Selling home-produced foods that use fresh fruit: know the laws

By:Peggy Kirk Hall, Attorney and Director, Agricultural & Resource Law Program Tuesday, July 01st, 2025

Fresh fruits are coming into season all across Ohio, offering those who sell home-produced foods opportunities for new seasonal products.  But it’s important to know how Ohio law regulates fruit-based foods, which can include a wide range of products such as jams, pies, and cheesecakes.  Some of these food products are safe to make at home and sell to consumers with just minimal regulatory requirements, but producers might be surprised to learn that some fruit-based product ideas might require a different license or simply cannot be legally produced in a home-based kitchen.  Here’s a rundown on different laws that apply to fruit-based home-produced foods.

Baked goods using fresh fruit

Adding fresh fruit to baked goods such as muffins, cookies, breads, pies, and cakes is permissible under Ohio’s “Cottage Food Law.”  The cottage food law regulates lower-risk foods and allows home producers to make and sell foods on the cottage food list without a license, although the law does contain labeling requirements and marketing restrictions on cottage foods.  For baked goods, the Cottage Food Law allows home-based producers to make any “non-hazardous” baked good without the need for a license or inspection.  Non-hazardous baked goods includes cookies, brownies, cakes, breads, fruit pies, cobblers, granola bars, and unfilled baked donuts.

But note that using fruit in certain ways can affect the food safety risk and change whether the Cottage Food Law applies to the food.  Here are three exceptions when using fruit with baked goods: Continue reading Selling home-produced foods that use fresh fruit: know the laws