The Legal Requirements for Selling Honey (in 50 States)

Written by Sophia Roa in Laws & Regulations

Selling extra honey from your beehive is a great way to generate extra income. Just like starting any other kind of business, starting your own honey business will require you to abide by specific legal requirements.

Adherence to the Food and Drug Administration rules, including having proper labeling on honey jars, is the most common legal requirement for selling honey in 50 states. Each state has different legal requirements. If you sell honey in bulk or online, register it with the FDA and your local and state health agencies.

Here is a summary of the legal regulations that you must follow in order to lawfully sell honey in the 50 states of the USA if you're thinking of starting your own honey business. To avoid a sticky situation, make sure you follow all the rules.

Summary

  • Many states have laws governing "cottage food," or food prepared in a home kitchen and sold.
  • Cottage food laws can control whether you can sell your food to individuals, businesses, or people in other states. They can also control whether you can sell your food online.
  • Non-potentially hazardous food items are those for which safety does not require temperature control, and which have the right combination of pH value and water activity level.

The Alabama Department of Agriculture and Industries' Food Safety Division oversees the production and distribution of honey for food sales.

The honey law (2-11-20 Honey Law) is provided for clarity, but beekeepers should contact the Food Safety division of the Alabama Department of Agriculture & Industries for a complete list of rules and regulations regarding the selling of honey if they intend to collect, process, or sell honey or honey byproducts.

Nonperishable homemade foods without a need for time or temperature control may be sold by Alaska home food producers, including honey.

The Alaska Food Code permits the direct sale of non-potentially hazardous items to consumers without a permit, provided that producers only make direct, in-person sales from their homes, at events, farmers markets, and roadside stands, and their annual sales are capped at $25,000.

Arizona's Cottage Food Laws have allowed beekeepers to sell their own honey since 2011 in whatever quantity with no annual cap.

Arizona's Cottage Food Program enables people to produce homemade goods that are neither potentially harmful nor foods that must be time or temperature-controlled for safety (TCS).

Honey and other farm products can be sold directly from the "farm" or at farmers markets, county fairs, and other special events. Without a valid permit from the Arkansas Department of Health, these products may only be sold directly from the producer to the consumer.

When sold directly from a farm (which could include an urban beekeeper's residence), honey is regarded as a farm product and is therefore exempt from sales tax. Direct sales from farms are also thought to extend to farmers' markets and roadside stands.

According to 2016 Arkansas Code, § 20-57-402, any person who sells or offers for sale any product that is branded "honey" or "imitation honey" or that has the term "honey" prominently displayed on its label is against the law, unless the product is pure honey produced by honeybees.

A Cottage Food Operation (CFO) permit is required, which you can obtain from the local health department. There are two different CFO licences available depending on whether you intend to sell all of your food items directly to consumers or whether you intend to sell some of them through a local store or restaurant.

You need a Class A permit if you plan to sell only to consumers directly. This includes selling at a farmers' market, at fairs and other events, online, at your place of residence, or wherever else you or a staff member is selling the food item to consumers directly.

A Class B permit is required if you plan to sell any amount of your foods to a shop, eatery, café, or other establishment that will sell or resell the product to consumers. That includes any wholesale transactions, which must also be limited to your county only, unless the other county expressly permits it.

California's Food and Agriculture Code states that any person who prepares, packs, places, ships, transports, loads, ships, or sells honey, adulterated honey, or any product that is marked, labeled, or designated as honey in bulk or in a container or subcontainer that does not comply with the rules of this chapter, is breaking the law.

Any individual who prepares, packs, places, delivers for shipment, loads, ships, transports, or sells honey in a misleading manner is breaking the law.

Anybody who does either of the following is prohibited from doing so:

  1. Refuse to submit any container, subcontainer, cargo, or display of honey to the inspection of any enforcing officer.
  2. Refuse to stop any vehicle that has honey in it so that an enforcement officer can inspect it.

