Arizona Cottage Food Law: ADHS Registration, Allowed Foods and Label Rules
Arizona Cottage Food Law: ADHS Registration, Allowed Foods and Label Rules
If you bake, cook or preserve food at home and want to sell it in Arizona, the state has a defined path. People searching for an arizona cottage food license are usually looking for the ADHS registration, which is the document that lets a home food preparer sell legally. Arizona calls it a registration, not a license, and it does not inspect your kitchen. The registration, the food rules and the label requirements do all the work of the program.
This guide covers the registration steps, which foods qualify, how HB 2042 (2024) changed the rules for time or temperature control foods, kitchen and label requirements, and the tax and business setup items that come next. This is informational content, not legal or tax advice. Confirm current requirements with the Arizona Department of Health Services (ADHS) before you sell.
What the law says
Arizona's cottage food rules sit in statute at ARS 36-931 and 36-932, with implementing rules in the Arizona Administrative Code at R9-8-101.01 and R9-8-101.02. A home-based cottage food operation is not permitted or inspected the way a licensed food establishment is. ADHS does not issue a health permit for your kitchen and does not send an inspector to it. What it does require is that you, the preparer, register with the agency before you sell.
The ADHS registration, step by step
Registration has three parts:
- Food handler course certificate. Complete a food handler course from an accredited program and submit the certificate with your registration.
- Signed attestation. Read the attestation text on the ADHS page before you sign it. Your signature is part of the filing.
- Renewal and reporting. The registration renews every 3 years. Report changes to the information on file within 30 days.
Neither the statute nor the rule sets a registration fee that we could confirm. Do not assume the registration is free. Check the ADHS Cottage Food Program page for the current fee and submission method before you file.
Which foods you can make
Cottage food has traditionally covered foods that do not need time or temperature control to stay safe, such as many baked goods and shelf-stable products. Those foods are the core of the program. Check the ADHS rule's category list before you commit to a product line, because a product that looks shelf-stable may not fit the category as written.
HB 2042: time and temperature control foods
HB 2042, enacted in 2024, allows foods that need time or temperature control for safety (TCS foods) to be sold under cottage food rules, as ADHS sets out in its rules. The rules took effect February 4, 2025. Sales channels depend on the food:
| Food type | Sales allowed | Delivery |
|---|---|---|
| Dairy | In person or remotely | Must be delivered in person. No third-party delivery platforms. |
| Meat or poultry | In person or remotely | Must be delivered in person. No third-party delivery platforms. |
| Other TCS foods | Under ADHS rules | Confirm conditions with ADHS before you add the product |
A remote sale of dairy or meat is still an in-person delivery. An online order works only if you hand the product to the customer yourself. Using a delivery app for these items puts the sale outside the rule.
Kitchen rules
The home kitchen can be up to 1,000 square feet. Ask ADHS how the kitchen area is measured and whether a space shared with other household uses counts toward that figure. Your kitchen does not get an ADHS inspection, but the food still has to be prepared safely and labeled correctly.
Label requirements
Every package needs a label that includes:
- The preparer's name and ADHS registration number
- Ingredients
- The production date
- The home kitchen statement and the pet allergen statement required by statute
- The ADHS website
Get the exact wording of the two statements from the statute or from ADHS before you print labels. Do not paraphrase them.
Sales limits
The statute sets no dollar sales cap. Your sales are limited to what federal law allows. Federal rules are outside this guide, so have a food-safety professional or attorney confirm how they apply to your products and volume.
Taxes and other licenses
Arizona has no general state business license. The main state item is the Transaction Privilege Tax (TPT) license from the Arizona Department of Revenue. It is a tax license, and it costs $12 per location. Ask the Department of Revenue whether your sales are taxable and whether you need a TPT license for them.
Local rules are separate. Many cities require their own business license on top of the state requirements, so check your city or town. Counties issue no general business license. Regulated professions have their own boards, and the Registrar of Contractors licenses contractors, so it does not apply to a food business unless you also do construction work.
Arizona's individual income tax is a flat 2.5 percent. A sole proprietor reports cottage food income on the owner's Arizona return, so set aside money for it.
Choosing a business structure
Many cottage sellers start as sole proprietors and form an LLC when sales grow or when they want a separate legal entity. The state filings differ by structure:
| Structure | Formation filing | Recurring state filing |
|---|---|---|
| Sole proprietor | No Corporation Commission formation filing | None from the Corporation Commission |
| LLC | Articles of Organization (Form L010), $50 filing fee | None. LLCs file no annual report. |
| Corporation | Articles of Incorporation, $60 filing fee, with a Certificate of Disclosure | Annual report, $45 for a for-profit corporation |
Arizona's Corporation Commission files LLC and corporation documents through the Arizona Business Center. Expedited review adds $35 to the filing fee, making an expedited Articles of Organization $85 total. Accelerated tiers cost extra: $100 for next day (received by 5pm), $200 for same day (received by 10am) and $400 for two-hour service (available 8am to 3pm). Regular LLC processing runs about 9 to 11 business days, and expedited processing about 2 to 4 business days. Accelerated service guarantees an examination within the stated window, not approval.
An LLC name must contain the words limited liability company or an abbreviation such as LLC or L.L.C., and it cannot contain words such as corporation or incorporated. An LLC must publish notice unless its statutory agent's county is Maricopa or Pima. Name reservation costs $10 and holds the name for 120 days.
Trade names are different. You register a trade name, such as a brand name you sell under, with the Arizona Secretary of State's Business Services Division, and the registration is optional. The Corporation Commission does not handle trade names. Confirm the current trade name fee on the Secretary of State page, because no fee is confirmed.
If you form a corporation, the corporate income tax is 4.9 percent of net income or $50, whichever is greater. An LLC that elects corporate treatment pays the same rate. Talk with a CPA before you choose that election.
Step-by-step checklist
- Confirm each product fits the cottage food categories, and decide whether any TCS foods are included.
- Complete a food handler course from an accredited program.
- Register with ADHS: submit the certificate and signed attestation, and confirm the fee on the ADHS page.
- Confirm your kitchen is within the 1,000 square foot limit.
- Print labels with every required item and the exact statements.
- Ask the Department of Revenue about TPT, and check your city's business license requirement.
- Choose a structure, check your name, and file with the Corporation Commission if you form an LLC or corporation.
- Calendar the 3-year renewal and the 30-day change reporting deadline.
Common mistakes
- Selling dairy or meat through a third-party delivery platform.
- Treating the registration as one-time paperwork and missing the 3-year renewal.
- Failing to report changes to the information on file within 30 days.
- Using a generic label that leaves out the registration number or required statements.
- Assuming a county license is needed. Counties issue no general business license, but cities may require one.
When to talk to a professional
An attorney can advise on entity choice, contracts and liability. A CPA can advise on tax treatment, including the TPT question and the choice between a pass-through entity and a corporation. The Arizona Small Business Development Center Network (AZSBDC) offers business advising and is a good starting point for a first-time seller.
Official resources
- ADHS Cottage Food Program page: find it through the ADHS website and confirm the current fee there
- Arizona Corporation Commission: https://azcc.gov/corporations
- Arizona Business Center filings: https://arizonabusinesscenter.azcc.gov/
- Secretary of State trade names: https://azsos.gov/business/tntm
- Department of Revenue TPT license: https://azdor.gov/business/transaction-privilege-tax/tpt-license
- AZSBDC: https://www.arizonasbdc.com/
This guide is informational content and is not legal or tax advice. Rules change, so confirm current requirements with ADHS, the Department of Revenue and the Corporation Commission, and consult a qualified attorney or CPA for your situation.