Food category
Pickles & Fermented Foods
Acidified or fermented vegetables, pickles, salsa, and sauces.
Informational only, not legal advice.
Status by state
- Arizona /AZ Allowed
- California /CA Prohibited
- Florida /FL Prohibited
- Georgia /GA Allowed with limits
- Illinois /IL Allowed with limits
- Indiana /IN Prohibited
- Maryland /MD Prohibited
- Massachusetts /MA Prohibited
- Michigan /MI Prohibited
- Missouri /MO Prohibited
- New Jersey /NJ Prohibited
- New York /NY Prohibited
- North Carolina /NC Allowed with limits
- Ohio /OH Prohibited
- Pennsylvania /PA Allowed with limits
- Tennessee /TN Allowed
- Texas /TX Allowed
- Virginia /VA Allowed with limits
- Washington /WA Prohibited
- Wisconsin /WI Allowed with limits
Status comes from each state's allowed and prohibited lists, or from the state's own guidance where the lists don't settle it. "Allowed with limits" means the state allows some products in this category but not others. "Unclear" means the cited sources don't say either way.
Of the 20 states covered, 3 allow pickles & fermented foods, 6 allow it with limits, 11 prohibit it, and in 0 the official sources don't settle it.
What each state's lists say
Arizona: Yes
Allowed list:
- Salsas and hot sauces, pickles and pickled vegetables, and fermented foods (e.g., kimchi, sauerkraut, miso)
California: No
Prohibited list:
- Salsa
- Pickles, hot sauce, and other canned low-acid or acidified foods
Florida: No
Prohibited list:
- Canned fruits and vegetables, chutneys, vegetable butters and jellies, flavored oils, hummus, garlic dip, salsas
- Canned pickled products such as corn relish, pickles, and sauerkraut
Georgia: Yes, with limits
HB 398 lists dill pickles among non-potentially hazardous foods (O.C.G.A. § 26-2-470(7)). GDA's Cottage Food FAQ says cooked vegetable products such as salsas and tomato sauces do not qualify. Other pickled or fermented foods are not named.
Source: HB 398 (2025), O.C.G.A. § 26-2-470 et seq., § 26-2-470(7) · Verified Oct 21, 2026
Source: Georgia Dept. of Agriculture — Cottage Food FAQ · Verified Oct 21, 2026
Illinois: Yes, with limits
410 ILCS 625/4(b)(2)–(3): to sell a fermented or acidified food, the operator must submit a USDA- or extension-tested recipe, or a written food safety plan plus a pH test for each product category. Canned products must be processed in a boiling water bath in a Mason-style jar or glass container; uncanned ones must be kept at or below 41 degrees. Canned tomatoes or canned products containing tomatoes need an exactly followed tested recipe or an annual commercial lab test ((b)(1.6)).
Source: 410 ILCS 625/4 (Food Handling Regulation Enforcement Act, Sec. 4), subsec. (b)(1.6), (b)(2)–(3) · Verified Oct 21, 2026
Indiana: No
Prohibited list:
- Pickles, relish, chow chow, chutney, marinades, and other acidified or pickled foods
- Fermented foods (e.g., kimchi, sauerkraut) and kombucha
Maryland: No
Prohibited list:
- Acidified or pickled products (e.g., corn relish, pepper jelly, pickled beets, pumpkin butter, salsa)
- Fermented foods, except sourdough bread (e.g., kimchi, kombucha, pickles, sauerkraut, kefir, yogurt)
Massachusetts: No
Prohibited list:
- Tomato and barbeque sauce, pickled products, relishes, and salad dressings
Michigan: No
Prohibited list:
- Sauces and condiments (e.g., barbecue sauce, hot sauce, ketchup, mustard), salad dressings, salsas, tomato and spaghetti sauces, and hummus
- Canned, acidified, or pickled foods (e.g., pickles, sauerkraut, corn relish, pickled beets, canned peaches)
- Fermented foods and beverages (e.g., kombucha, olives, sourdough starter)
Missouri: No
Prohibited list:
- Salsa, pickles, and sauces (BBQ sauce, hot sauce, etc.)
New Jersey: No
NJDOH's approved product list includes no pickled, fermented, or acidified foods, and its prohibited ingredients list bars vegetables (fresh, cooked, fried, or dried) and peppers; applications with prohibited ingredients are denied. Hot sauce, barbecue sauce, and tomato ketchup or sauce are excluded from the vinegar and mustard category.
Source: NJDOH — Cottage Food: Approved Food Products · Verified Oct 21, 2026
Source: NJDOH — Cottage Food: Prohibited Food Products · Verified Oct 21, 2026
Source: NJDOH — Cottage Food: Not Sure/Need Assistance · Verified Oct 21, 2026
New York: No
Prohibited list:
- Pickles, relishes, jalapeños, sauerkraut
- Sauces, salsas, marinades, mustards, ketchups, vinegars
North Carolina: Yes, with limits
NCDA&CS lists acid and acidified foods (e.g., pickles, BBQ sauce) as allowed, but asks producers to contact the office first. They must meet federal acidified-food rules (21 CFR 114 and 108), may need product testing with a Process Authority Letter, and may need to complete an Acidified Food Course.
Source: NCDA&CS Food & Drug Protection — Home Processor · Verified Oct 21, 2026
Ohio: No
Prohibited list:
- Acidified foods (e.g., pickles)
Pennsylvania: Yes, with limits
PDA allows acid, acidified, and fermented foods (e.g., pickles, sauerkraut, kimchi, salsa) only if lab testing shows a finished equilibrium pH of 4.6 or below. Products between pH 4.2 and 4.6 need Process Authority approval, and batch pH records are required.
Source: PDA Application Packet — Limited Food Establishments (Rev 10-2024) · Verified Oct 21, 2026
Tennessee: Yes
Tennessee allows any cottage food not on its prohibited list, and no pickles & fermented foods item is on it. Source: 2025 Tenn. Pub. Acts ch. 431 (SB 484 / HB 130), amending T.C.A. § 53-1-118, § 4 (T.C.A. § 53-1-118(b)(3)) · Verified Oct 5, 2026
Texas: Yes
Texas allows any cottage food not on its prohibited list, and no pickles & fermented foods item is on it. Source: Texas DSHS — Texas Cottage Food Production · Verified Sep 15, 2026
Virginia: Yes, with limits
Allowed list:
- Jams and jellies not considered low-acid or acidified low-acid foods (e.g., blueberry, grape, peach, strawberry)
- Pickles and other acidified vegetables with a finished equilibrium pH of 4.6 or below (e.g., pickled vegetables, relishes, chow-chow, acidified salsa), up to $9,000 in gross sales a year
Prohibited list:
- Barbecue sauces, hot sauces, salad dressings, and fresh salsa
- Canned acid foods, canned fermented foods, canned fruits, low-acid canned vegetables, and canned foods that need refrigeration for safety
Washington: No
Prohibited list:
- Canned fruits, vegetables, vegetable butters, salsas, etc.
- Canned pickled products such as corn relish, pickles, and sauerkraut
Wisconsin: Yes, with limits
Allowed list:
- Home-canned fruits and vegetables that are naturally acidic or acidified by pickling or fermenting, with a pH of 4.6 or lower: pickled fruits and vegetables (not refrigerator pickles), salsas and chutneys, sauerkraut and kimchi
Prohibited list:
- Fish, meat, pickled eggs, lemon curd, pesto, or dressings, regardless of pH