There are no special licensing requirements if you are selling raw, unprocessed honey comb that you have produced at roadside stands, farmers' markets, community-supported agriculture programs, or other direct-to-consumer outlets. Honeycomb that has not been processed is regarded as a raw agricultural product and is exempt from the Colorado Retail Food Protection Act's licensing requirements.

You will need a retail food establishment license, which is given by your county health authority, if you are selling honey that you have produced. You must register as a wholesale food manufacturing facility with the Colorado Department of Public Health and Environment since honey is regarded as a processed product.

A Farm Product Dealers License is required if you plan to sell processed or unprocessed honey that you obtained from a wholesaler or a direct Colorado grower.

The Colorado Cottage Food Law is applicable to honey processing operations in home kitchens that exclusively sell to consumers directly and have gross sales revenues of $10,000 or less per type of item sold.

The following information must be included on the label of every honey sold in Connecticut:

  • The common name in bold; (e.g.: HONEY)
  • Net quantity in metric and English; descriptive terms like "approximate" or "full ounce" are prohibited.
  • Declaration of responsibility (manufacturer or packager name and address)
  • Content statement (if any additional ingredients have been added)

No one may use the word "honey" or any combination of words including it on the label or in the brand name of any product or article that is sold, exposed, or made available for purchase without including honey as an ingredient.

The word "honey," or any combination of words including the word "honey," may not be used on the label or in the brand name of any product or article that is made from honey and any other substance, compound, or mixture, unless it is printed in the same size type as the other ingredients of the product or article.

Some goods sold by Delaware's small-scale food producers may not have been time- or temperature-controlled for safety. Delaware permits farmers to sell a wider range of goods, such as maple syrup, and honey. Delaware's small-scale food producers can request a variance from the Department of Health and Social Services if they want to sell more products.

Here's the honey labeling guidelines for Delaware beekeepers.

Honey, beeswax, and other hive products can be sold in Florida in two different ways.

  • The Florida Department of Agriculture and Consumer Services Division of Food Safety must properly permit large businesses before they can bottle honey in an inspected food facility or establishment.
  • If small-scale honey producers adhere to the standards of Florida's cottage food legislation and bottle in a home kitchen, they may qualify for an exemption and not need a license.

Florida Statutes Section 500.80 and Title 21, Part 101 of the United States Code of Federal Regulations permit anyone to produce, sell, and keep a variety of "cottage foods" including honey in an unlicensed kitchen (primary home kitchen). "Cottage food operations" are not subject to state government inspection and do not need a food permit from the Florida Department of Agriculture and Consumer Services (FDACS).

State laws, rules, and regulations governing food sales and processing businesses, including honey houses, are administered by the Georgia Food Safety Division. Georgia does not require licenses for beekeepers that process and sell their own honey to consumers at fairs, farmers' markets, out of their homes, in their own establishments, etc. However, a clean environment must be used to process the honey.

It is against the law to package any product and label it as "honey" or "imitation honey," to use the word "honey" in any prominent location on the label of such product, or to sell or offer for sale any product that bears such a label or that has the word "honey" prominently displayed on it, unless the product in question is pure honey produced by honeybees.

All beekeepers that sell bees, queens, nuclei, etc. for a living must have a license under the Georgia Bee Law (O.C.G.A. 2-14-40). The Plant Protection Section does not require any other beekeepers (such as hobbyists, pollinators, or honey producers) to get a license or submit to inspections. Georgia regulations do not demand it, but many states will not allow the admission of beehives unless they have been inspected by the Plant Protection Section and found to be pest-free.

Beekeepers in the state banded together in 2013 to revise the laws governing the sale of honey, allowing home-based producers to get inspection exemptions.

Honey produced at home by agricultural producers is free from processing in food-processing facilities or certified honey houses as long as less than 500 gallons of honey are sold there annually; they provide honey for sale to consumers directly or through retailers who do so; and each honey jar sold bears the following label:

  • the producer's name and address,
  • The honey's standard measurement weight and volume,
  • the date that the honey was made,
  • the clear and obvious warning that "Honey should not be ingested by infants under one year of age,"
  • the declaration in large, legible font that "This food is home-produced and processed and has not been inspected by the Department of Health";
  • they pass the test for food safety certification and attend a food safety workshop authorized by the Department of Health;
  • they keep track of the volume of honey produced and how the product is distributed for at least two years, and they make the records available to the department upon request.

