Michigan Cottage Food Prohibited Foods: What You Cannot Sell

The Line Between Cottage Food and Commercial Kitchen

Michigan's cottage food exemption permits only non-potentially hazardous foods — products that stay safe at room temperature without refrigeration. Everything else requires a licensed commercial kitchen, MDARD or local health department oversight, and regular inspections.

The prohibited list catches a lot of home cooks off guard because some of these items feel simple or "obviously safe." They're not, at least not by food science standards. Here's what you cannot sell under the cottage food exemption and why.

Perishable Baked Goods and Desserts

Baked goods are the backbone of most cottage food businesses, but not every dessert qualifies:

• Cheesecakes — cream cheese is a TCS ingredient
• Cream pies, custard pies, pumpkin pie, and lemon meringue pie — egg-based fillings require refrigeration
• Cream-filled pastries — éclairs, cream puffs, filled croissants
• Cakes with cream cheese frosting or fresh fruit toppings
• Any baked good with a glaze or filling that requires cold storage

The test is straightforward: if the finished product needs to go in the fridge, it's not cottage food.

All Pickled, Canned, and Acidified Foods

This category surprises many sellers who assume shelf-stable means cottage-food-legal:

• Pickled cucumbers, pickled peppers, pickled vegetables of any kind
• Salsas and tomato sauces
• Pasta sauces
• Hot sauces and barbecue sauces
• Ketchup, mustard, and salad dressings
• Sauerkraut, kimchi, and all fermented foods

These products require precise pH control and thermal processing to be safe. Getting the acidity wrong — even slightly — creates conditions for Clostridium botulinum, the bacterium that causes botulism. Commercial production of acidified foods requires a Process Authority Review, FDA registration, and Better Process Control School certification.

Fruit Butters (Yes, Even Apple Butter)

This is the most common point of confusion. Fruit jams and jellies are permitted. Fruit butters are not.

The difference is sugar content and water activity. Standard fruit jams follow the federal identity standard (21 CFR Part 150) with enough sugar to achieve low water activity. Fruit butters — apple butter, pumpkin butter, peach butter — use less sugar and retain more moisture, leaving them in the danger zone for pathogen growth at room temperature.

Meat, Poultry, and Seafood Products

All meat, poultry, and seafood products are prohibited, including:

• Jerky (beef, turkey, or any meat)
• Dried or smoked fish
• Any product containing meat, poultry, or seafood as an ingredient

These require licensed commercial processing rather than the cottage food exemption.

Dairy Products

Every dairy product falls outside the cottage food exemption:

• Raw milk (raw milk sales are illegal in Michigan under the Grade A Milk Law)
• Pasteurized milk, cheese, yogurt, ice cream, and butter

Dairy processing is strictly regulated by MDARD regardless of production volume.

Beverages

No liquid beverages of any kind qualify as cottage food:

• Fruit and vegetable juices
• Apple cider
• Tea and coffee (as prepared beverages — roasted coffee beans are fine)
• Kombucha
• Lemonade
• Any fermented liquid

Other Prohibited Items

• Garlic-in-oil and herb-in-oil mixtures — anaerobic environment creates botulism risk
• Raw seed sprouts — high pathogen risk
• Cut fresh melons and cut fresh tomatoes — exposed surfaces support bacterial growth
• Pet foods and pet treats — regulated separately
• Confections containing actual liquid alcohol — falls under Michigan Liquor Control Commission
• Herbal supplements or tinctures making health claims — regulated as dietary supplements

What to Do if Your Product Is Prohibited

If the food you want to sell appears on this list, you have two options. You can reformulate your recipe to stay within the permitted category — swapping cream cheese frosting for buttercream, for instance. Or you can pursue commercial licensing through MDARD or your local health department, which means operating out of a licensed kitchen.

The Michigan Cottage Food & Home Food Business Guide covers both paths — the full product eligibility matrix and a step-by-step commercial transition checklist for when your business outgrows the cottage food exemption.

See more Michigan guides →