Which laws apply

• Cottage food law
• Beekeeper honey retail exemption

Allowed foods

ALLOWED without a license (direct-to-consumer only): baked goods such as cookies, breads, cakes, cinnamon rolls, and fruit pies; fresh fruits and vegetables; nuts; honey; and home-canned traditional jams and jellies. Packaged products must be labeled with the common name of the product and the name and address of the producer. NOT ALLOWED without a KDA license: foods requiring temperature control for safety or specialized processing, including products containing milk, milk products, eggs, meat, poultry, fish, sprouts, cut leafy greens, heat-treated vegetables or starches, and cut produce. Examples KDA lists as non-exempt: cream or meringue pies, cheesecake, custards, cream-filled cupcakes/donuts, hamburger and hot dogs, burritos, egg rolls, jerky, summer sausage, cut melons, canned vegetables, pickles, alfalfa sprouts, cut/torn lettuce, and cut tomatoes. Home-canned products other than traditional jams and jellies are prohibited without proper licensing. Wholesale/retail distribution of non-exempt foods (e.g., to grocery stores or restaurants) requires a KDA food processor or food establishment license; under the general exemption the seller may not relinquish physical control of the product except to the end consumer (no consignment or unattended third-party booth sales without a processor license). RETAIL EXCEPTION: under HB 2158 (2026), qualifying beekeepers may sell packaged honey and honeycomb for sale or resale at retail without a license, provided the honey/honeycomb is unaltered and free of additives, packaged on the beekeeper's own property, harvested in Kansas, labeled with the product designation, beekeeper name/address/zip, net weight, and a 'Product not subject to routine inspection by the Kansas Department of Agriculture' disclaimer.

Sales caps

No annual sales cap on the general direct-to-consumer cottage-food exemption — KDA's guidance imposes no gross-sales limit on exempt non-TCS foods sold directly to consumers. New 2026 cap for the beekeeper retail exemption only: beekeepers selling packaged honey/honeycomb at retail under HB 2158 must keep annual gross sales of honey and honeycomb at or below $35,000 (the as-introduced bill proposed $50,000; a Senate amendment lowered it to $25,000 with registration; the March 2026 conference agreement set $35,000 and removed the registration requirement). HB 2158 was signed by the Governor on April 9, 2026 and takes effect upon publication in the statute book.

Permit steps

1. No food permit, license, registration, or inspection is required for direct-to-consumer sales of foods that do not require time and temperature control for safety or specialized processing (K.S.A. 65-689(d)(4)); KDA requires no registration for these exempt sales.
2. Confirm every product qualifies as non-TCS and non-specialized-processing: anything containing milk, meat, poultry, fish, or eggs, or that is cut, canned (other than traditional jams/jellies), pickled, fermented, or needs refrigeration requires a KDA food establishment or food processor license before it may be sold.
3. Label every packaged product with the common name of the product and the name and address of the producer (KDA labeling guidance for exempt foods).
4. Maintain physical control of the product until sale to the end consumer — consignment sales or leaving product at a booth attended by someone else is not allowed under the exemption without a food processing license.
5. Register for Kansas Retailers' Sales Tax with the Kansas Department of Revenue and collect/remit state and local sales tax on retail sales (vendors selling at five or more events per year should hold a state tax account; infrequent vendors may use KDOR special-event sales tax packets).
6. Beekeepers using the 2026 retail exemption (no license, no KDA registration, no commercial kitchen required): package honey/honeycomb on your own property; keep it unaltered and free of additives; harvest within Kansas; label with honey/honeycomb designation, your name/address/zip, net weight, and the disclaimer 'Product not subject to routine inspection by the Kansas Department of Agriculture'; follow KDA's minimum sanitary standards for packaging; keep annual gross sales at or below $35,000; and maintain sales records (amount by container size, where sold, date of sale) available to KDA on request.
7. Check local city/county zoning or home-occupation rules — local business permits or home-occupation approvals may still apply even though no state food license is required.

How to start in Kansas

1. Verify your recipes are non-TCS shelf-stable foods (baked goods, jams/jellies, nuts, honey, dry mixes) with nothing needing refrigeration and no meat, dairy, eggs, pickles, or fermented products. 2. Label every package with the product's common name plus your name and address. 3. Choose direct-to-consumer channels: your home, farmers markets, craft fairs, roadside stands, events, or online sales with shipping (note the receiving state's rules for out-of-state shipments). 4. Register for Kansas Retailers' Sales Tax with the Kansas Department of Revenue before selling and collect/remit applicable tax. 5. Check your city/county zoning office for any home-occupation or business permit requirements. 6. Start selling — there is no state license to apply for, no inspection to schedule, and no annual sales cap on exempt direct-to-consumer sales. 7. If you want to sell to retail stores or restaurants instead, apply for a KDA food processor license (or, if you are a beekeeper selling only your own packaged honey/honeycomb at retail, follow the HB 2158 exemption requirements above, including the $35,000 annual gross sales cap).

Recent changes

HB 2158 (2025-2026 session) is the only home-kitchen food-law change in Kansas during 2024-2026. Introduced January 29, 2025 by Rep. Schmoe at the request of the Kansas Honey Producers Association and the Northeastern Kansas Beekeepers Association, it amends K.S.A. 65-689 to add a beekeeper exemption (new (d)(15)): qualifying beekeepers may sell packaged honey and honeycomb for sale or resale at retail without a food establishment or food processor license, without KDA registration, and without a commercial kitchen. Legislative path: passed the House as amended Feb 19, 2025 (85-34); passed the Senate as amended Mar 20, 2025 (40-0); conference committee agreement Mar 23, 2026 adopted by the Senate (40-0) and House (110-11) on Mar 24, 2026; approved by the Governor April 9, 2026; effective from and after publication in the statute book. The final version sets the beekeeper annual gross sales cap at $35,000 and adds record-keeping and labeling requirements (including a 'not subject to routine inspection' disclaimer) in place of the registration the Senate version had proposed. No changes were made to the general direct-to-consumer exemption (K.S.A. 65-689(d)(4)) during 2024-2026, and no other home-kitchen bills were found in primary sources for this period.

Official sources

• Kansas Department of Agriculture — Food Sales at Farmers' Markets & Similar Locations (direct-to-consumer license exemption, allowed vs. non-allowed foods, labeling, internet sales)
• Kansas Legislature — HB 2158 bill page (2025-2026 session; beekeeper honey/honeycomb retail exemption; status: Signed by Governor)
• Kansas Legislature — Conference Committee Report Brief on HB 2158 (final terms: $35,000 cap, no registration, labeling disclaimer, record-keeping; signed April 9, 2026)
• Kansas Department of Revenue — Pub. KS-1223 Food Sales Tax Rate Reduction (sales tax rules for farmers' market vendors; sales tax registration requirement)