If these requirements are not met, producers must acquire a business permit from the State Department of Health. In the event that a honey producer operating out of their house receives a customer complaint, the producer will be subject to food sampling and a subsequent site inspection to check for product adulteration or misbranding.

No food additives or other additions other than honey may be made to honey that is sold as is. It must not have started to ferment or effervesce, and no pollen or other honey-specific component may be taken out unless doing so is necessary to remove foreign elements.

Honey is categorized as a cottage food, which is a non-time/temperature control for safety food according to the Idaho Food Code. It doesn't require a food permit to be sold to the general public directly. Retail vendors must adhere to USDA regulations for food safety and labeling.

If the producer packs or sells less than 500 gallons of honey, it is exempt if it is still in the comb or taken from the comb and is unadulterated. Honey is exempt from inspection under the Illinois Food, Drug and Cosmetic Act [410 ILCS 620/27], but federal labeling laws must be followed.

A facility that has undergone inspection must be used to extract and bottle honey from a producer who sells more than 500 gallons. The substance may not be referred to as honey if any sweetener has been added. Every person who maintains one or more bee colonies must register each year with the Illinois Department of Agriculture, according to the Illinois Bees and Apiaries Act [510 ILCS 20].

The Indiana cottage food law was passed in 2009 and contains a broad definition of what constitutes permitted food products. Nearly any type of non-potentially hazardous food is allowed as long as it is below a certain pH value or water activity level.

The amount of food a vendor can sell is unrestricted, and there are no registration requirements, fees, or setup processes. However, the goods can only be sold in farmers markets and roadside stalls located in the state. Indiana allows food with pH levels lower than 4.6 and water activity levels lower than 0.85 including honey.

In Iowa, you do not need a license to have your own hives to produce honey and sell it directly to consumers or in bulk as long as no flavors or spices are added.

At a farmers market, you can sell prepackaged, shelf-stable foods such as pure & unflavored honey without a permit. The name of the product, the ingredients, the name and location of the kitchen where the food was cooked, and the net weight, volume, or numerical count must all be listed on the label.

Producers of honey can sell to consumers directly without a license. A Kansas Department of Agriculture (KDA) Food Processing License is required for sales of packaged honey to grocery shops, including consignment sales, for resale or sales by an individual that did not package the honey.

Despite the fact that the ag department controls most of the regulations governing food sales, Kansas has a good cottage food law. Nearly all nonperishable food items can be sold directly anywhere, including in other states. Producers are exempt from ag department license requirements, and there is no sales cap or other restriction.

Apart from complying with Kentucky's honey labeling laws and conducting business in a safe and hygienic manner, there aren't many obligations if your annual production is under 150 gallons.

According to Kentucky Revised Statutes (KRS) 217.187, a person is not obliged to process the honey in a certified honey house or food processing facility or to acquire a permit from the cabinet if they sell fewer than 150 gallons of honey off the farm each year. Apiaries that qualify for this exemption would still need to operate in a safe and sanitary way and adhere to Kentucky's labeling regulations.

It is illegal for anyone to package a product, label it as honey, or use the word honey in any prominent placement on the product's label. It is also illegal to sell or offer for sale any product that bears the label "honey" or has the word honey prominently displayed on it, unless the product in question is pure honey produced by honeybees.

Louisiana permits the selling of "low-risk foods," which are typically shelf-stable items that are safe regardless of time or temperature. Honey and honeycomb products are particularly allowed to be sold under the law.

The name of the product, the name and address of the maker, and the net weight must all be included on honey labels in order to meet Louisiana Department of Agriculture and Forestry requirements. The Food, Drug, and Cosmetic Act of Louisiana governs the sale of honey. Unless it is raw honey made by honeybees, it is illegal for anyone to sell a product that is primarily labeled as honey.

