Montana Cottage Food Laws

Montana Cottage Food Law: A Comprehensive Guide

This guide provides a detailed overview of Montana’s cottage food law, including registration requirements, permitted foods, labeling, sales venues, food safety practices, and how to get started. It is based exclusively on official Montana DPHHS sources and SB 199 (Montana Local Food Choice Act).

Quick Facts

1. Overview / Introduction

Montana law allows individuals to produce and sell non‑potentially hazardous foods made in a primary residence kitchen under the state’s Cottage Food Operation regulations. The relevant framework includes the Cottage Food Frequently Asked Questions (2024) and the Guidance and Registration documents, as well as the Montana Local Food Choice Act (SB 199, 2021). Montana’s approach emphasizes direct-to-consumer, in-state, face-to-face transactions, with minimal oversight unless there's a complaint or illness investigation. (dphhs.mt.gov)

2. Sales Limits

Montana’s cottage food law does not impose any annual revenue cap or limit on sales volume. The primary limitations are based on the type of food (must be non‑potentially hazardous) and sales methods (must be direct and in-state). (dphhs.mt.gov)

3. Licensing & Registration

Registration is required unless selling only at farmers’ markets using items on the Farmers’ Market exemption list. Registration is done via the local Environmental Health Agency. Key points:

• One-time registration fee: $40.00. If you move your location or add recipes/labels, re‑registration and re‑payment are required. (dphhs.mt.gov)
• Submit a printed, filled form with recipes (by weight) and labels to your local Environmental Health Office. A sanitarian may follow up. Once approved, the state sends you a registration certificate via your local office. (dphhs.mt.gov)
• If using a business name different from your legal name, file with the Montana Secretary of State. (dphhs.mt.gov)

4. Training Requirements

Montana’s official sources do not specify any mandatory training or certification, such as food handler or manager certification, for cottage food operators. However, general safe food handling practices are provided (see section 5).

5. Home Kitchen Inspection

Cottage food operations are not routinely inspected. Inspection only occurs if there is a complaint or illness investigation. (dphhs.mt.gov)

6. Allowed Foods

Only non‑potentially hazardous foods that don’t require refrigeration are permitted. Approved categories include:

• Baked goods: loaf breads, rolls, biscuits, quick breads, muffins, cakes, pastries, scones, cookies, bars, crackers, cereals, trail mixes, granola (dphhs.mt.gov)
• Nuts, nut mixes, snack mixes (dphhs.mt.gov)
• Dried fruits (specified fruit types) and herbs/seasonings/dry mixtures (dphhs.mt.gov)
• Standardized jams, jellies, preserves, fruit butters (must be ≥55% sugar by weight; fruits listed) (dphhs.mt.gov)
• Popcorn, popcorn balls, cotton candy (dphhs.mt.gov)
• Fudge, candies, confections that involve a cooking step and don't require refrigeration (dphhs.mt.gov)
• Molded chocolate using commercial melts and honey (dphhs.mt.gov)
• Other products may be approved case-by-case with local health authority. (dphhs.mt.gov)

7. Prohibited Foods

Products that are potentially hazardous or require refrigeration are prohibited—for example, pumpkin pies, cream pies, cheesecakes, or other items requiring refrigeration. (dphhs.mt.gov) Also prohibited:

• Sales to restaurants, grocery stores, distributors, wholesalers, out-of-state customers, or via mail, shipping services, online platforms without face-to-face interaction. (dphhs.mt.gov)

8. Labeling Requirements

Labels must include:

• All ingredients and sub‑ingredients, with common allergens clearly identified. (dphhs.mt.gov)
• A disclaimer notifying consumers that the product is “produced in a home kitchen that does not fall under the regulations of a regular retail food facility.” (dphhs.mt.gov)
• All cottage foods must be packaged and labeled. For unpackaged large items (e.g., wedding cakes), labeling must appear on the invoice delivered with the product. (dphhs.mt.gov)

9. Where You Can Sell

Permitted venues and methods:

• Direct, face‑to‑face sales to the consumer, in person. (dphhs.mt.gov)
• At farmers’ markets, flea markets, craft bazaars, fairs, or small events. (dphhs.mt.gov)
• Temporary setups such as a table in a parking lot are allowed—but must comply with local permits and property owner permission. Product can be stored temporarily in your vehicle. (dphhs.mt.gov)
• Online advertising and sale coordination is allowed only if the final sale is face‑to‑face. Delivery by third-party shippers (USPS, UPS), mailing, or online-only platforms (Amazon, eBay) is not allowed. (dphhs.mt.gov)

10. Sales Tax

None of the official documents mention state or local sales tax obligations for cottage food products. Entrepreneurs should consult the Montana Department of Revenue to verify applicable sales tax rules.

11. Special Exemptions

The Montana Local Food Choice Act (SB 199) establishes broader exemptions for homemade foods when sold directly to an informed end consumer in state․ Under SB 199:

• Agencies may not require licensure, permits, packaging, labeling, inspection, or certification of homemade food sold directly to informed consumers, for home consumption or traditional community events. (leg.mt.gov)
• Producers must inform consumers that the product “has not been licensed, permitted, certified, packaged, labeled, or inspected per any official regulations.” (leg.mt.gov)
• Sales are limited to in-state, direct transactions, excluding interstate commerce or sales to retail establishments. (leg.mt.gov)
• Additional provisions cover small dairies and poultry producers, with specific testing and recordkeeping requirements. (leg.mt.gov)

12. Getting Started

Step-by-step suggestions:

1. Check if your product qualifies as non‑potentially hazardous (see section 6).
2. If selling beyond farmers’ markets, complete the registration: download the form, prepare recipes (by weight), label samples, and submit to your local Environmental Health Office with a $40 fee. (dphhs.mt.gov)
3. After submission, await approval and registration certificate from your local sanitarian. Be prepared for questions or requests. (dphhs.mt.gov)
4. Design labels including ingredients, allergens, and the required home‑kitchen disclaimer. Ensure all products are packaged and labeled properly (or use invoices for unpackaged large items). (dphhs.mt.gov)
5. Adhere to food safety and hygiene practices: no bare-hand contact, strict handwashing, sanitization, no animals, and stay out of kitchen when ill. (dphhs.mt.gov)
6. Sell only face-to-face, in-state, directly to consumers—at approved venues or via direct setups. Be wary of local ordinance requirements and property permissions. (dphhs.mt.gov)
7. Consider whether the Local Food Choice Act route applies—for direct sales with fewer regulatory burdens—but still include required consumer notice. (leg.mt.gov)

13. Official Resources

Refer to these official Montana resources:

• Cottage Food Frequently Asked Questions (2024) — general overview (dphhs.mt.gov)
• Cottage Food Operation Guidance and Registration (fillable PDF) — registration, allowed foods, label and recipe requirements (dphhs.mt.gov)
• Safe Handling Guidelines for Cottage Food Operators — food safety protocols (dphhs.mt.gov)
• Cottage Food & Farmers Markets page — links to laws, rules, guidance, sample labels (dphhs.mt.gov)
• County and Tribal Health Departments directory — find your local office to register (dphhs.mt.gov)
• Montana Local Food Choice Act (SB 199) — legal exemptions and definitions (leg.mt.gov)

Official Sources

This guide was compiled from the following official sources:

• dphhs.mt.gov
• dphhs.mt.gov
• dphhs.mt.gov
• leg.mt.gov
• dphhs.mt.gov
• dphhs.mt.gov

Important Notes

⚠️ No sales tax information provided—consult Montana Department of Revenue

⚠️ Training requirements are not specified—verify if any local requirement exists