Selling Homemade Food Products in NH - The Basics - Part Two [Fact Sheet]

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When is a Class H Homestead License Required (Non- Exempt)

Starting a homestead food business is a dream of many home cooks. Beginning small, in your home kitchen or other food production area of your primary residence, with shelf-stable baked goods and other approved foods is a practical way to try out this venture. 

There are some food safety and legal requirements that will help to create a delicious and safe product. This fact sheet series, developed from New Hampshire Food Protection Section guidance, can help get you started. Reading all the fact sheets will give you the best start with the information you need to start and grow your food business. 

There are 15 cities and towns in New Hampshire that are self-inspecting jurisdictions and may require additional requirements for Homestead licensing or don’t allow homestead operations. See the resource section for a link to a listing of the cities and towns. 

You may be surprised at the variety of foods that are allowed to be made in your kitchen or other food production area of your primary residence. The same foods are allowed whether exempt from a Homestead license or with the Homestead Class H license. Depending on which markets you are selling to, a Class H license for your home kitchen may be required. 

A New Hampshire Class H Homestead License is required if you wish to sell your non-potentially hazardous foods (safe at room temperature storage) products: 

• To restaurants
• To food establishments (not including retail food stores - for these, no license is needed to sell homestead foods)
• Over the internet
• By mail order
• To wholesalers, brokers, or other food distributors

AND you must meet the licensing requirements for a Class H Homestead license, which has a fee of $150.

Restrictions
Under a homestead license, you are not allowed to offer potentially hazardous food that requires refrigeration for safety.

1. What must I submit with my license application?

• Written water test results for bacteria, nitrates and nitrites if using well water. Not required if using municipal water.
• Complete list of products you are manufacturing and selling.
• All written Process Review results for any processed or jarred foods such as BBQ, hot sauces, mustards, pepper jellies, and non-National Center for Home Food recipes for jam, jellies, pickles, salsa, and relishes. Laboratory results (pH and water activity) for homemade buttercream or cream cheese frostings.
• Water activity results for any baked goods made with banana, pumpkin, zucchini or other fruit or vegetable.
• Copy of a sample of finished product labels.

Important Information:

A process review is required if you use your own jam, jelly, acid foods (vinegars, mustards, BBQ sauces), or acidified food recipe or “tweak” a recipe found on the National Center for Home Food Preservation website. 

Process reviews are required for processed or jarred foods using your own recipe and not the exact recipe, jars, or process from the National Center for Home Food Preservation. The food processing authority declares in writing whether there are biological food safety concerns with the food. Food products that have a pH below 4.6 or a water activity below 0.85 can be produced in the homestead. 

A directory of food processing authorities can be found on the Association of Food and Drug Officials website at https://www.afdo.org/directories/fpa
 

2. What Kinds of Foods Can I Sell with a Homestead Food License?

The homestead license applies to non-potentially hazardous foods made in the residential kitchen of the homestead food operation. (For a sample listing see: The Basics - Part One or contact NH Food Protection https://www.dhhs.nh.gov/programs-services/environmental-health-and-you/food-protection) to determine if your product is allowed.

Under a homestead license, you are not allowed to offer food that requires refrigeration for safety or beverages such as Kombucha or Cold Brew Coffee as these require a beverage license. 

Note:

Kombucha cannot be made under the Homestead Act; making it for sale requires a beverage license if the alcohol content is .5% or less. Over that limit, a liquor license is required.

3. How must I label my Homestead Products?

You are required to label your individually packaged products with the following information:

a. Your name or business name

b. Physical address or active e-mail address, and phone number of the homestead food operation 

c. Name of the homestead food product 

d. The ingredients and sub-ingredients of the homestead product, in descending order by weight (federal labeling requirement) 

e. The name of each major food allergen contained in the food unless it is already part of the common or usual name of the respective ingredient already disclosed in the ingredient statement. Major food allergens:

Major food allergens:

• Milk
• Eggs
• Fish (e.g., bass, flounder, cod)
• Crustacean shellfish (e.g., crab, lobster, shrimp)
• Tree nuts (e.g., almonds, walnuts, pecans, coconut)
• Peanuts
• Wheat
• Soybeans
• Sesame

f. The net weight, volume, or numerical count in both US customary and metric. 

g. The label must also state in at least 10-point font “This product is exempt from New Hampshire licensing and inspection.” 

h. A product code which includes date of manufacture, container size and product lot or batch number to aid in a recall of product in case of an imminent health hazard. For example, 02142026-2 for the second batch of cookies made on February 14, 2026.

4. Another way to label IF you only sell:

• From your homestead
• From your own farm store
• Direct to consumer

You may either use the labeling method described in section 5 or use the labeling method listed below (NOTE: This labeling method is not allowed at farmers markets or retails stores): 

a. Your name or name of business 

b. Address – physical address or active email address 

c. Phone number of homestead food operation 

d. Name of the homestead food product 

e. A QR code or website where the ingredients are listed in descending order of predominance by weight and must have a physical sign at the display location with the same ingredient information for all products. 

f. The name of each major food allergen contained in the food unless it is already part of the common or usual name of the respective ingredient already disclosed in the ingredient statement. 

g. For exempt Homestead Food Products, the label must also state in at least 10-point font: “This product is exempt from New Hampshire licensing and inspection.”

5. What equipment and procedures must I have in my residential home kitchen?

• Either a residential model dish machine and a one-compartment sink OR a two-compartment sink to wash, rinse and sanitize your utensils.
• A home refrigerator with a thermometer. Refrigerator temperature maintained at 41°F or less.
• No pets in the food production area during food preparation and packaging.
• If the bathroom opens directly to the food production area, or into a hallway leading into the food production area, it must have a self-closing door and mechanical ventilation.
• Commercial equipment is permitted in a homestead food operation if it can be cleaned and sanitized in the food processing area.

Where in my home can I make products?

Homestead food products must be made in your kitchen or other food production area of your primary residence that has handwashing, equipment and food storage, food contact surfaces, general sanitation, and pet exclusion areas. Food products must be stored in your domestic residence.

6. Will I need to meet local zoning regulations or other laws? 

Homestead food operations should contact their local unit of government to determine if there are local regulations that will affect their business. Also, note there are 15 self-inspecting cities and towns that regulate food in their communities, contact the local authority regarding homestead rules and possible licensing requirements. The list of the 15 cities and towns and be found at: https://www.dhhs.nh.gov/sites/g/files/ehbemt476/files/documents/2021-11/fp-selfinspect.pdf 

7. Do I need to register my Homestead Food Operation with the Secretary of State? 

Contact the NH Secretary of State regarding business name registration at 603-271-3242. 

8. Do I need insurance coverage to make and sell food products from my home? 

Contact your homeowner’s insurance company.

Did You Know?

A process review is a thorough evaluation of how a food product is made— from its ingredients to every preparation step and its packaging. This review must be performed by a food processing authority, an expert in thermal processing of low-acid foods or in the acidification and processing of acidified foods. 

The purpose of the review is to ensure the product is safe, properly processed, and— when required—shelf-stable. For low-acid and acidified foods, a process review is legally required to confirm that the product meets safety standards, including adequate heat treatment to eliminate harmful pathogens, before it can be manufactured and sold.