If you want to sell honey in Maine, you must get a license for honey processing. The license requires a certified kitchen.

Making honey requires a home food license. Note that no processing license is needed for raw honey in the comb. Only goods that are shelf-stable may be produced with this license.

The Cottage Food Business Law of 2012 in Maryland set regulations for cottage food enterprises or companies that prepare or package cottage food items in a home kitchen for annual sales of up to $25,000. Additionally, all county and local rules and ordinances that govern the sale of cottage food products must be complied with by the owner.

The Department of Health and Mental Hygiene (DHMH) does not require a license for a cottage food business that complies with these rules. Natural honey that's unflavored, unprocessed, and without additives, is an example of product that can be produced under the Cottage Food Industry regulation.

A processing permit from the Maryland DHMH is required for flavored honey. If no flavors are introduced, no license is needed. If further processed, a processing license from Maryland Department of Health is required if the sales are more than $40,000 or an on-farm home processing license from MDH if the sales are less than $40,000.

Any item or commodity labeled as "honey," "liquid or extracted honey," "strained honey," "imitation honey," or "pure honey" that is not pure honey produced by honey bees may not be sold, kept for sale, or offered for sale. Any product or mixture that is branded or labeled as "honey" and contains honey combined with any other substance or ingredient is not permitted to be sold, or offered for sale by anyone.

If honey is one of the ingredients, it must be plainly stated in the same size type as the other ingredients on the package containing the compound or mixture. However, the compound must not be packaged, sold, exposed for sale, or offered for sale as "honey" or "imitation honey," nor may the compound or mixture be branded or labeled with the word "honey".

Agricultural goods that are typically offered at farmers' markets, such as raw honey may also be exempted by local boards of health. Any business that sells processed foods or other items except fresh fruit or produce must have a food establishment license from the Local Board of Health. When licenses for processed foods are required, one permit may be given to the farmers' market group if only non-potentially hazardous foods are sold.

In contrast to cottage food producers, honey producers are not restricted to direct sales. As long as their packaging is properly labeled, they are permitted to sell their goods in bulk to supermarkets, eateries, and other shops.

Prior to selling your honey, you must ascertain whether your facility requires a license based on gross sales. If a processing license is required, you must have a label that complies with state labeling regulations.

  1. Any extracted honey that is packaged for retail sale and does not meet the requirements of the United States Department of Agriculture for U.S. grade fancy may not be offered for sale, exposed for sale, or held in one's possession with the purpose to sell.
  2. The package must also be clearly labeled "white," "amber," or "dark" depending on the color of the honey inside compared to the Pfund honey grader's standard scale.
  3. Comb honey that does not meet the requirements of the United States Department of Agriculture for U.S. grade No. 2 or better is prohibited from being offered or exposed for sale, had in possession with the purpose to sell, or sold, unless each package is clearly labelled "cull" on the exterior. The minimum net weight of the honey in each packet must be indicated.

Retail stores and processing facilities for honey run by the producer are exempt from licensing under the Michigan Food Law if annual gross sales are $15,001 or less.

Honey is not regarded as a cottage food, and there are several important variances in the legal specifications and exemptions. If their products are properly branded, small-scale honey producers can sell their goods wholesale to supermarkets, restaurants, and other shops who will then resell them.

Due to the fact that honey is a "product of the farm" and is therefore free from licensing under Minnesota Statute 28A.15, individuals who sell their own honey do not need to register with the Minnesota Department of Agriculture. However, if they flavor the honey, it becomes a cottage food and needs to be registered.

Beekeepers may sell honey, however all honey offered for sale in a public place must be properly labeled. It is advised that manufacturers and processors of honey add the following statement to the label of their product: "Honey is not recommended for infants less than twelve (12) months of age."

Every container of honey or honey products sold, offered, or exposed for sale by an individual, firm, organization, or corporation in the State of Mississippi must have a paper label, permanent type stamped imprint, or embossed material on the container itself, plainly printed in the English language truly certifying the net contents of the container, as well as the name, brand, name, and address of the person or processor providing such honey or hives.

