Ohio Cottage Food Laws 2026: What Changed and What's Coming

The Current Law Hasn't Changed — But Adjacent Rules Have

Ohio's core cottage food statute — ORC § 3715.025, establishing the Cottage Food Production Operation (CFPO) exemption — remains unchanged heading into 2026. No revenue cap, no licensing requirement, no routine inspections, same positive product list under OAC 901:3-20-04. If you were legal in 2025, you're still legal under the same rules.

What has shifted is the regulatory infrastructure around cottage food operations: a new mobile vending license tier that went into effect in February 2024, and a pending bill that could create an entirely new category of home food production.

The Low Risk MRFE License (Effective February 2024)

The most impactful recent change for home food sellers isn't a cottage food rule — it's a mobile vending rule. Since February 12, 2024, Ohio offers a Low Risk Mobile Retail Food Establishment (MRFE) license designed specifically for small vendors selling pre-packaged, temperature-controlled foods at farmers' markets.

This matters for licensed Home Bakery operators who sell refrigerated baked goods (cheesecakes, cream pies) at markets. Previously, they needed a full high-risk MRFE license, which required commercial mechanical refrigeration — expensive equipment with logistical headaches at outdoor venues without electrical hookups.

The Low Risk MRFE license changes the math:

• 50% lower fee than the standard MRFE license at your local health district
• Coolers with ice are legal — no commercial refrigeration unit required
• You must maintain a calibrated thermometer in each cooler and refresh ice or gel packs every four hours
• Exterior signage with your business name, city of origin, and phone number including area code in lettering at least 3 inches high by 1 inch wide is mandatory

For cottage food sellers who only carry shelf-stable products, the MRFE license isn't relevant — registered farmers' markets and farm markets don't require an additional local health department license for properly labeled cottage food.

HB 134: The MEHKO Bill (Pending — Not Yet Law)

Ohio House Bill 134 is the most significant pending change to home food production rules. It passed the House with an 88-2 bipartisan vote on November 19, 2025, and was referred to the Senate Agriculture and Natural Resources Committee on February 11, 2026.

If signed into law, HB 134 would create a third home food pathway: the Microenterprise Home Kitchen Operation (MEHKO). Here's what the bill proposes:

• Expanded product scope — hot meals, potentially hazardous foods, and home-canned items would be allowed from a home kitchen (alcohol and low-acid canned foods excluded)
• Formal registration — $25 annual fee with the ODA, plus a mandatory home kitchen inspection (fee capped at $50)
• Food safety training required — this would be the first time Ohio mandates training for a home food operation
• $150,000 annual revenue cap on potentially hazardous food sales
• Direct-to-consumer only — no wholesale to grocery stores or restaurants
• Local zoning still applies — municipalities can still restrict home business traffic

The important caveat: HB 134 is not law yet. It needs to pass the Senate, be signed by the Governor, and complete an administrative rule-making period before anyone can legally operate under its provisions. Home food sellers cannot use HB 134's expanded product scope as legal cover in 2026 — the current CFPO and Home Bakery rules are the only enforceable frameworks.

What Hasn't Changed (Common Misconceptions)

A few things people expect to see in 2026 Ohio cottage food law that aren't there:

No revenue cap was added. Ohio still imposes no annual sales limit on cottage food operations. The $150,000 cap in HB 134 would apply only to the proposed MEHKO category, not to existing CFPO or Home Bakery operations.

The approved product list wasn't expanded. The OAC 901:3-20-04 positive list — baked goods, jams, candy, granola, coffee, dry mixes — hasn't changed. Meat, poultry, standalone dairy products, hot meals, and acidified foods remain off-limits for cottage food.

Online sales rules are the same. You can sell cottage food through Instagram, Facebook, or your website, but delivery must stay within Ohio state borders. Interstate shipping remains illegal under the cottage food exemption.

Allergen labeling expanded nationally. Since January 2023, sesame is the ninth major allergen requiring declaration on food labels. This applies to Ohio cottage food labels — if your product contains sesame, it must appear in the allergen declaration.

Staying Current

The legislative calendar creates uncertainty. If HB 134 passes mid-2026, Ohio's home food landscape shifts significantly. If it stalls in the Senate, the existing two-pathway system (cottage food exemption + Home Bakery license) continues unchanged.

The Ohio Cottage Food & Home Food Business Guide covers both current pathways in detail and flags the HB 134 provisions to watch, so you can plan your operation under today's rules while understanding what might change.

See more Ohio guides →