Montana Cottage Food Law Report
Complete reference for Montana'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.
Montana Code Annotated Title 50, Chapter 50, Part 1 — Retail Food Establishments: Cottage Food Operations; and Title 50, Chapter 49 — Montana Local Food Choice Act
Verbatim Excerpt50-50-116. Conditions for cottage food operation exemption from licensure and routine facility inspection.(1) To acquire the status of not being a retail food establishment, a cottage food operation must meet the conditions in this section and shall register with a local health authority as provided in 50-50-117. (2) A cottage food operation shall: (a) follow department food standards as provided in rule, including applicable provisions implementing the 2013 United States food and drug administration food code; (b) package cottage food products and label the cottage food products prior to sale, including on the label, at a minimum, the following: (i) the name, address, city, state, and zip code of the cottage food operation; (ii) the name of the cottage food product; (iii) the ingredients of the cottage food product, in descending order of predominance by weight; (iv) the net quantity, weight, count, or volume of the cottage food product; (v) allergen labeling as specified by federal and state labeling requirements; (vi) if a nutritional claim is made, an appropriate label if required by federal law; and (vii) the following statement, printed in at least the equivalent of 11-point font size in a color that provides a clear contrast to the background and is conspicuously placed on the principal label: "Made in a home kitchen that is not subject to retail food establishment regulations or inspections." (3) Providing cottage food products by consignment, including at a retail food establishment or through a wholesale establishment, is prohibited. (7) A cottage food operation that meets the requirements in this section is not a retail food establishment or a wholesale food establishment and is not subject to licensure or inspection requirements under Title 50, chapter 57, or this chapter. History: En. Sec. 1, Ch. 239, L. 2015.
Source: leg.mt.gov/bills/mca/title_0500/chapter_0500/part_0010/section_0160/0500-0500-0010-0160.html →
Non-potentially-hazardous cottage food products prepared in the domestic residence are allowed and can be sold directly to consumers at farmers markets, events, from home, and at other locations. The Montana Local Food Choice Act (enacted 2021) additionally allows direct-to-consumer sales of virtually any homemade food — including potentially hazardous items like raw milk, meat, and eggs — between producer and informed end consumer without licensing, inspection, or labeling requirements.
Under the standard cottage food framework (§50-50-116), consignment sales through retail or wholesale establishments are prohibited, and products must comply with food standards including applicable 2013 FDA Food Code provisions. Under the MLFCA, producers cannot sell through retail food establishments without a license; sales must be in-state and direct to informed end consumers only.
Labels must include: name, address, city, state, zip of operation; product name; ingredients in descending order by weight; net quantity; allergen labeling per federal/state law; and a conspicuous statement in at least 11-point font: 'Made in a home kitchen that is not subject to retail food establishment regulations or inspections.' Under the MLFCA, producers must inform consumers that the food has not been licensed, permitted, certified, packaged, labeled, or inspected.
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Freedom (IJ Grade A-)
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Montana Counties (6)
Cottage food registration usually happens at the county level. Click any county for local zoning, health department, and planning department links.
Where to verify Montana's rules
Data compiled from primary sources. Cottage food laws change — verify with your state agency before relying on this information.
Cottage food laws are amended every year. This is a starting reference, not legal advice. Verify with Montana Department of Public Health and Human Servicesand your local health department before relying on this data.