It is prohibited for any individual, business, institution, or corporation to advertise any product as "pure honey" at the retail level of commerce if it does not adhere to the minimum standards set by the Mississippi Department of Agriculture and Commerce. Products containing fake honey must be labeled as such in the English language, with the word "artificial" appearing in the same prominent position as the word "honey," along with a list of the ingredients in the product and the percentage by weight of each ingredient.

Using a fictitious name or address on the container label required by this regulation is prohibited for any manufacturer or distributor of honey or honey products.

Processors of honey may sell to retail establishments if an inspection reveals that they adhere to Good Manufacturing Practices rules. They will be inspected by the Department of Health and Senior Services' Manufactured Food Program. Food processors in Missouri are not required to have permits, but they must be able to demonstrate that they have complied with all relevant laws. Local zoning laws and requirements for business licenses may be included.

Honey is now expressly exempt from both the commercial kitchen requirement and the requirement that uninspected honey contain a warning label to that effect under Missouri Revised Statute 261.241. Beekeepers are no longer required to bottle honey in an approved kitchen in order to sell it directly to consumers or through third parties. Beekeepers with annual sales of less than $50,000 are eligible for this exemption. Furthermore, it only applies to pure honey.

If you add other ingredients, you are regarded as a food processor, and selling through independent retailers requires a commercial kitchen. The kitchen is not necessary if you only sell directly to consumers, but you must label your products with a disclaimer that says "This product has not been inspected by the Department of Health and Senior Services." A placard bearing that disclaimer is also necessary if you plan to sell at farmers markets or other similar locations.

If the sale is made direct and in person, you can sell raw honey to the final consumer without a license. You can do this in your house, at farmers' markets, or at craft exhibits. If raw honey is the only food item you offer or if you exclusively sell exempt goods, such as commercially prepared foods that are not potentially dangerous, you can sell it without a license in your own store.

Cottage food producers in Nebraska are allowed to offer products that are safe regardless of time or temperature. Typically, this refers to goods that can be stored without needing to be refrigerated such as honey, and syrup.

A bill (LB 304) was passed in Nebraska in 2019 that permits people to sell homemade food items that are already permitted for sale at farmers' markets directly to consumers at their homes, at fairs, festivals, and other public events, as well as online for pick-up or delivery—all within the state of Nebraska.

Despite the fact that wholesale, retail stores, and other indirect sales are not permitted by this extension of the cottage food rule, Nebraskan farmers can now sell non-potentially hazardous food outside of the farmers' market season with no sales cap.

No food ingredient, including food additives, may be added to honey sold as is, and no other additions may be made besides honey. When extracting or packaging honey for sale or resale as honey, no water may be added. The moisture content of honey should not be higher than 23%.

No one may sell any food item that is labeled or identified solely by the phrase "honey" even if it contains one or more ingredients other than honey. No one may sell any food item, excluding honeydew melon, that bears a name or label that contains the term "honey" unless it also lists all of the other components, as well as if honey is an ingredient.

"Honey" refers to the naturally occurring product of honeybees that is obtained from floral nectar, processed by the bees, and then stored in a honeycomb before being sold there or removed from it and sold as a liquid, candied, or granular form.

The New Hampshire Honey Products Law, RSA 429:20-28, governs the sale of honey in the state. There is no way in which honey that bears the term "pure honey" and is made, packed, handled, or sold in this state may be tampered with by cane sugar, corn sugar, or any other foreign sweetener.

No chemical bleaching or color lightening of honey produced, handled, packed, or marketed in this state is permitted, other than simple filtration through cloth or paper to remove suspended particles.

According to the New Jersey Department of Agriculture and the New Jersey Department of Health, the following are the NJ Standards for Honey Producers:

  • The processing and storage area kept in a clean and hygienic state.
  • No licensing requirements.
  • The name and address of the seller or processor, the name of the product, a list of the ingredients in descending order, and the product's net weight must all appear on the label.

