Selling maple syrup in Ohio
Yes — if you collect at least 75% of the sap you boil from trees yourself, Ohio exempts you from licensing, registration and mandatory inspection. Every container still needs a proper label, and grading is optional in Ohio — but if you print a grade, you have to test the syrup first.
September 25, 2026
Some points to confirm with the agency
A processor of tree syrup who boils sap when at least 75% of it is collected directly from trees by that processor isn't a "food processing establishment" under Ohio law (ORC 3715.021), and the Ohio Department of Agriculture (ODA) says such a producer "is exempt from licensing, registration and mandatory inspection." If more than 25% of your sap comes from someone else, or you buy syrup to repack, the exemption no longer covers you — check with ODA which license applies to your operation. ODA offers voluntary inspections on request (1-800-282-1955, ext. 4366).
Official pageOhio Department of Agriculture, Division of Food Safety — Maple Syrup fact sheet (no license for exempt producers; voluntary inspection available)Exempt producers aren't a food processing establishment, so ODA's facility standards for processing plants don't apply and there's no inspection requirement. You still must not sell adulterated or misbranded syrup (ORC 3715.25), and packaging must meet Ohio's maple packaging rules (OAC 901:3-45-04).
Ohio's maple grades are voluntary (ORC 3715.24). If you choose to show a grade, it must be written "U.S. Grade ___" using the full grade name — U.S. Grade A Golden (Delicate), Amber (Rich), Dark (Robust) or Very Dark (Strong) — and the syrup must be tested first with a spectrophotometer or a comparable commercial color kit (OAC 901:3-45-01, -03). Maple syrup must be at least 66 °Brix at 68 °F (ORC 3715.24); Grade A syrup can be no more than 68.9% solids.
Check your density with the hydrometer calculator →- Name of the product ("maple syrup")
- Name and address of the business (ODA: the street address may be omitted if the business is listed in the local phone directory)
- Ingredients in descending order by weight — the statute lists this for exempt processors (ORC 3715.023); ODA's fact sheet says a plain syrup only needs a list if salt or preservatives are added
- Net contents — the statute says "net weight and volume"; ODA's fact sheet asks for fluid ounces if sold on site, fluid ounces plus milliliters if sold anywhere else, in the bottom 30% of the front panel
- A grade only if the syrup has been tested, styled "U.S. Grade A ___" with the full grade name
- ODA: a label is required even on syrup you give away or trade
ODA says the label rules apply whether you sell from home, at a market or elsewhere. Properly labeled syrup from an exempt producer is an acceptable product for licensed retail food stores and restaurants to sell or cook with (ORC 3715.023), so you can sell to stores. Off-site sales (markets, stores, shipping) need both US and metric net contents. Ohio's exemption doesn't address shipping out of state; see the national notes for federal requirements.
Packaging must be food-grade, clean and dry when filled, rust-free, air-tight and filled to at least 90% of capacity; reusable canning jars must be washed and sanitized, and closures can't be reused (OAC 901:3-45-04). Bulk drums and barrels must be food-grade, cleaned and sanitized, and can't be used if they ever held lead, lead-based paint or other hazardous material, are rusted, or have lead solder on a food-contact surface (OAC 901:3-45-05).
There's no federal license to sell maple syrup in the US — whether you need a license, where you can boil and where you can sell are decided by your state. Federal rules still set the floor for every jar: the FDA defines what "maple syrup" is and what a food label must say, and USDA publishes grade standards that are voluntary at the federal level.
- FDA standard of identity: "maple syrup" (or "maple sirup") is made by concentrating and heat-treating maple sap and must contain at least 66% soluble solids by weight (21 CFR 168.140).
- Every packaged food label needs the product's name on the front panel (21 CFR 101.3), the net quantity of contents in fluid measure (21 CFR 101.7), and the name and place of business of the maker, packer or distributor, including city, state and ZIP code (21 CFR 101.5).
- Nutrition Facts panels are often not required for small producers: direct-to-consumer sellers with $50,000 or less a year in food sales to consumers (or $500,000 or less in total sales to consumers) are exempt if the label makes no nutrition claims (21 CFR 101.9(j)(1)). A separate low-volume exemption covers firms with fewer than 100 full-time-equivalent employees selling fewer than 100,000 units, and firms under 10 employees selling under 10,000 units don't have to file a notice (21 CFR 101.9(j)(18)).
- USDA's grade standards (effective March 2, 2015) are voluntary at the federal level: Grade A comes in four color/taste classes — Golden (Delicate), Amber (Rich), Dark (Robust) and Very Dark (Strong) — at 66–68.9% solids (°Brix). Processing Grade must be packed in containers of 5 gallons or larger and can't go into retail-size containers. Some states make grade labeling mandatory under state law (in this guide: Maine, New Hampshire, New York, Vermont, and Wisconsin for licensed processors), while others leave it voluntary — see your state's page.
- FDA facility registration: FDA treats boiling sap into syrup as "manufacturing/processing", so a dedicated sugarhouse generally has to register with FDA unless an exemption applies — for example, it's a retail food establishment, meaning its direct-to-consumer food sales are worth more than its sales to all other buyers (sales at roadside stands, farmers markets, CSAs, fairs and by mail or online from a farm or farm-operated business all count as direct), or the syrup is made in your home or in an outbuilding that's still used the way a normal home building would be (FDA facility-registration Q&A, 7th ed., 2018).
- Licenses, home-kitchen rules and sugarhouse inspections are state matters, and federal rules apply on top of them — USDA's grade standards say they don't excuse failure to comply with state law.
Official sources
- ORC 3715.021 — Standards and good manufacturing practices for food processing establishments — Ohio Legislative Service Commission
- ORC 3715.023 — Labels for cottage food production operation, processor, or beekeeper — Ohio Legislative Service Commission
- ORC 3715.24 — Maple product standards and grades — Ohio Legislative Service Commission
- OAC Chapter 901:3-45 — Maple Syrup — Ohio Department of Agriculture (via Ohio Legislative Service Commission)
- Fact Sheet: Maple Syrup (updated July 2019) — Ohio Department of Agriculture, Division of Food Safety
- 21 CFR 168.140 — Maple sirup (standard of identity) — U.S. Food and Drug Administration (eCFR)
- 21 CFR 101.3 — Identity labeling of food in packaged form — U.S. Food and Drug Administration (eCFR)
- 21 CFR 101.5 — Food; name and place of business of manufacturer, packer, or distributor — U.S. Food and Drug Administration (via Cornell LII)
- 21 CFR 101.7 — Declaration of net quantity of contents — U.S. Food and Drug Administration (eCFR)
- 21 CFR 101.9 — Nutrition labeling of food (exemptions in paragraph (j)) — U.S. Food and Drug Administration (via Cornell LII)
- United States Standards for Grades of Maple Syrup (effective March 2, 2015) — USDA Agricultural Marketing Service
- Questions and Answers Regarding Food Facility Registration (Seventh Edition): Guidance for Industry — U.S. Food and Drug Administration
This page summarizes public rules as we read them on September 25, 2026. It isn't legal advice, and rules change — confirm with the agency before you sell.
Getting ready for the season? When to tap in Ohio →
Know your numbers before you price
LuckySap logs every collection and boil — sap in, syrup out, hours on the evaporator — so you know what each gallon really took. Free on iPhone.
