Homemade marshmallows are candy: sugar, syrup and gelatin whipped and set, shelf-stable at room temperature, so cottage food laws allow them. Michigan allows candy that doesn't need temperature control; California's approved list includes candy; Minnesota allows food that isn't potentially hazardous, with a registration and training; and North Dakota allows sales straight to the customer. Flavors with chocolate or dried fruit are still candy; a marshmallow topped with fresh cream isn't. The label lists gelatin by name, and customers will ask what it's made from. In the example below, a Minnesota home marshmallow maker gets ready for a holiday market.
The short version
- Marshmallows are candy: a cottage food in all four states here.
- Michigan and California allow candy; Minnesota with a registration and training.
- North Dakota: direct to the customer.
- Chocolate and dried fruit flavors are fine; fresh cream toppings aren't.
- List gelatin by name.
- Dust and seal them so they don't stick or dry out.
- TaroStack keeps each customer's order and each batch's lot. More below.
Marshmallows, state by state
| Product | Michigan | Minnesota | North Dakota | California |
|---|---|---|---|---|
| Vanilla bean marshmallows | Yes | Yes, registered | Yes | Yes, on the list |
| Chocolate-dipped marshmallows | Yes | Yes, registered | Yes | Yes, on the list |
| Marshmallows with a whipped cream topping | No: needs temperature control | No: potentially hazardous | Frozen, with labels | No: not on the list |
The business beyond home is in marshmallow business plan, and bags and tins in how to package marshmallows for sale.
The rules
| State | Rule |
|---|---|
| Michigan | Food that isn't time/temperature control for safety, including jams, candy, dried fruit, granola, dry mixes, vinegar, dried herbs and baked goods; not meat or poultry, milk products, beverages, salsa, or canned foods other than standardized jams (MCL 289.1105(k)); prepackaged, labeled with the home kitchen statement, sold straight to the consumer (MCL 289.4102) |
| Minnesota | Food that isn't potentially hazardous, and home-canned pickles, vegetables or fruits at pH 4.6 or lower or water activity 0.85 or less; registration every year and approved food safety training (Minn. Stat. 28A.152) |
| North Dakota | No state license for cottage food sold directly to an informed end consumer; foods that need refrigeration labeled with safe handling instructions and as transported and maintained frozen; no uninspected meat, poultry only from the seller's own birds (N.D.C.C. 23-09.5-02) |
| California | Cottage foods are nonpotentially hazardous foods on the approved list, among them baked goods without cream, custard or meat fillings, candy, chocolate-covered nonperishables, dried fruit, dried pasta, granola, herb blends, honey, standardized jams, nut butters, popcorn, vinegar and mustard, roasted coffee and dried tea (HSC 114365.5); Class A sells directly, Class B also through shops and restaurants (HSC 113758) |
This is general information, not legal advice.
An example: a Minnesota holiday market
North Star Mallows, a made-up home marshmallow maker in Duluth, Minnesota, registered as a cottage food producer and took the approved training. Vanilla bean, peppermint and chocolate-dipped marshmallows go to a December market in sealed bags, labeled with the ingredients, gelatin among them. A customer asked for marshmallows topped with whipped cream for cocoa; the cream needs refrigeration, so it isn't a Minnesota cottage food. Minnesota's rules in full are in minnesota cottage food law.
Get the checker
Download the home marshmallows checker. Two sheets: your products, whether each needs refrigeration, is meat or poultry, a milk product, a canned food other than jam, or a drink, and whether it's on California's list; how Michigan's, Minnesota's, North Dakota's and California's cottage food laws treat it fill in; and each state's rules as read for this article. It's an ordinary Excel file with no macros, and it works in Google Sheets, LibreOffice and Numbers.
Where this stops working
The rules decide what can be sold. A holiday rush, four flavors and online orders picked up in person are where a batch can't be told from the next.
How TaroStack does it
TaroStack keeps each customer's order and each batch's lot, and what each bag costs.
Orders. Each customer's order goes in for its pickup or market day, with a picking list.
Each batch a lot. A batch of bags is a batch from its recipe, with its date and lot, and the lot goes on each order it fills.
True cost. Each bag is costed from its recipe and the batch, at what the ingredients actually cost.
| The job | Paper | In TaroStack |
|---|---|---|
| Who gets what on market day | Order sheets | Orders by day |
| Which batch went to which customer | Not recorded | Lots on each order |
| What a bag costs | A guess | True cost from the recipe and batch |
Orders, recipes and batches are on every plan, from $49 a month. The first 30 days are free, with no credit card. If you'd like a hand setting up, ask, and we'll do it with you.