In accordance with current New Jersey Administrative Code 8:24-1.5, it is legal to sell or offer for consumption food made in a "kitchen in a private home" if only non-hazardous food is prepared for sale or service at an event, such as a bake sale for a religious or charitable organization, and the consumer is made aware of this fact by a clearly visible placard at the sales or service location.

In this way, as long as the food is not being sold for profit and the consumer is aware that it was made in an unregulated facility, a person is allowed to distribute to consumers food that is not potentially harmful and is generally referred to as "shelf-stable" food because it does not need to be refrigerated.

One definition of pure honey is a raw agricultural product. Therefore, producers of pure honey are exempt from needing a food processor permit. However, producers of honey are subject to the New Mexico Food Act, which requires them to label their goods and forbids adulteration. However, honeys that contain additions like herbs are subject to the food processing laws because these additives may alter the honey's chemistry and influence its anti-microbial characteristics.

It is advised that producers and processors of honey add the following statement to the label of their product: "Honey is not recommended for infants less than twelve (12) months of age."

Processors of honey who do not buy honey from others for repackaging and who do not mix honey with any other components that can encourage the growth of infectious or toxigenic organisms are exempt from the licensing requirements of Article 20-C of the Agriculture and Markets Law, provided that such premises are maintained in a sanitary manner.

The label must use the word "honey" as its common or usual name. If the product contains a sizable amount of pollen from that flower, a floral source, such as sourwood, clover, etc., may be included in the name. The label must also include the manufacturer's, packer's, or distributor's name, address, and zip code. In the lowest third of the label panel, a declaration of net contents must be made in terms of weight, such as "Net wt. 30 oz. (1 lb. 14 oz.)”.

To sell honey labeled as "sourwood" or "North Carolina Honey" in state-owned Farmers Markets, which are run by the North Carolina Department of Agriculture and Consumer Services, a permit is necessary.

ND's cottage food regulations permit the sale of honey. Home food producers in North Dakota are allowed to sell their products to consumers directly within the state from their homes, as well as at events, farmers markets, and roadside booths.

Certain low risk food products may be manufactured and sold out of your home kitchen without the need for an inspection or a license under Ohio's cottage food law.

The cottage food category only includes food items that are not potentially harmful. Flavored honey made by a beekeeper is among the food items recognized as cottage food products under Ohio Administrative Code Section 901:3-20-04, provided that at least 75% of the honey comes from the beekeeper's own hives.

Each item of food offered or distributed for sale must have a label with specified information on it, and cottage food production operations are required to do the same.

Beekeepers are permitted to sell honey in Oklahoma. In accordance with the "Oklahoma Honey Sales Act" (SB 716) that became effective in 2013, county, municipal, and other governmental subdivisions of this state are not permitted to ban honey sales or distribution.

Beekeepers with yearly production of less than 500 gallons shall be free from regulation and inspection by the State Department of Health for the manufacture, sale, and distribution of honey and honeycomb products in Oklahoma if they exclusively sell or distribute honey or honeycomb produced from hives located entirely within the State of Oklahoma that are owned and managed by the beekeeper.

Honey must be raw. The label must indicate "Bottled or packaged at a facility not inspected by the Oklahoma Department of Health" and include the common food product name, net weight of the honey, beekeeper's name, current ten (10) digit phone number, and place where the honey or honeycomb was produced.

Only the beekeeper or members of the beekeeper's immediate family may sell or distribute the honey or honeycomb directly to the end user at the beekeeper's residence, farmer's markets, roadside stalls, county fairs, or other similar events.

A farmer that produces food can sell honey without a license. The Oregon Department of Agriculture does not require a license for farms to sell agricultural products such as honey with no additives to consumers directly.

Some small-scale honey producers are exempt under Oregon's Farm Direct Marketing Act. Under the Farm Direct Bill, you are exempt from ODA licensing if you just extract your honey and sell it to consumers directly. You do not need to obtain a license if you have 20 or fewer colonies, exclusively extract your honey, and sell it directly to consumers or in bulk.

However, you must submit an application for exemption to the ODA. Any beekeeper with 21 or more colonies who extracts and sells honey in bulk needs to have a food processor license.

