Maryland Cottage Food Laws

Comprehensive Guide to Maryland Cottage Food Laws

This guide provides a detailed, practical overview of Maryland’s cottage food law—including definitions, revenue limits, registration, labeling, allowed and prohibited items, sales venues, training, and how to get started—based exclusively on official Maryland Department of Health sources.

Quick Facts

1. Overview / Introduction

Maryland defines a cottage food business under COMAR 10.15.03.02B(17‑1)** as one that “produces or packages cottage food products in a residential kitchen in Maryland” and has annual revenues not exceeding $50,000. These foods must be non‑potentially hazardous, sold direct to consumers (e.g., from home, at farmers markets, public events), or via personal delivery, mail delivery, or direct sale to a retail food store. Out‑of‑state or interstate sales are prohibited (health.maryland.gov).

2. Sales Limits

• Annual revenue cap: $50,000 from cottage food product sales (health.maryland.gov).
• Sales venues allowed: direct from residence, at farmers markets, public events, by personal delivery, by mail delivery, or to an in‑state retail food store. Interstate commerce is not permitted (health.maryland.gov).

3. Licensing & Registration

• Maryland does not require a traditional license for cottage food businesses as long as they comply with COMAR requirements.
• For sales to retail food stores, businesses must submit an ID and Retail Sales Request Form along with:
  • The proposed label for the product
  • Proof of completion of a basic food safety course (approved by MDH and ANSI) covering key topics (food safety, cleaning/sanitizing, personal hygiene, pest control, receiving/storing/preparing/serving food) completed in the past 3 years (health.maryland.gov).
• The business may only begin selling to retail stores after written notification of compliance by MDH (health.maryland.gov).

4. Training Requirements

A basic food safety course (ANSI‑approved and MDH‑approved) must cover:

• Basic food safety
• Cleaning and sanitizing
• Personal hygiene
• Pest control and prevention
• Receiving, storing, preparing, and serving food This training must have been completed within the past 3 years by anyone selling to retail food stores (health.maryland.gov).

5. Home Kitchen Inspection

• The guidelines do not mention any required home kitchen inspection under the cottage food law.
• Therefore, no inspection is required as long as the food remains non‑potentially hazardous and other requirements are met.

6. Allowed Foods

Maryland allows non‑potentially hazardous products that will not support pathogenic growth at room temperature. Examples include:

• Baked goods (non‑perishable): bagels, biscuits, breads, brownies, cakes without perishable icing, cookies, muffins, pastries, tortillas, granola bars (health.maryland.gov);
• Hot‑filled canned acid foods (natural pH ≤4.6): fruit jellies, jams, preserves, fruit butters (apple, apricot, grape, peach, plum, prune, quince) (health.maryland.gov);
• Non‑potentially hazardous candy (health.maryland.gov);
• Other items may be allowable with laboratory testing confirming they are non‑potentially hazardous, such as moist quick breads, icings/frostings with added water or dairy, or alcohol‑added baked goods (health.maryland.gov).

7. Prohibited Foods

Foods that are not allowed under cottage food rules include:

• Baked goods requiring refrigeration (e.g., meringue, pecan, pumpkin, cheesecakes, cream‑filled pies, buttercream/cream cheese frostings) (health.maryland.gov);
• Low‑acid canned foods, acidified/pickled products (e.g., salsa, pickles, mustard, barbeque sauce), garlic/oil mixtures, raw‑seed sprouts, fish or shellfish, meat, poultry, dairy products, beverages (health.maryland.gov);
• Any food requiring temperature control for safety or considered potentially hazardous under COMAR (health.maryland.gov). Such products require a health department food license instead (health.maryland.gov).

8. Labeling Requirements

All cottage food products must have pre‑packaged labels including:

• Name and address of business (or unique ID number in lieu of address; then phone must also be included) (health.maryland.gov);
• Product name;
• Full ingredient list (sub‑ingredients) in descending weight order;
• Net weight, count, or volume;
• Allergen information per federal law;
• Nutrition facts if a nutrition or health claim is made;
• Warning statement in 10‑point or larger type, contrasting color: “Made by a cottage food business that is not subject to Maryland’s food safety regulations.” (health.maryland.gov).

For retail store sales, labels must additionally include:

• Business phone number;
• Business e‑mail address;
• Date the product was made (health.maryland.gov).

Labels must be in English and can use a unique ID number instead of address, per instructions (health.maryland.gov).

9. Where You Can Sell

Allowed sales venues under Maryland law include:

• From the residence directly to consumer;
• At farmers markets, public events;
• By personal delivery;
• By mail delivery;
• Direct sale to in‑state retail food stores after approval—but interstate or out‑of‑state sales are explicitly prohibited (health.maryland.gov).

10. Sales Tax

The provided sources do not mention sales tax requirements for cottage food businesses. Interested entrepreneurs should verify with the Maryland Comptroller’s Office or local tax authorities.

11. Special Exemptions

Maryland allows laboratory‑tested items that normally would be considered potentially hazardous (e.g., moist quick breads, certain icings, alcohol‑added baked goods) to qualify as non‑potentially hazardous if testing shows they meet safety criteria (water activity ≤0.85 and/or pH ≤4.6 or other barriers) (health.maryland.gov).

12. Getting Started

Practical steps to launch a Maryland cottage food business:

1. Review the Updated CF Guidelines 2025 to confirm your product qualifies as non‑potentially hazardous (health.maryland.gov).
2. If unsure, perform laboratory testing to demonstrate safety for room‑temperature storage (health.maryland.gov).
3. Prepare packaging that includes all required labeling elements (including the required statement and ID or address) (health.maryland.gov).
4. If selling to retail stores, complete a basic ANSI‑approved food safety course, then submit the ID and Retail Sales Request Form, label, and training proof to MDH and await written approval (health.maryland.gov).
5. Begin selling via approved venues (home, markets, delivery, mail). For retail store sales, begin only after approval.
6. For questions or forms, contact Office of Food Protection, Center for Facility and Process Review (email: mdh.foodplanreview@maryland.gov) (health.maryland.gov).

13. Official Resources

• Updated CF Guidelines 2025 (PDF) – detailed guide covering definitions, allowed foods, labeling, retail sales process, testing, etc. (health.maryland.gov).
• Contact information for Office of Food Protection / Center for Facility and Process Review (email: mdh.foodplanreview@maryland.gov) (health.maryland.gov).
• Additional forms and decision tools referenced in Appendices of Guidelines.
• For local health department contact and applications (e.g., Farmers Markets & Cottage Food Businesses page for applications in Queen Anne’s County) see MDH environmental health pages (health.maryland.gov).

Official Sources

This guide was compiled from the following official sources:

• health.maryland.gov
• health.maryland.gov
• health.maryland.gov

Important Notes

⚠️ Sales tax requirements are not addressed—verify separately with tax authorities.

⚠️ No mention of home kitchen inspection in sources—but local jurisdictions may vary; check with your local health department.