Selling pesto in Wyoming

Sources last read Oct 24, 2026

What Wyoming's own pages say about making pesto at home, each line linked, and the path to a store when you want one to stock it.

Run the free rules check for it: no account, no AI.

A sketch of Pesto in its tub.
General information, not advice. This is written for small food makers and cites its sources, but it is not legal, regulatory or food-safety advice, and it cannot account for your product, your state or your facility. Rules change and thresholds are adjusted yearly. Confirm anything you are about to act on with your state agency, a Process Authority, or the FDA.

Can I make pesto at home in Wyoming?

Wyoming's own pages name pesto, or foods like it, among what Wyoming says a home kitchen may make. ShelfStep found these lines by the words they use; whether they cover your product is for the Wyoming Department of Agriculture to say. Those lines, as the state writes them:

  • Wyoming's Wyoming Food Freedom Act rules: what may be made at homeWyoming Statutes §§ 11-49-102 and 11-49-103 says:“(xi) "Potentially hazardous food" means food that requires time or temperature control for safety including limiting pathogenic microorganism growth or toxin formation. "Potentially hazardous food" includes, but is not limited to, foods requiring refrigeration, dairy products, quiches, pizzas, frozen doughs, meat and cooked vegetables and beans; ... The seller of a homemade food item consisting of potentially hazardous food, except eggs and dairy products, shall be the producer of the item or a designated agent of the producer;”Wyoming Statutes §§ 11-49-102 and 11-49-103 · Read Oct 24, 2026

What rules does pesto come under beyond Wyoming's?

Outside a home kitchen, ShelfStep's plan reads pesto as a refrigerated or frozen food. The plan's own line for it, a default and not a law:

ShelfStep’s plan default, not a lawFrozen or refrigerated (non-meat): cold chain, shelf-life / challenge study, "keep frozen/refrigerated" labeling.21 CFR 114.3

What the rules behind it say, in their own words, with the page and the day ShelfStep read each. ShelfStep does not decide which of them apply to your product.

Source to check: the rules behind ShelfStep's plan for pesto
  • Acidified foods kept under refrigeration21 CFR 114.3(b) says:“and foods that are stored, distributed, and retailed under refrigeration are excluded from the coverage of this part.”21 CFR 114.3(b) · Read Oct 8, 2026
Source to check: FDA food facility registration
  • FDA's definition of a food facility21 CFR 1.227 says:“Facility means any establishment, structure, or structures under one ownership at one general physical location, or, in the case of a mobile facility, traveling to multiple locations, that manufactures/processes, packs, or holds food for consumption in the United States. ... The private residence of an individual is not a facility.”21 CFR 1.227 · Read Oct 8, 2026

Where may food made at home be sold in Wyoming?

