Start a home kitchen in New Hampshire

The steps, the costs, where to apply, and how to get inspection-ready — in New Hampshire's own program terms.

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

Sales cap: 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.

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).

The 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 it works, start to finish

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.

Where to apply in New Hampshire

No county or municipal opt-in program exists. Homestead food licensing is state-level under RSA 143-A, administered by the NH Department of Health and Human Services (DHHS Food Protection Section); NH counties have no role in homestead food licensing. Since July 2, 2026, SB 418 (Chapter 246, new RSA 147:1, IV) bars municipal governing bodies and local health officers from requiring licenses, restrictions, or exclusions for homestead food activities that are exempt under RSA 143-A:12 or RSA 143-A:5, VII.

Official sources — start with the agency or department that runs New Hampshire's program:

• 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)

Inspection prep (general)