Michigan Cottage Food Permitted Foods: The Complete Allowed List
Why the List Exists
Michigan's cottage food exemption under MCL 289.4102 doesn't let you sell anything you can cook. It permits only foods classified as non-potentially hazardous — products that won't support the growth of dangerous bacteria at room temperature. In food science terms, these are non-TCS (non-Time/Temperature Control for Safety) foods, meaning they have either low water activity (at or below 0.85) or high acidity (pH at or below 4.6).
That scientific classification is what separates "cottage food" from "you need a commercial kitchen." Here's what falls on the permitted side.
Baked Goods
This is the broadest category and where most Michigan cottage food businesses operate. Permitted baked goods include:
- Breads, rolls, biscuits, muffins, and scones
- Cookies, brownies, and bars
- Unfilled donuts and cake pops
- Fruit pies with shelf-stable fillings (apple, cherry, blueberry)
- Celebration cakes — wedding, birthday, anniversary — with standard buttercream frosting
- Dry biscuits and crackers
The key restriction: the finished product must not require refrigeration. A birthday cake with buttercream frosting is fine. The same cake with cream cheese frosting, custard filling, or fresh fruit topping is not — those are TCS items that need commercial licensing.
Candies and Confections
Shelf-stable sweets are permitted:
- Hard candies and lollipops
- Cotton candy
- Chocolate-covered pretzels
- Marshmallows
- Uncoated or chocolate-coated nuts
- Fudge and caramels (when formulated to be shelf-stable)
Confections containing actual liquid alcohol — like liqueur-filled chocolates — are prohibited because they fall under Michigan Liquor Control Commission oversight.
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Jams, Jellies, and Preserves
Only fruit-based preserves that meet the federal standard of identity under 21 CFR Part 150 are permitted. That means:
- Fruit jams made from standard fruits (strawberry, raspberry, blueberry, peach)
- Fruit jellies
- Fruit preserves and marmalades
Fruit butters (apple butter, pumpkin butter) are prohibited despite seeming similar — they contain less sugar and higher water activity than standard jams, which makes them unsafe for unrefrigerated storage. Vegetable jams like hot pepper jelly are also prohibited because of botulism risk from the vegetable ingredients.
Dry Goods and Mixes
The dehydrated and dry category is broad:
- Granola, trail mix, and dry cereal
- Dry baking mixes (pancake, brownie, cookie)
- Dry soup and dip mixes
- Dried herbs and spice blends
- Dried pasta (with or without eggs — must be completely dried)
- Dehydrated fruits and vegetables
- Roasted coffee beans (whole or ground)
The critical qualifier for pasta: completely dried only. Fresh, wet, or partially dried pasta remains a TCS food regardless of its ingredients.
Vinegars and Extracts
- Flavored and unflavored vinegars
- Vanilla extract and other food-flavoring extracts (subject to Michigan Liquor Control Commission rules for alcohol content)
The Gray Areas
Some products sit on the boundary and trip up new sellers:
Dried egg pasta: Permitted when fully dried. The low water activity of completely dehydrated pasta makes it safe. Fresh or partially dried pasta is prohibited.
Celebration cakes: The cake itself is fine. The frosting determines legality. Standard buttercream made with butter, powdered sugar, and vanilla holds up at room temperature. Cream cheese frosting, whipped cream, custard, and fresh fruit toppings all require refrigeration and push the product into commercial territory.
Fruit jams vs. fruit butters: Jams follow a standardized recipe with enough sugar to achieve low water activity. Butters use less sugar and more fruit, leaving them in the danger zone for pathogen growth. The names sound interchangeable, but the food science isn't.
What to Do Before You Start Selling
Check your recipe against the permitted list. If anything in your product requires refrigeration, is a dairy product, meat product, poultry product, seafood product, or beverage, or falls into the acidified/canned category, it's not cottage food in Michigan.
The Michigan Cottage Food & Home Food Business Guide includes a detailed product eligibility matrix and walks through the gray areas — including how to evaluate whether your specific recipe formulation qualifies.
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