It is necessary to register with the Department of Agriculture. If the honey is produced and processed on the same farm, Honey Processors are excused from paying registration fees. If selling away from the processing farm, honey processors must still register and undergo inspection.

You will not need a license from the RI Department of Health to sell honey in Rhode Island.

Except for Rhode Island, every other state licenses or registers home kitchens, and private houses are categorically exempt from licensing in Rhode Island. Every state that requires a license only allows sales of food that is not potentially dangerous.

According to the Fair Packaging and Labeling Act, all honey produced in South Carolina and offered for sale to the general public must bear the required labels. Honey must come from a registered, authorized source in order to be sold to or at roadside markets, convenience stores, health food stores, etc.

A honey house must include washable walls and floors, authorized water sources, shatterproof lighting, clean utensils and equipment, sinks, sufficient drainage, and a septic system that has been approved by the SC Department of Health and Environmental Control (DHEC).

You may apply for registration and inspection exemption if you only sell your honey directly to consumers (e.g., at farmers markets) and produce no more than 400 gallons (4,800 lbs.). Even if you request an exemption, honey that is sold to the general public must have the appropriate labels.

Before selling your goods to the general public, you must register with SCDA and get your honey house approved. You may use a honey house that has already been inspection by SCDA; but, before producing any honey, you must submit a Shared Honey House Application to SCDA along with a verification of your labelling. Honey houses are possible on your property. As long as they adhere to SCDA regulations, anything from a converted garage to a "fitted up" shop may be used.

The standard laws governing retail food apply to honey. Sadly, it is not covered under the less-strict home-processed food regulations.

You cannot sell honey as a cottage food enterprise in South Dakota if you are considering doing so.

Regulations set forth by the South Dakota Department of Health specify a longer list of prohibited goods than permitted ones for home-based food businesses. The problem is that these foods are potentially dangerous, and honey is one of them.

Tennessee permits the sale of honey. If you pack or sell more than 150 gallons of honey annually in Tennessee, you need to be licensed and inspected as a food production plant by the State of Tennessee.

By the time of the application period, apiaries selling more than 150 gallons of honey annually must be registered with the State of Tennessee. Before being sold, every food item packaged at the facility needs to have the proper labels.

Under Senate Bill 1766, "small honey production operations" in Texas are permitted to sell honey to consumers directly. If you do not match the requirements to be a small honey producer, you must have a regular food manufacturer's license.

A Texas food manufacturing license permits the retail, wholesale, internet, and distribution of honey that is labeled with the name of the manufacturer.

Honey can be bottled at home and sold to others in accordance with Utah Cottage Food Rule. Only cottage food items that have been certified by the Utah Department of Agriculture and Food (UDAF) may be sold in Utah.

Your residence must be UDAF-registered as a food facility. Additionally, beehives need to be registered with Utah Department of Agriculture and Food.

It is not permitted to distribute your product in wholesale. You are allowed to sell honey to retailers for retail use, but the container must bear a label stating that it is home produced.

According to Vermont Health Department laws, small home businesses are allowed to use standard kitchen appliances to prepare food while operating out of their primary residence.

In Vermont, the production and sale of the majority of these foods, including honey, is permitted. It is advised that producers and processors of honey add the following statement to the label of their product: "Honey is not recommended for infants less than twelve (12) months of age."

Virginia permits, subject to certain conditions, the production of certain low-risk foods, acidified vegetables, and honey from a private residence without an inspection from Virginia Department of Agriculture and Consumer Services (VDACS).

If you produce and prepare less than 250 gallons of pure honey annually from your own personal hives at your private property and if you don't produce any other food products that need inspection, you can sell honey without a state inspection (VDACS 2017).

If you meet the requirements for the VDACS exemption, there are no restrictions on where the honey can be sold. The labeling of the item must read exactly as follows: "PROCESSED AND PREPARED WITHOUT STATE INSPECTION. WARNING: Do not feed honey to infants under one year old.”

