Home bakery licensing guide
Selling homemade treats is allowed in New Hampshire and Massachusetts with the right permit. Here's what each state asks for, in plain English, with the official sources.
Ordering and paying on Mochipy counts as selling online. Both states require a permit for that, even when customers pick up in person. Mochipy is local pickup only, for treats that are safe without a fridge.
Guidance prepared by Mochipy to help you apply. Not legal advice and not a government decision.
New Hampshire
Home bakers in New Hampshire sell through a NH homestead food license (Class H). You don't need a registered business, a storefront or a website to set up your shop on Mochipy, and you can build it while you get your permit.
- Permit
- NH homestead food license (Class H)
- Issued by
- New Hampshire DHHS Food Protection Section (15 cities and towns, like Nashua and Manchester, license their own)
- Official fee
- $150 per year (state license)
Official information from the agency ↗
Good to know
- Only treats that are safe without a fridge. Cookies, brownies, bread, muffins are fine; cheesecakes and anything with cream, custard or cream-cheese fillings aren't allowed from a home kitchen.
- Every treat needs a full ingredient list and its allergens. Mochipy shows them to customers before they pay.
- Mochipy checks your permit before your shop can take orders. Permits usually renew every 12 months.
- Some towns add their own steps (for example Bedford, Berlin, Claremont); we'll flag it if yours does.
You'll need
- Your homestead food license (photo or PDF)
- Confirmation the food is made in your primary NH home
- A sample label
What every label needs
- Your name, address (street or email) and phone number
- The name of the treat
- Ingredients, from most to least by weight
- Allergens (milk, eggs, wheat, soy, peanuts, tree nuts, fish, shellfish, sesame)
- Net quantity, in both US and metric units (for example 12 oz / 340 g)
- A product code with the date, size and batch
- This statement, in at least 10-point type: "This product is made in a residential food production area licensed by the New Hampshire Department of Health and Human Services."
Still being confirmed: our reading of these rules (version nh-2026.10.20-1, checked 2026-10-20) hasn't been confirmed by counsel or the regulator yet. Mochipy won't open paid orders in an area until it is.
Sources
- NH RSA 143-A:12 Homestead Food Operations
Read directly by the build team, not counsel. Exempt: sales from the home, own farm stand, farmers' markets, retail food stores. License required: Internet, mail order, restaurants, resellers. The law doesn't define Internet sales; whether online order + home pickup is "from the homestead residence" is unconfirmed, so Mochipy requires the license.
- NH RSA 147:1 (2026 ch 246, SB 418)
Towns can't add licenses or restrictions for EXEMPT homestead activities. It doesn't cover licensed (Internet) operations, and its effect on zoning limits is untested.
- NH He-P 2300 Sanitary Production and Distribution of Food
Class H fee $150/year; one-year license, renew 30 days ahead. Rule text on labels lags the 2025 statute; the statute's wording is used.
- NH DHHS Homestead FAQ Reference Guide
Agency guidance: Internet sales only when licensed; net quantity in US and metric; product code; prohibited items include cheesecake, pumpkin pie, custard, cream fillings, fresh-fruit garnish, possibly moist quick breads.
- NH Homestead License Application (form HAPP, Aug 2026)
Apply at least 30 days before starting, with a product list and sample label; a pre-opening inspection follows. In self-inspecting towns only the local authority issues the license.
- NH self-inspecting cities and towns (rev. Sept 2026)
Local fees and whether each city licenses Internet-selling homestead operations weren't confirmed.
- Nashua Minor Home Occupation application
Form read directly (updated 2021); the ordinance text itself wasn't. Limits customer visits to about three a week.
Massachusetts
Home bakers in Massachusetts sell through a MA retail residential kitchen permit. You don't need a registered business, a storefront or a website to set up your shop on Mochipy, and you can build it while you get your permit.
- Permit
- MA retail residential kitchen permit
- Issued by
- The board of health of the city or town where your kitchen is
- Official fee
- Confirm with the agency
Official information from the agency ↗
Good to know
- Only treats that are safe without a fridge. Cookies, brownies, bread, muffins are fine; cheesecakes and anything with cream, custard or cream-cheese fillings aren't allowed from a home kitchen.
- Every treat needs a full ingredient list and its allergens. Mochipy shows them to customers before they pay.
- Mochipy checks your permit before your shop can take orders. Permits usually renew every 12 months.
- Some towns add their own steps (for example Boston, Lowell); we'll flag it if yours does.
You'll need
- Your residential kitchen permit from the local board of health
- Inspection date or report
- A sample label
What every label needs
- Your kitchen's name and address
- The name of the treat
- Ingredients, from most to least by weight, including the ingredients of any ingredient (like the chocolate chips)
- Net weight or volume
- Allergens, as federal labeling rules require
- Nutrition facts only if you make a health or nutrient claim (like "low sugar")
Still being confirmed: our reading of these rules (version ma-2026.10.20-1, checked 2026-10-20) hasn't been confirmed by counsel or the regulator yet. Mochipy won't open paid orders in an area until it is.
Sources
- 105 CMR 590.000 Minimum Sanitation Standards for Food Establishments (10/5/2018)
Read directly. Cottage food operations: primary-residence kitchen, non-TCS foods, sale directly to the consumer only; wholesale needs a DPH license under 105 CMR 500.
- MA DPH Residential Kitchen Questions and Answers
Read directly: direct-to-consumer includes internet sales, which need a retail residential kitchen permit. No sales across state lines.
- MA Retail Food Code Standards for Permitted Residential Kitchens (4/1/2019)
Read directly: prepackaged, labeled products; follow local zoning.
- MA S.69 (194th General Court), proposed cottage food law
Not law. Reported favorably 12/31/2025 and sent to Senate Ways and Means; no enactment found. Watch for changes.
- Lowell New Food Establishment Packet
Cottage applicants attest "There will be no customers to the residence". Cottage permit fee not stated.
- Boston Residential Kitchen Application (2021)
Not re-read; may be superseded.
Ready to start? Set up your shop now and we'll walk you through your state's steps as a checklist. You can build your menu while you get your permit.
Start selling