibian and Reptile Collection, Importation, Transportation and Possession | R657-53 | Aquaculture | |
| Compliance Procedures | R58-19 | Aquaculture | |
| Utah Commercial Feed Act | Utah Code Annotated: Title 4, Chapter 12 | Feed | |
| Utah Commercial Feed Act Governing Feed | Feed Rule R68-2 | Feed | |
| Compliance Procedures | R68-19 | Feed, Fertilizer, Grain, Noxious Weeds, Nursery, Seed Lab | |
| Beef Promotion | Utah Code Annotated, Title 4, Chapter 21 | Brand Inspection and Registration | |
| Estraying and Trespassing Animals | Utah Code Annotated: Title 4, Chapter 25 | Brand Inspection and Registration | |
| Utah Livestock Brand and Anti-Theft Act | (Utah Code Annotated: Title 4, Chapter 24 | Brand Inspection and Registration | |
| Dead Animals – Enclosures and Fences | Utah Code Annotated: Title 4, Chapter 31, Section 102 and 103 | Brand Inspection and Registration | |
| Cottage Food Production Operations | Utah Code Annotated: Title 4, Chapter 5, Section 9.5 | Cottage Food | |
| Inspection and Regulation of Cottage Food Production Operations | R70-560 | Cottage Food | |
| Cottage Food Labeling | R70-560-6 | Cottage Food | |
| Utah Dairy Act | Utah Code Annotated: Title 4, Chapter 3 | Dairy | |
| Dairy Promotion Act | Utah Code Annotated: Title 4, Chapter 22 | Dairy | |
| Compliance Procedures | R70-201 | Dairy, Cottage Food, Food Safety and Compliance, Retail Food | |
| Grade A Pasteurized Milk | R70-310 | Dairy | |
| Minimum Standards for Milk for Manufacturing Purposes, its Production and Processing | R70-320 | Dairy | |
| Ice Cream and Frozen Dairy Foods Standards | R70-350 | Dairy | |
| Procedure for Obtaining a License to Test Milk for Payment | R70-360 | Dairy | |
| Butter | R70-370 | Dairy | |
| Grade A Condensed and Dry Milk Products and Condensed and Dry Whey | R70-380 | Dairy | |
| Eggs | Utah Code Annotated Title 4, Chapter 4, Section 101 | Eggs | |
| Grading and Inspection of Small Shell Egg Producers | R70-410 | Eggs | |
| Production, Storage, and Transportation of Shell Eggs | Title 21 CFR Chapter 1, Part 118 | Eggs | |
| Guidance for Determining Whether a Poultry Slaughter or Processing Operation is Exempt from Inspection Requirements of the Poultry Products Inspection Act | https://www.fsis.usda.gov/guidelines/2006-0001 | FSIS-GD-2006-0001 | Poultry |
| Records required to be kept as a small poultry producer | Title 9 CFR 381.175 | Poultry | |
| Slaughter of Livestock and Poultry | R58-11 | Poultry | |
| Utah Wholesome Food Act | http://le.utah.gov/xcode/Title4/Chapter5/4-5.html | Utah Code Annotated: Title 4, Chapter 5 | Food Safety and Compliance, Retail Food |
| Charitable Donation of Food | Utah Code Annotated: Title 4, Chapter 34 | Food Safety and Compliance | |
| Food Establishment Registration | R70-540 | Food Safety and Compliance, Retail Food | |
| Food Protection Rule | R70-530 | Food Safety and Compliance, Retail Food | |
| Uniform Retail Wheat Standards of Identity | R70-610 | Food Safety and Compliance | |
| Water Vending Machine | R70-630 | Food Safety and Compliance | |
| Federal Regulations for Acidified and Low-Acid Canned Foods | Title 21 CFR 108, 110, 113, 114 | Food Safety and Compliance | |
| FDA Food Code | Federal Code | Food Safety and Compliance, Retail Food | |
| Home Consumption and Homemade Food Act Definitions | Utah Code Annotated: Title 4, Chapter 5a, Section 102 | Home Consumption and Homemade Food Act | |
| Regulation of a direct-to-sale farmers market | Utah Code Annotated: Title 4, Chapter 5a, Section 103 | Home Consumption and Homemade Food Act | |
| Home Consumption and Homemade Food Act Labeling | Utah Code Annotated: Title 4, Chapter 5a, Section 104 | Home Consumption and Homemade Food Act | |
| Home producer direct sales – Exempt from regulation | Utah Code Annotated: Title 4, Chapter 5a, Section 104 | Home Consumption and Homemade Food Act | |
| Limitations of the Home Consumption and Homemade Food Act | Utah Code Annotated: Title 4, Chapter 5a, Section 105 | Home Consumption and Homemade Food Act | |
