Maine Cottage Food Laws

Maine Cottage Food Laws: A Comprehensive Guide

This guide explains how home-based food entrepreneurs in Maine can legally sell homemade foods under either the state’s Home Food Processor (formerly Home Food Manufacturing) program or local Food Sovereignty ordinances. It details licensing, inspections, allowed products, labeling, sales venues, and practical steps to get started—all based on up-to-date official sources.

Quick Facts

1. Overview / Introduction

Maine offers two primary legal pathways for selling food made in a home kitchen:

Home Food Processor License (state pathway): This longstanding program, sometimes called Home Food Manufacturing, enables producers to sell shelf‑stable, non‑potentially hazardous foods from home or through broader venues—provided they comply with licensing, inspection, and certain testing requirements (ij.org).

Food Sovereignty Ordinances (local pathway): Since the passage of Maine’s Food Sovereignty Law in 2017, over 100 municipalities have adopted ordinances allowing residents to sell almost any homemade food (excluding meat and poultry) directly to consumers, without state licensing or inspection, but only at the site of production (home or farm) (ij.org).

2. Sales Limits

State program: Maine imposes no annual sales cap for Home Food Processor license holders—this is one of the most entrepreneur‑friendly systems in the U.S. (cottagecms.com).

Food Sovereignty towns: Also, no revenue limits under local ordinances—sales may continue so long as they remain direct-to-consumer and comply with local terms (ij.org).

3. Licensing & Registration

Home Food Processor License (state):

• Required to sell shelf-stable foods beyond home pickups or under broader venues (maine.gov).
• Typical fee: $20 per year (stated by multiple guides; verify with DACF for current rates) (thecottagelawkitchen.com).
• Application includes standardized recipes, water/septic info, labels, and may require testing for acidified items (thecottagelawkitchen.com).

Food Sovereignty Ordinances: No license or registration required in municipalities with such ordinances (thecottagelawkitchen.com).

4. Training Requirements

Maine does not require food safety training or a food handler certification under either program (foodsafepal.com). However, training (e.g., ANSI‑accredited food handler courses) is strongly recommended to build customer trust and may be required by markets or insurers (foodsafepal.com).

5. Home Kitchen Inspection

Under the Home Food Processor pathway, a home kitchen inspection by Maine DACF’s Division of Quality Assurance & Regulations is mandatory before licensing (foodsafepal.com). If using private well or septic, testing is also required (thecottagelawkitchen.com).

No inspection is required under Food Sovereignty ordinances (ij.org).

6. Allowed Foods

Home Food Processor (state) allows only shelf-stable, non‑potentially hazardous foods, such as:

• Baked goods (non‑refrigerated: breads, cookies, fruit-based pies)
• Jams, jellies, fruit butters, preserves
• Acidified foods (pickles, salsas, sauces) with recipe testing
• Candies, confections, popcorn, dried fruits/vegetables, cereals, pasta, honey, spice mixes, fruit leathers (foodsafepal.com).

Food Sovereignty allows almost any homemade food (including refrigerated, fermented, certain low-acid canned goods, seafood), except meat and poultry, if sold directly to consumers in implementing municipalities (ij.org).

7. Prohibited Foods

Under the state program, prohibited items include:

• Refrigerated or frozen foods (e.g. cheesecakes, custard-filled pies)
• Low‑acid canned goods and pressure‑canned items
• Fermented foods
• Meat, poultry, seafood (unless in Food Sovereignty areas under direct-consumer rule) (foodsafepal.com).

Even in Food Sovereignty towns, meat and poultry remain excluded due to state/federal inspection requirements (ij.org).

8. Labeling Requirements

Home Food Processor pathway:

• If selling outside the home, labels must include:
  • Product name
  • Ingredient list (descending order by weight)
  • Net weight or count
  • Producer’s name and address
  • Major allergen information recommended (foodsafepal.com).

Food Sovereignty: No labels required under most ordinances, though providing similar information remains good practice (foodsafepal.com).

9. Where You Can Sell

State program allows very broad sales venues:

• From home (pickup or delivery)
• Farmers markets, roadside stands, events, fairs
• Restaurants, retail stores
• Online sales and mail orders within Maine (interstate shipping is prohibited) (ij.org).

Food Sovereignty: Sales must occur at the site of production only (home or farm); typically includes direct-to-consumer home sales, farmers markets, and local events—no online, mail, wholesale, or resale (ij.org).

10. Sales Tax

The approved state sources do not specify Maine sales tax rules for cottage food. Entrepreneurs should verify with Maine Revenue Services or a tax professional whether sales tax applies to cottage food products.

11. Special Exemptions

Food Sovereignty Ordinances provide a unique exemption: they override state licensing, inspection, and testing requirements for direct producer-to-consumer sales in participating municipalities—but still exclude meat and poultry (ij.org).

Additionally, Maine’s Right to Food constitutional amendment (passed in November 2021) enshrines a right to produce and consume food, though its impacts on cottage food regulation are still evolving (en.wikipedia.org).

12. Getting Started

Step‑by‑step for Home Food Processor pathway:

1. Check if your town has a Food Sovereignty ordinance. If yes and it suits your goals, you may skip licensing and inspections and start selling directly at home (thecottagelawkitchen.com).
2. If not, apply for Home Food Processor License (approx. $20/year)—contact Maine DACF Division of QAR for application, fee schedule, and guidelines (bangordailynews.com).
3. Submit standardized recipes, label samples, water and septic system reports if applicable (bangordailynews.com).
4. Schedule and pass home kitchen inspection; ensure handwashing sink, clean surfaces, potable water, no pests, etc. (thecottagelawkitchen.com).
5. For acidified or low-sugar products, submit for recipe testing/approval via University of Maine (pickyourown.org).
6. Once licensed, begin selling through chosen venues—comply with labeling requirements if selling outside home (thecottagelawkitchen.com).
7. Renew license annually, maintain good records, and consider getting voluntary food safety training (foodsafepal.com).

For Food Sovereignty path:

• Confirm local ordinance allows direct sales from home
• Start selling allowed products directly—no license, inspection, testing, or labeling required (though labeling is wise) (thecottagelawkitchen.com).

13. Official Resources

• Maine DACF – Home Food License 101 guide: explains shelf‑stable requirement and licensing basics (maine.gov)
• Maine DACF QAR – Consumer Food Inspection information: for insights on inspection procedures (site open but content not fully browsed) (maine.gov)
• Institute for Justice – Maine Homemade Food Seller overview: outlines state program vs Food Sovereignty (ij.org)
• Maine DACF official site (e.g. for application forms, updates) via DACF QAR channels (www1.maine.gov)

Official Sources

This guide was compiled from the following official sources:

• www.maine.gov
• ij.org
• foodsafepal.com
• thecottagelawkitchen.com
• cottagecms.com
• standscout.com
• legislature.maine.gov
• en.wikipedia.org

Important Notes

⚠️ Sales tax rules are not specified in the reviewed sources—verify with Maine Revenue Services.

⚠️ Fee amounts (e.g., $20 license fee) may change—confirm current rates with DACF.

⚠️ Food Sovereignty ordinance terms vary by municipality—confirm local rules before proceeding.