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State Report
GoodIJ Grade C-

Maryland Cottage Food Law Report

Complete reference for Maryland's cottage food law — statute citation, sales cap, allowed products, registration requirements, and a county-by-county directory with health department, planning department, and zoning code links.

Statute

Code of Maryland Regulations 10.15.03.27 - Farmer's Market, Bake Sales, and Cottage Food Business

Citation: MD COMAR 10.15.03.27 · Last amended 2024 · Confidence: high
Verbatim Excerpt

A. A cottage food business may offer for sale the homemade foods specified in §B of this regulation when the foods are: (1) Made in a private home kitchen; and (2) Offered or sold only in the State: (a) Subject to the requirements of §C(6) and (7) of this regulation, at a retail food store; or (b) Directly to a consumer: (i) At a farmer's market; (ii) At a bake sale; (iii) At a public event; (iv) By personal delivery; or (v) By mail order. B. The Department shall allow the preparation and sale of the following foods in accordance with §A: (1) Non-potentially hazardous hot-filled canned acid fruit jellies, jams, preserves, and butters; (2) Fruit butters made only from apples, apricots, grapes, peaches, plums, prunes, quince, or another fruit or fruit mixture that will produce an acid canned food; (4) Non-potentially hazardous baked goods; (6) Non-potentially hazardous candy. C. (1) The Department shall allow the owner of a cottage food business to sell only cottage food products processed and packaged in Maryland that are: (a) Produced or packaged in a residential kitchen; (b) Stored on the premises of the cottage food business; and (c) Prepackaged with a label that contains: name and address of the cottage food business or name, phone number, and identification number assigned by the Department; name of the product; ingredients in descending order by weight; net weight or volume; allergen information; nutritional information if any claim is made; and printed in 10 point or larger type: "Made by a cottage food business that is not subject to Maryland's food safety regulations." (6) Before the owner of a cottage food business may sell a cottage food product to a retail food store, the owner shall submit to the Department documentation of the owner's successful completion of a food safety course in the past 3 years approved by the Department and the American National Standards Institute.

Source: regs.maryland.gov/us/md/exec/comar/10.15.03.27
Allowed Foods (Summary)

Non-potentially hazardous foods prepared in a residential kitchen, including non-PHF baked goods (breads, cookies, cakes, pies without perishable fillings), non-PHF candy (hard candies, brittles), acid-fruit jellies, jams, preserves and butters from enumerated fruits, and all other non-PHF foods produced by a licensed entity. Dry goods (spice blends, coffee, teas) and certain snacks (kettle corn, granola) are also permitted.

Prohibited Foods (Summary)

Potentially hazardous foods requiring refrigeration are prohibited, including meringue pies, cheesecakes, cream/custard pies, baked goods with cream cheese or buttercream icings that require refrigeration, low-acid canned foods, acidified foods/pickled products (pickles, salsa, pepper jelly, mustard, BBQ sauce), garlic/vegetables in oil, raw sprouts, fish, shellfish, meat, poultry, milk/dairy products, beverages, and fermented foods.

Labeling Requirements (Summary)

Labels must include: business name and address (or name, phone, and MDH-assigned ID number); product name; ingredients in descending order by weight; net weight or volume; allergen information per federal requirements; nutritional information if any claim is made; and the statement in 10-point or larger type: 'Made by a cottage food business that is not subject to Maryland's food safety regulations.' Retail store labels must additionally include phone number, email address, and date the product was made.

Sales Cap

50000

Tier

Good (IJ Grade C-)

Counties Tracked

18

Important

Cottage food laws are amended every year. This is a starting reference, not legal advice. Verify with Maryland Department of Healthand your local health department before relying on this data.