| Direct-to-Sale Farmers Market Signage | R70-570 | Cottage Food, Food Safety and Compliance, Retail Food | |
| Utah Plant Food Act | Utah Code Annotated: Title 4, Chapter 13 | Fertilizer | |
| Utah Plant Food Rule | https://adminrules.utah.gov/public/rule/R68-3/Current%20Rules? | Fertilizer Rule R68-3 | Fertilizer |
| Grain Inspection | https://adminrules.utah.gov/public/rule/R68-5/Current%20Rules? | Grain Rule R68-5 | Grain |
| Quarantine Pertaining to Karnal Bunt | https://adminrules.utah.gov/public/rule/R68-18/Current%20Rules? | Grain Rule R68-18 | Grain, Insect and Pest |
| Domesticated Elk Act | Utah Code Annotated: Title 4, Chapter 39 | Domesticated Elk | |
| Elk Farming | R58-18 | Domesticated Elk | |
| Weights and Measures | http://le.utah.gov/UtahCode/section.jsp?code=4-9 | Utah Code Annotated: Title 4, Chapter 9 | Weights and Measures, Scales |
| Motor Fuel Inspection Act | Utah Code Annotated: Title 4, Chapter 33 | Weights and Measures | |
| Registration of Servicemen for Commercial Weighing and Measuring Devices | R70-910 | Weights and Measures | |
| Standards and Testing of Motor Fuel | R70-940 | Weights and Measures | |
| Weights and Measures Fee Registration | R70-960 | Weights and Measures | |
| Utah Noxious Weed Act | https://le.utah.gov/xcode/code.html | Utah Code Annotated: Title 4, Chapter 17 | Noxious Weeds |
| Noxious Weed Rule | https://adminrules.utah.gov/public/rule/R68-9/Current%20Rules? | R68-9 | Noxious Weeds |
| Utah Meat and Poultry Products Inspection and Licensing Act | http://le.utah.gov/xcode/Title4/Chapter32/4-32.html | Utah Code Annotated: Title 4, Chapter 32 | Meat Inspection |
| Slaughter of Livestock and Poultry | R58-11 | Meat Inspection | |
| Utah Nursery Act | Utah Code Annotated: Title 4, Chapter 15 | Nursery | |
| Agricultural Fair Trade Act | https://le.utah.gov/xcode/Title4/Chapter8/C4-8_2017050920170701.pdf | Utah Code Annotated: Title 4, Chapter 8 | Nursery |
| Utah Nursery Rule | https://adminrules.utah.gov/public/rule/R68-6/Current%20Rules | R68-6 | Nursery |
| Food Labeling: Code of Federal Regulations (21 CFR 101) | 21 CFR 101 | Commercial Food Labeling | |
| FDA Labeling Guidelines | Guidance for Industry: Food Labeling Guide | Commercial Food Labeling | |
| Emerald Ash Borer (EAB quarantine) | R68-11 | Insect and Pest | |
| European Corn Borer Quarantine | https://adminrules.utah.gov/public/rule/R68-10/Current%20Rules?searchText=undefined | R68-10 | Insect and Pest |
| Spongy Moth | https://adminrules.utah.gov/public/rule/R68-14/Current%20Rules?searchText=undefined | R68-14 | Insect and Pest |
| Japanese Beetle | https://adminrules.utah.gov/public/rule/R68-15/Current%20Rules?searchText=undefined | R68-15 | Insect and Pest |
| Utah Firewood Quarantine | https://adminrules.utah.gov/public/rule/R68-23/Current%20Rules?searchText=undefined | R68-23 | Insect and Pest |
| Utah Seed Act | https://le.utah.gov/xcode/Title4/Chapter16/4-16.html?v=C4-16_1800010118000101 | Utah Code Annotated, Title 4 Chapter 16 | Seed Lab |
| Utah Seed Rule | https://adminrules.utah.gov/public/rule/R68-8/Current%20Rules? | Administrative Rule R68-8 | Seed Lab |
| Utah Bee Inspection Act | https://le.utah.gov/xcode/Title4/Chapter11/4-11.html | Title 4 Chapter 11 | Apiary and Beekeeping |
| Bee Inspection Act Rules | https://adminrules.utah.gov/public/rule/R68-1/Current%20Rules? | R68-1 | Apiary and Beekeeping |
| Beekeeping Standards | https://adminrules.utah.gov/public/rule/R68-21/Current%20Rules | R68-21 | Apiary and Beekeeping |
| Utah Dairy Act, Raw Milk | Utah Code Annotated: Title 4, Chapter 3-6 | Raw Milk | |
| Utah Dairy Act, Special Programs, Cow share program notification | Utah Code Annotated: Title 4, Chapter 3-501 | Raw Milk | |
| Utah Horse Regulation Act | Utah Code Annotated: Title 4, Chapter 38 | Horse Racing | |
| Utah Horse Racing Rules | R52-7 Helpful Study Guide for Trainer’s Test | Horse Racing | |