As long as they adhere to the specifications outlined in Washington state law, beekeepers in Washington who extract their own honey are permitted to sell it raw to both end consumers and wholesale markets.

In order to sell processed honey to end users and other markets, a Food Processor License from Washington State Department of Agriculture (WSDA) is required. If honey is heated, pasteurized, blended, "spun" or "creamed," cooked, or contains any additional ingredients or flavors, it has been processed. A WSDA Food Processor License would be necessary, for instance, if honey sticks containing pasteurized, colored, or flavored honey were to be sold.

Unless the product ingredient is honey, it is unlawful to sell, keep for sale, expose, or offer for sale any article or product that is said to be made of honey or to include honey.

Unless the product, compound, or mixture of sugars is labeled "imitation honey," with the word "imitation" appearing in letters equal in size to the letters used to spell "honey," no one shall sell, expose, or offer for sale any product, compound, or mixture of sugars labeled as or for honey, with or without honey as a constituent ingredient.

It is advised that producers and processors of honey put the following additional statement on the label of their product: "Honey is not recommended for infants less than twelve (12) months of age."

Your label needs to adhere to both the new nutritional labeling law and Federal label rules, depending on the size of your firm.

Cottage food producers in West Virginia are allowed to sell shelf-stable, non-potentially hazardous foods like honey. A reasonable generalization is that you can sell anything from your home-based business if it doesn't require refrigeration.

You need a retail license and a food processor license to operate if you obtain honey from others to process, bottle, or otherwise handle, or by including color, flavor, or other substances, you process your own or someone else's honey, and you provide wholesale for at least 25% of your products (to distributors rather than directly to customers).

If the conditions listed below are satisfied, no license is necessary:

  • Only your own honey, produced by your own bees, is extracted, packaged, and sold.
  • Either you don't process the honey at all or you simply minimally process it by heating, filtering, or creating spun or creamed honey with starters made from your own honey.
  • You can sell your goods to people directly from your home, online, or at a farmer's market. This includes businesses that use your honey as an ingredient, including breweries.

If a product is not honey but resembles honey and is labeled, advertised, or otherwise claimed to be honey, it is illegal to sell or offer for sale that product. In the name of a product that resembles honey, whether or not it includes any honey, the word "imitation" is not permitted.

The word "honey" may appear on the label of a product that does not resemble honey but contains honey. The relative position of the word "honey" in the product name and, if necessary, in the list of ingredients, shall be determined by its prominence as an ingredient in the product.

The sale of raw honey to consumers directly by food producers is permitted by law in compliance with the Wyoming Food Freedom Act (House Bill 0056) and revisions made in 2017. Wyoming dramatically changed the law in 2020 (HB 84) following a few rather insignificant modifications in 2017.

This modification made it possible to wholesale and conduct indirect sales of nonperishable foods (at supermarkets, shops, etc.). Additionally, the ban on consumption at home was completely lifted.

A $250,000 sales cap was additionally established by the 2020 amendment. In addition, there are absolutely NO restrictions imposed by any official body, including no licenses, taxes, or zoning approvals. A very limited labeling requirement for nonperishable items sold in retail establishments is the lone exemption.

Commercial processors must be licensed and adhere to all Wyoming Food Safety Rule requirements. Vendors from other states are required to obtain a Wyoming license for food distributors. Upon confirmation that the product originates from a state-approved facility, this license will be granted.

These vendors are allowed to sell honey and non-hazardous foods, but they must adhere to all rules on food labeling.

All Wyoming-licensed food facilities, including restaurants, bed and breakfasts, institutions, and retail outlets, are permitted to use and sell commercially produced food items as they are regarded as an authorized source.

Foods that are not potentially dangerous, such as honey and flavored honey (whipped or creamed is not permitted), may be prepared in home kitchens and sold at farmers' markets, roadside stalls, and events. These foods must be sold directly to consumers from the producer. Foods made by another individual in a home kitchen cannot be sold by a vendor.

Licenses and inspections are not required for cottage food enterprises. These goods cannot be used or sold in a licensed establishment because they are not recognized as coming from an approved source.

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