Which laws apply

• Exempt Homestead Food Operation (no license required)
• Licensed Homestead Food Operation (Class H Homestead License under RSA 143-A:4)

Allowed foods

Only non-potentially hazardous foods (foods that do not require time and temperature control for safety, i.e., non-TCS) may be produced and sold under New Hampshire's homestead framework. Per NH DHHS, allowed products include breads, rolls, muffins, cookies, brownies, double-crusted fruit pies, candy, fudge, packaged dry products (including spices), pickles, jams and jellies, roasted coffee, and dried herbs. 'Potentially hazardous food' (RSA 143-A:12, I(b)) means foods capable of supporting rapid pathogenic growth or botulinum toxin production, including processed acidified and low-acid canned foods under the original definition — but HB 1565-FN (2024, Chapter 77, eff. 8/13/2024) removed 'processed acidified' foods from the PHF definition, so properly acidified products such as pickles and relishes now qualify (UNH Extension guidance notes process review is required for non-NCHFP recipes; BBQ sauces require process review). Still prohibited: TCS foods such as cheesecakes, custards, pumpkin pies, soups, sandwiches, meat/poultry/seafood, eggs, dairy, and low-acid canned foods like canned gravies. Freeze-dried foods (fruits, vegetables, and commercially prepared dairy) may be sold only under a license, effective 11/12/2025 (HB 505-FN, Chapter 193).

Sales caps

No sales cap. HB 119-FN (2023, Chapter 180; homestead provisions effective October 3, 2023) removed the former $35,000 maximum annual gross sales threshold for the homestead food licensure exemption in RSA 143-A:5, VII. RSA 143-A:12, II–III still reference 'the maximum annual gross sales of food as defined in RSA 143-A:5, VII,' but that definition no longer contains a dollar figure, and NH DHHS's current Homestead Food Operations guidance lists no dollar limit: a license is not required when selling non-potentially hazardous food only from the residence, the operator's own farm stand, farmers' markets, or retail food stores. There is no scheduled future cap change.

Permit steps

1. Confirm eligibility: you produce only non-potentially hazardous (non-TCS) foods in the home kitchen or a qualifying food production area of your primary New Hampshire residence. Potentially hazardous foods (TCS foods, low-acid canned foods) can never be made or sold as homestead food.
2. Determine whether a license is needed. NO license is required if you sell your non-potentially hazardous foods only from your own residence, from your own farm stand, at farmers' markets, or to retail food stores (exempt homestead food operator per NH DHHS).
3. A Class H Homestead Food License IS required (per RSA 143-A:12, III, licensed under RSA 143-A:4) if you sell to restaurants or other food establishments other than retail food stores, over the Internet, by mail order, or to wholesalers, brokers, or other food distributors who will resell your products — and, since November 12, 2025 (HB 505-FN, Chapter 193), if you process and sell freeze-dried foods (fruits, vegetables, and commercially prepared dairy), even when sold at otherwise-exempt venues.
4. If a license is required, submit the NH DHHS Food Protection Section's Application for Annual Homestead License before selling; the DHHS application lists a $150 Class H homestead license fee.
5. Label all packaged products per RSA 143-A:12 (as amended by Chapters 46 and 193): operation name, address, and phone number; product name; ingredients in descending order of predominance by weight; and allergy information. Exempt operators must also state 'This product is exempt from New Hampshire licensing and inspection.' Licensed operators must state 'This product is made in a residential food production area licensed by the New Hampshire Department of Health and Human Services.'
6. No routine inspection applies: the department may inspect exempt operations only when it has reason to suspect an imminent health hazard (RSA 143-A:12, II). Note that as of July 2, 2026 (SB 418, Chapter 246), municipalities and local health officers may not require separate local licenses, restrictions, or exclusions for exempt homestead food activities.

How to start in New Hampshire

1. Confirm your products qualify: only non-potentially hazardous (non-TCS) foods, produced in the home kitchen or a qualifying 'food production area' (handwashing station, cleanable surfaces, pest-free, pet exclusion) of your primary New Hampshire residence. 2. Decide your sales channels: if you sell only from your residence, your own farm stand, farmers' markets, or retail food stores, no license is needed — you are an exempt homestead operator. 3. If you plan to sell to restaurants or other food establishments (other than retail stores), over the Internet, by mail order, to wholesalers/distributors, or you will process and sell freeze-dried foods, apply to the NH DHHS Food Protection Section for the annual Class H Homestead Food License before you begin (submit the DHHS application and the $150 license fee). 4. Prepare compliant labels for every packaged product: operation name, address, phone number; product name; ingredients in descending order by weight; allergy information; plus 'This product is exempt from New Hampshire licensing and inspection.' (exempt operators) or 'This product is made in a residential food production area licensed by the New Hampshire Department of Health and Human Services.' (licensed operators). 5. Keep production records and sanitary conditions — DHHS may inspect on complaint or when an imminent health hazard is suspected. 6. Note that as of July 2, 2026, cities and towns cannot require you to get a separate local license or add local restrictions for exempt homestead food activities.

Recent changes

2023: HB 119-FN (Chapter 180, signed 8/4/2023; homestead provisions eff. 10/3/2023) removed the former $35,000 maximum annual gross sales threshold for the homestead licensure exemption in RSA 143-A:5, VII — New Hampshire homestead food sales are now uncapped. A separate 2023 bill, HB 122-FN ('relative to microenterprise home kitchen operations'), which would have created a MEHKO-style meal-service regime (up to 30 meals/day, 60/week, including potentially hazardous foods), was killed in the House on 1/3/2024 (inexpedient to legislate) and did not become law. 2024: HB 1565-FN (Chapter 77, approved 6/14/2024, eff. 8/13/2024) removed 'processed acidified' foods from the definition of 'potentially hazardous food' in RSA 143-A:12, I(b), opening homestead production to acidified foods such as pickles and relishes. 2025: three homestead laws — HB 150 (Chapter 18, eff. 7/13/2025) allows homestead operations to use commercial kitchen equipment that can be cleaned and sanitized; HB 307 (Chapter 46, approved 5/29/2025, eff. 7/28/2025) allows production in a 'food production area' in the primary residence meeting handwashing, storage, sanitation, and pet-exclusion standards (incorporating HB 150 and the QR-code/labeling options of HB 304); HB 505-FN (Chapter 193, approved 7/15/2025, eff. 11/12/2025) requires licensure for homestead operations that process and sell freeze-dried foods (defined as fruits, vegetables, and commercially prepared dairy). 2026: SB 418 (Chapter 246, approved and effective 7/2/2026) added RSA 147:1, IV, prohibiting municipal governing bodies and local health officers from requiring licenses, restrictions, or exclusions for homestead food activities exempt under RSA 143-A:12 or RSA 143-A:5, VII. No pending homestead-kitchen bills were identified as of this writing; the 2026 session concluded with SB 418 enacted.

Official sources

• NH DHHS — Homestead Food Operations (official agency guidance)
• HB 307, Chapter 46 (2025): food production area for homestead food — final enrolled text
• HB 505-FN, Chapter 193 (2025): licensure for freeze-dried homestead foods — final enrolled text
• HB 1565-FN, Chapter 77 (2024): 'processed acidified' removed from PHF definition — final enrolled text
• SB 418, Chapter 246 (2026): municipalities barred from licensing/restricting exempt homestead foods — final enrolled text
• HB 119-FN (2023) amendment 2023-0629h striking the $35,000 sales cap from RSA 143-A:5, VII (bill became Chapter 180)
• NH Dept. of Agriculture, Markets & Food — Laws & Rules (lists RSA 143-A:12 Homestead Food license)