| Bedding, Upholstered Furniture, and Quilted Clothing Act | Utah Code Annotated: Title 4, Chapter 10 | Bedding Upholstered Furniture and Quilted Clothing | |
| Compliance Procedures | R70-201 | Cottage Food, Dairy, Food Safety and Compliance, Manufactured Food, Retail Food, Weights and Measures | |
| Bedding, Upholstered Furniture, and Quilted Clothing | R70-101 | Bedding Upholstered Furniture and Quilted Clothing | |
| Rules and Regulations Under the Textile Fiber Products Identification Act | http://www.law.cornell.edu/cfr/text/16/part-303 | 16 CFR Part 303 | Bedding Upholstered Furniture and Quilted Clothing |
| Utah Organic Standards | https://adminrules.utah.gov/public/rule/R68-20/Current%20Rules? | R68-20 | Organic Program |
| Industrial Hemp Program - Cannabinoid Product Processors | R66-30 | Industrial Hemp | |
| Industrial Hemp Cannabinoid Product Testing | R66-31 | Industrial Hemp | |
| Industrial Hemp Testing Laboratory | R66-32 | Industrial Hemp | |
| Industrial Hemp Producer Registration | R66-33 | Industrial Hemp | |
| Industrial Hemp Retailer Permit | R66-34 | Industrial Hemp | |
| Cannabinoid Product Registration and Labeling | R66-35 | Industrial Hemp | |
| Transport of Transportable Industrial Hemp Concentrate | R66-36 | Industrial Hemp | |
| All Current Utah Hemp Rules | Agriculture and Food + Health and Human Service Rules | Industrial Hemp | |
| Veterinary Practice Act | https://le.utah.gov/xcode/Title58/Chapter28/58-28-S102.html | Title 58, Chapter 28 | Apiary and Beekeeping |
| Utah's Cannabis Production Establishments | Utah Code Annotated: Title 4, Chapter 41a | Medical Cannabis | |
| Labeling and Child Resistant Packaging | Utah Code Annotated: Title 4, Chapter 41a-602 | Medical Cannabis | |
| Labeling and Packaging of Cannabis and Cannabis Product | R66-2-13 | Medical Cannabis | |
| Cannabis Cultivation Rule | R66-1 | Medical Cannabis | |
| Cannabis Processing Rule | R66-2 | Medical Cannabis | |
| Quality assurance testing | R66-3 | Medical Cannabis | |
| Independent Cannabis Testing Laboratory Rule | R66-4 | Medical Cannabis | |
| Cannabis Pharmacy Rule | R66-5 | Medical Cannabis | |
| Home Delivery and Courier Rule | R66-6 | Medical Cannabis | |
| Educational Events and Educational Materials Rules | R66-7 | Medical Cannabis | |
| Academic Medical Cannabis Research | R66-8 | Medical Cannabis | |
| Cannabis Licensing Process Rule | R66-9 | Medical Cannabis | |
| Closed-Door Medical Cannabis Pharmacy | R66-10 | Medical Cannabis | |
| Compliance Procedures | R66-29 | Medical Cannabis | |
| Medical Cannabis Regulation Amendments | https://le.utah.gov/~2023/bills/static/SB0091.html | Utah Senate Bill 91 | Medical Cannabis |
| Medical Cannabis Pharmacy License | https://le.utah.gov/~2023/bills/static/HB0072.html | House Bill 72 | Medical Cannabis |
| Medical Cannabis Pharmacy Operation | Utah Code Annotated: Title 4, Chapter 41a-602 | Medical Cannabis | |
| Utah Kratom Consumer Protection Act (KCPA) | Utah Code Annotated: Title 4, Chapter 45 | Kratom | |
| Kratom Retail Permit | R66-50 | Kratom | |
| Kratom Product Registration and Labeling | R66-51 | Kratom | |
| Kratom Product Testing | R66-52 | Kratom | |
| Kratom Manufacturer Food Establishment Registration | R70-580 | Kratom | |
| State Chemist | Utah Code Annotated: Title 4, Chapter 2, Part 2 | Laboratory Services | |
| Enforcement and Penalties | Utah Code Annotated: Title 4, Chapter 2, Part 3 | Laboratory Services | |
| Agricultural and Wildlife Damage Prevention Act | Utah Code Annotated: Title 4, Chapter 23 | Predator Control | |
| Collection of Annual Fees for the Wildlife Damage Prevention Act | R58-15 | Predator Control | |
| Holding Live Raccoons or Coyotes in Captivity | R58-14 | Predator Control | |
| Utah Pesticide Control Act | Utah Code Annotated: Title 4, Chapter 14 | Pesticide | |
| Utah Pesticide Control Rule | R68-7 | Pesticide | |
| Compliance Procedure | R68-19 | Pesticide |