  • Wyoming's Wyoming Food Freedom Act rules: where it may be soldWyoming Department of Agriculture, Wyoming Food Freedom Act Q&A (revised 09/10/24) says:“Can a home producer do internet sales under this Act? a. Yes, but only for delivery within Wyoming.”Wyoming Department of Agriculture, Wyoming Food Freedom Act Q&A (revised 09/10/24) · Read Oct 24, 2026
  • Wyoming's Wyoming Food Freedom Act rules: where it may be soldWyoming Department of Agriculture, Wyoming Food Freedom Act Q&A (revised 09/10/24) says:“Can out-of-state producers sell in Wyoming under the WFFA? a. No. WFFA transactions shall not involve interstate commerce.”Wyoming Department of Agriculture, Wyoming Food Freedom Act Q&A (revised 09/10/24) · Read Oct 24, 2026
  • Wyoming's Wyoming Food Freedom Act rules: where it may be soldWyoming Department of Agriculture, Wyoming Food Freedom Act Q&A (revised 09/10/24) says:“Can a person cater out of their home under this act? a. Under the Act, a producer may only cater to a private home.”Wyoming Department of Agriculture, Wyoming Food Freedom Act Q&A (revised 09/10/24) · Read Oct 24, 2026
  • Wyoming's Wyoming Food Freedom Act rules: where it may be soldWyoming Statutes § 11-49-102, Definitions says:“(xii) "Designated agent" means a person or consignment model market or food freedom store designated by the producer to facilitate producer to consumer transactions including marketing, transport, storage and delivery of food or drink products. A designated agent shall be named in writing by the producer and shall not take ownership of any food or drink product;”Wyoming Statutes § 11-49-102, Definitions · Read Oct 24, 2026
  • Wyoming's Wyoming Food Freedom Act rules: a yearly sales ceilingWyoming Statutes § 11-49-102, Definitions says:“"Producer" means any person who grows, harvests, prepares or processes any food or drink products on the person's owned or leased property, does not produce more than two hundred fifty thousand (250,000) individual food or drink products annually and does not exceed two hundred fifty thousand dollars ($250,000.00) in gross revenue annually from the food and drink products;”Wyoming Statutes § 11-49-102, Definitions · Read Oct 24, 2026
  • Wyoming's Wyoming Food Freedom Act rules: where it may be soldWyoming Statutes § 11-49-103, Wyoming Food Freedom Act says:“(i) Be directly between the producer and the informed end consumer, except as otherwise provided by this act. A producer may utilize a designated agent to facilitate a transaction.”Wyoming Statutes § 11-49-103, Wyoming Food Freedom Act · Read Oct 24, 2026
  • Wyoming's Wyoming Food Freedom Act rules: where it may be soldWyoming Statutes § 11-49-103, Wyoming Food Freedom Act says:“The seller of eggs, dairy products or a homemade food product consisting of non-potentially hazardous food may be the producer of the item, a designated agent of the producer or a third party vendor including a retail shop or grocery store as long as the sale is made in compliance with this act.”Wyoming Statutes § 11-49-103, Wyoming Food Freedom Act · Read Oct 24, 2026
  • Wyoming's Wyoming Food Freedom Act rules: where it may be soldWyoming Statutes § 11-49-103, Wyoming Food Freedom Act says:“(vi) Only occur at farmers markets, farms, ranches, producer's homes or offices, the retail location of the third party seller of non-potentially hazardous foods, eggs and dairy products or any location the producer and the informed end consumer agree to.”Wyoming Statutes § 11-49-103, Wyoming Food Freedom Act · Read Oct 24, 2026
  • Wyoming's Wyoming Food Freedom Act rules: where it may be soldWyoming Statutes § 11-49-103, Wyoming Food Freedom Act says:“Nothing in this section shall prohibit the sale of homemade food from a retail space located at the ranch, farm or home where the food is produced or at the retail location of a third party seller for non-potentially hazardous food, eggs and dairy products.”Wyoming Statutes § 11-49-103, Wyoming Food Freedom Act · Read Oct 24, 2026
  • Wyoming's Wyoming Food Freedom Act rules: where it may be soldWyoming Statutes § 11-49-103, Wyoming Food Freedom Act says:“If a retail space selling potentially hazardous food, except eggs and dairy products, is in any way associated with a commercial food establishment or offers for sale any inspected product, the retail space selling potentially hazardous homemade food shall comply with rules adopted by the department of agriculture which shall require: (i) That the retail space be physically separated from the commercial food establishment with a separate door and separate cash register or point of sale; (ii) That each separate space shall include signs or other markings clearly indicating which spaces are offering inspected items for sale and which spaces are uninspected; (iii) Separation of coolers, freezers and warehouse or other storage areas to prohibit the intermingling of inspected and uninspected products;”Wyoming Statutes § 11-49-103, Wyoming Food Freedom Act · Read Oct 24, 2026
  • Wyoming's Wyoming Food Freedom Act rules: where it may be soldWyoming Statutes § 11-49-103, Wyoming Food Freedom Act says:“(iii) Occur only in Wyoming; (iv) Not involve interstate commerce;”Wyoming Statutes § 11-49-103, Wyoming Food Freedom Act · Read Oct 24, 2026

What does Wyoming say a home-made label must carry?

  • Wyoming's Wyoming Food Freedom Act rules: the home-made labelWyoming Department of Agriculture, Wyoming Food Freedom Act Q&A (revised 09/10/24) says:“The Wyoming Food Freedom Act does not state how the producer shall inform the end consumer just that they shall inform the end consumer that any food product or food sold at a farmer’s market or through ranch, farm or home-based sales pursuant to this section (of the Act) is not certified, labeled, licensed, packaged, regulated or inspected. Failure to notify consumers means you are no longer operating under the WFFA and will be regulated pursuant to the standard Wyoming food safety requirements for licensure and compliance with the Wyoming Food Safety Rule.”Wyoming Department of Agriculture, Wyoming Food Freedom Act Q&A (revised 09/10/24) · Read Oct 24, 2026
  • Wyoming's Wyoming Food Freedom Act rules: the home-made labelWyoming Statutes § 11-49-103, Wyoming Food Freedom Act says:“(e) The producer shall inform the end consumer that any food product or food sold at a farmers market or through ranch, farm or home based sales pursuant to this act is not certified, labeled, licensed, packaged, regulated or inspected. A third party seller offering non-potentially hazardous food, eggs or dairy products for sale pursuant to this act shall inform the end consumer that the homemade food is not certified, labeled, licensed, packaged, regulated or inspected.”Wyoming Statutes § 11-49-103, Wyoming Food Freedom Act · Read Oct 24, 2026
  • Wyoming's Wyoming Food Freedom Act rules: the home-made labelWyoming Statutes § 11-49-103, Wyoming Food Freedom Act says:“(k) In addition to the requirements of this section, for sales of non-potentially hazardous food and dairy products at a retail location or grocery store the food shall not be displayed or offered for sale on the same shelf or display as food produced in a licensed establishment and shall be clearly and prominently labeled with "this food was made in a home kitchen, is not regulated or inspected and may contain allergens".”Wyoming Statutes § 11-49-103, Wyoming Food Freedom Act · Read Oct 24, 2026
  • Wyoming's Wyoming Food Freedom Act rules: the home-made labelWyoming Statutes § 11-49-103, Wyoming Food Freedom Act says:“A retail space selling homemade food under this section shall inform the end consumer that the homemade food has not been inspected and shall display a sign indicating that the homemade food has not been inspected.”Wyoming Statutes § 11-49-103, Wyoming Food Freedom Act · Read Oct 24, 2026

