Which laws apply

• Cottage food law (ORS 616.723)
• Licensed domestic kitchen program

Allowed foods

Allowed (cottage food, ORS 616.723 / OAR 603-025-0320): baked goods; confectionary items (including freeze-dried); coffee beans; dried tea, spice or seasoning blends from commercial food; popcorn; jams and jellies made only with fruit of natural pH under 4.60; honey or honey products using commercial food; syrups; fruit butters made only with fruit of natural pH under 4.60; nut mixes; repackaged freeze-dried foods from commercial food; repackaged dried and dehydrated foods from commercial food; powdered drink mixes from commercial food. All must be non-time/temperature-controlled-for-safety and contain no cannabis. Not allowed as cottage food: any food needing refrigeration or temperature control to stay safe. Licensed Domestic Kitchen (ODA-licensed) allows a broader product line but prohibits: low-acid canned foods, fluid milk and milk products (yogurt, cheese, ice cream), meat or meat products, animal food containing meat, and catering. Acidified foods may be possible with a process authority analysis and Better Process Control School certification.

Sales caps

Cottage food exemption: $52,700/year in gross sales, effective March 13, 2026 (ODA rule DOA 95-2026 amending OAR 603-025-0320; statutory base $50,000 set by SB 643, adjusted annually for CPI per ORS 616.723(9); was $51,200 in 2025). Licensed Domestic Kitchen licensees have no statutory sales cap — if production exceeds the home kitchen's capacity, the operator must move to a commercial kitchen with a food processing or bakery license.

Permit steps

1. Cottage food tier: no license, registration or inspection required under ORS 616.723. ODA may inspect only on complaint or foodborne-illness report.
2. Each cottage food employee must hold a valid food handler certificate (ORS 624.570 / OAR ch. 333 div. 175).
3. Maintain the domestic kitchen per OAR 603-025-0320: separate closed storage for cottage-food ingredients, containers and labels; separate refrigerated storage for perishable ingredients; no pets or other domestic activities (meal prep, laundry, cleaning, entertaining) during production.
4. Label per ORS 616.723(6) / OAR 603-025-0325; request an ODA Unique Identification Number ($25 application, $25 renewal, expires June 30) to use on the label instead of your home address.
5. Licensed Domestic Kitchen tier: apply to ODA (fees set by gross-sales tier; current fee schedule could not be verified from a primary source — see recent_changes note), then pass a pre-licensing inspection.
6. Licensees must meet potable water requirements (private wells need coliform/E. coli lab testing before approval and annually), approved wastewater/septic disposal, and confirm local land-use/zoning compliance (LUCS) with city and county.
7. ODA conducts routine inspections (not county health departments); kitchens must be available weekdays 8 a.m.–5 p.m. Licenses run July 1–June 30 and fees are not prorated.

How to start in Oregon

1. Decide your tier: cottage food (no license, non-TCS foods only, $52,700 annual cap) or licensed Domestic Kitchen (broader foods, inspected by ODA). 2. Cottage food tier: complete food handler training — every employee must hold a valid food handler certificate (ORS 624.570 / OAR ch. 333 div. 175). No application or inspection is required. 3. Set up your kitchen to OAR 603-025-0320 sanitation standards: separate closed storage for cottage-food ingredients/containers/labels, separate refrigeration for perishable ingredients, separate area for household chemicals, and no pets, meal prep, laundry, cleaning or guests in the kitchen during cottage-food production. 4. Label every product with the 'not prepared in an inspected food establishment' statement plus: name and phone number, address (or ODA-issued Unique Identification Number) of the establishment, product name, ingredients in descending order, net weight/volume, allergen warnings, and pet presence if pets live in the dwelling. 5. For the licensed Domestic Kitchen tier: contact ODA Food Safety for your local inspector, verify local zoning/LUCS with your city/county, apply to ODA with the license fee, and pass a pre-licensing inspection (potable water test results and wastewater/septic documentation required). 6. Domestic kitchen licensees must be available for ODA routine inspections weekdays 8 a.m.–5 p.m.; licenses run July 1–June 30 with full-year fees. 7. Sell only through allowed channels (see sales channels): keep records of any retailer agreements and signage.

Recent changes

2024: SB 643 (2023), ch. 211, signed 6/12/2023, effective 1/1/2024 — overhauled the cottage food law. Expanded allowed foods from baked goods/confectionary only to 13 categories (coffee, popcorn, jams, honey, syrups, nut mixes, freeze-dried/repackaged items, etc.); replaced the $20,000 annual cap with a $50,000 cap adjusted yearly by ODA for inflation; removed the 'end user only' and internet-sale bans so direct sales are allowed 'in any manner' (home, online, mail, events) and retail sales are allowed when the retailer stores/displays the food separately with 'homemade' signage; added an ODA-issued Unique Identification Number as a label address alternative; and clarified pets may be excluded from the prep area but cannot be grounds to bar sales. 2025: HB 2805, ch. 440, signed 6/26/2025, effective 1/1/2026 — removed the cap on ODA food-establishment license fee increases; ODA may now raise license fees up to 3% per year by rule (affects domestic kitchen licensees). 2026: ODA rulemaking DOA 95-2026, effective 3/13/2026, raised the cottage food annual gross sales cap from $51,200 to $52,700 under the ORS 616.723(9) CPI inflation adjustment. Pending/future: ODA's 2027 legislative concept list (LC 603-05, 'Food Safety License Exemptions,' June 2026 Board of Agriculture packet) proposes replacing ORS 616.723 with a registered 'Class A' framework — mandatory registration with UIN, allergen labeling, all sales channels open (direct, retail, wholesale within Oregon), a graduated step-up to a domestic kitchen license at a $50,000 cap instead of a regulatory cliff, and product scope set by rule so food-science-supported additions skip a legislative cycle. This is a concept only, not yet a bill. No food freedom act exists in Oregon.

Official sources

• ORS 616.723 — cottage food / residential dwelling exemption (Oregon Legislature)
• ODA Domestic Kitchen License requirements handout (Oct 2024, Food Safety Program)
• ODA 2026 rulemaking DOA 95-2026 — cottage food cap raised to $52,700 for inflation
• SB 643 (2023) enrolled bill text — expanded cottage food law (OLIS)
• ODA 2027 legislative concept list LC 603-05 — proposed Class A cottage food replacement (Board of Agriculture, June 2026)
• HB 2805 (2025) staff measure summary — ODA food establishment license fee authority (OLIS)