Selling homemade food isn't legal in all states. For example, in New Jersey, it is illegal to sell any type of homemade food. On the other hand, in Idaho, there are no cottage food laws, so the rules vary based on the specific health districts to determine what is and aren't allowed. Wisconsin is like most states; you are allowed to sell only at local events and farmers markets. Depending on where you are, you should find out if the cottage law applies to you or not.
When an item is sold under cottage food laws, they are exempt from local codes and licensing. This means that only certain sales are legal. Safety is the main indication of what is allow under the cottage food law. If food is susceptible to botulism, then they are illegal in pretty much all the states. The more acceptable foods are jams, jellies, pickles and baked goods. Although again, the specific rules can vary by states.
Often meat isn't allowed since there are widespread health concerns. In order for farmers to sell meat to the public, they need to have it USDA-inspected or offer is through a program where consumers buy animals and then pay to have them butchered. Some foods like cheeses and milk are banned if they come from raw milk. Even dairy products that are made from store bought milk require special licensing.
Fruits and vegetables grown in a garden don't require any special licensing as long as they aren't cut or altered. Some states allow home grown produce to be sold as cottage food and others don't. As such, some states allow canned food and others don't.
You can look up your own state’s cottage food laws or health code to determine what is and isn't allowed in your state. Most health department sites will give you details on where selling is allowed and what types of food you can sell. They will also have a set maximum revenue that you can make in a year. The health department will also let you know how a label needs to be written, whether or not you can sell across state lines and if there is a maximum sales or profit.
Now you know the legal background for why you have to jump through so many legal hoops to sell your homemade food. Most of these rules have to do with the safety and health of your food. Let's consider the major food and workplace safety issues you need to consider in order to be in compliance with a lot of the legal regulations.