How do I get pesto into a store in Wyoming?

  • Wyoming's Wyoming Food Freedom Act rules: what applies beyond the home-kitchen rulesWyoming Department of Agriculture, Wyoming Food Freedom Act Q&A (revised 09/10/24) says:“Can a producer prepare food onsite at the farmers market? a. No, this becomes a temporary food stand and must be licensed through state inspection and use only food obtained in accordance with federal and state food safety law. The only exemption to this is for a person to cook a product prepared in a home kitchen and given out as samples at the farmers market.”Wyoming Department of Agriculture, Wyoming Food Freedom Act Q&A (revised 09/10/24) · Read Oct 24, 2026
  • Wyoming's Wyoming Food Freedom Act rules: what applies beyond the home-kitchen rulesWyoming Statutes § 11-49-103, Wyoming Food Freedom Act says:“(d) Except for raw, unprocessed fruits and vegetables, food shall not be sold or used in any commercial food establishment unless the food has been labeled, licensed, packaged, regulated or inspected as required by law.”Wyoming Statutes § 11-49-103, Wyoming Food Freedom Act · Read Oct 24, 2026

From there, ShelfStep's standard plan for a refrigerated or frozen food has 20 steps. The first 6 help you find out where and how pesto can be made at all, so they come first:

  1. 1.

    Write the recipe down with exact amounts

    Cost, price, nutrition and the label are all worked out from this. Write it in the units you actually use; ShelfStep converts for the label. What matters is that someone else could make the same batch from what is written.

  2. 2.

    Decide how it is kept: on a shelf, in the fridge or frozen

    The planned storage helps the reviewer assess the process, shelf life and packaging.

    In the plan: It decides which rules you follow.

  3. 3.

    Work out how it stays cold from your kitchen to the shop

    If your product needs refrigeration or freezing, plan how to keep it cold at every hand-off. Who keeps it cold at each hand-off, and how you would know if they did not, is what a buyer asks first.

  4. 4.

    Find out where you are allowed to make it for sale

    This finds out whether the state’s rules allow making this in a home kitchen or point to a commercial one — and that changes the cost and the timeline of everything after it. It is much cheaper to find out now than after buying packaging.

    In the plan: Your state's home-kitchen rules, in its own words. Whether they cover your product is for your state's agency to say.

  5. 5.

    Have the pH and water activity of a finished batch measured

    These measurements give your reviewer information about the batch; they do not establish safety or storage conditions on their own.

    In the plan: The two numbers the acidified-food rules name. Measured on the finished product, once it has settled.

  6. 6.

    Get a Process Authority's letter on how it is made safe

    Ask a qualified reviewer which process and storage conditions your product needs. This is where you ask someone qualified, a Process Authority, to put in writing how the product is made safe. Buyers, insurers and inspectors may ask for that document, and it cannot be obtained after the fact for product you have already sold.

    In the plan: Needs the pH first. Their letter sets out the process they ask you to hold to, and the storage line for your label.

Every step, with its reason and what it typically costs, is on the pesto page:

Where do I go from here?

Check the rules for yours, then keep it

The rules check runs the same deterministic engine ShelfStep uses inside the app, on your answers, and quotes the sentences each rule rests on, with their links and the day ShelfStep read them. It does not decide which apply. It is free, needs no account and uses no AI. A ShelfStep workspace then keeps your plan, your records and the dates, free for one product.

Something here out of date, or a state we should write up next? Email hello@shelfstep.com.