If you are in the US, you need to look up the laws in your state on Cottage Food Operators. Its not always easy to find.
Google Cottage Food Laws Name of State. It might be under the state‘s agriculture department or public health department (see example of two states below).
Nearly all states regulate production and sale of food from in a home kitchen. The restrictions are not as stringent as those for a commercial kitchen, but to prevent food borne illness means you’ll have to be in compliance with your state laws. Some states, like the state of California require a certification in safe food handling. There are companies that provide online courses and certification test.
Some states and counties require an inspection of the home kitchen.
Since food borne disease is an issue, most states limit the foods that can be produced and sold in a home kitchen. The allowed foods based on water activity level. If you are not sure what water activity level is, see link below.
Most states will not allow you to sell food prepared in a home kitchen over the Internet. Some will allow you to take an order over the Internet, but delivery must be made to the customer in person. The reasons have to with prevention of Foodborne illness. And every state regulates the commerce in their state. The regulations To produce food in a home kitchen in California are different than those in Georgia. So cottage food operators cannot sell state to state because each state has a right to determine their own regulations. also shipment poses its own problems. Fresh baked goods must be held at certain temperatures so it does not develop harmful bacteria. Carriers cannot guarantee packed food will not be subjected to extreme temperatures. So states do not allow food to be shipped by home bakers since they do not have the equipment and/or knowledge to prepare and package food for shipment.
So if you live in the United States you need to begin by researching the cottage food laws in your state.
Florida is under the Department of Agriculture and Consumer Services
Florida Department of Agriculture and Consumer Services
www.fdacs.gov
California is under the Department of Public Health
Water activity (aw)
Water in food which is not bound to food molecules can support the growth of bacteria, yeasts and molds (fungi). The term water activity (aw) refers to this unbound water. The water activity of a food is not the same thing as its moisture content. Although moist foods are likely to have greater...
drinc.ucdavis.edu