Montana Cottage Food Law
Tier: Freedom. Sell almost anything direct to consumer with no sales cap. Often called a 'food freedom' law — local zoning is the main remaining constraint.
None
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.
Registration: Yes. Food handler cert: No.
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 →
Montana Cottage Food Law — Full PDF report
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Montana Local Food Choice Act Guidance
Official agency guidance changes without notice. The text below is reproduced for reference only — always confirm current rules on the agency website before relying on it.
- Montana Department of Public Health and Human Serviceshttps://dphhs.mt.gov/assets/publichealth/FCS/CottageFood/MLFCAGuidanceDoc-FAQ10.1.23.pdf
The Montana Local Food Choice Act (Mont. Code Ann. §§ 50-49-201, et. seq., MLFCA) exempts producers who sell homemade food or products from licensing, certification, packaging, labeling, and inspection when sales conform to the Act. Transactions must be between a producer and an informed end consumer; occur only within Montana (not across state lines); and be for home consumption or consumption at a traditional community event (farmer's markets, weddings, funerals, potlucks, etc.). Mont. Code Ann. § 50-49-203.
Definitions
- Food or a food product that is prepared in a private home that is not licensed, permitted, certified, packaged, labeled, or inspected per any official regulations.
- A person who is the last person to purchase a product, does not resell the product and has been informed that the product is not licensed, permitted, certified, packaged, labeled, or inspected per any official regulations.
- A person who harvests, produces, or prepares a product that may be consumed as homemade food or a homemade food product. The term includes a person operating a small dairy.
- An event at which people gather as part of a community for the benefit of those gathering or for the benefit of the community, including but not limited to a wedding, funeral, church or religious social, school event, farmer's market, potluck, neighborhood gathering or club meeting or social; or youth or adult outdoor club or sporting event.
Ingredients
- Yes, ingredients that require refrigeration or cooking pose a greater risk of causing illness. Improper storage and packaging may also pose a risk for illness. It is highly recommended that food safety procedures are followed during preparation, cooking, storage and transportation.
- It depends on the specific facts associated with the outbreak of food borne illness, but the producer/person making the food products could face civil liability if individuals become ill from consuming the products, regardless of the type of products being made.
- We recommend following Montana Department of Livestock's MLFCA guidance document.
- MLFCA does not modify laws regulating alcohol and marijuana. The sale of rum-filled candy is prohibited under liquor control statutes and Department of Revenue (DOR) regulations. The same analysis applies for home production of beer or wine in that MLFCA does not alter the application of existing alcohol control laws.
- A similar analysis applies with THC. The Montana Marijuana Regulation and Taxation Act, Mont. Code Ann. §§ 16-12-101, et. seq, requires a person who produces marijuana infused products to be licensed.
- The addition of CBD to a food product constitutes adulteration under the Montana Food, Drug, and Cosmetic Act. However, the MLFCA specifically provides that producers of homemade food products are not subject to the requirements of the Montana Food, Drug, and Cosmetic Act or the Department's food additive rules. Therefore, the Department does not regulatory oversight over homemade food and products sold in conformance with the requirements of MLFCA that contain CBD.
- MLFCA applies only to the sale of homemade food and homemade food products sold by producers in conformance with the requirements of the bill. If an item is marketed as a drug, it will continue to be regulated as a drug.
- No, health claims cannot be on made on labels, advertisements, social media, verbally, etc.
Rules and Regulations
- Montana law generally restricts a person from selling potentially hazardous food at a farmer's market without a retail food establishment license. Mont. Code Ann. § 50-50-121. The MLFCA allows the sale of homemade food and homemade food products by producers at any traditional community event.
- The MLFCA also provides that persons who meet the definition of a producer and sell homemade food or products in conformance with the requirements of the Act are by definition not a retail food establishment or subject to imposition of food licensure requirements by a state agency or political subdivision of the state.
- Additionally, homemade food or products produced in accordance with the MLFCA are considered not potentially hazardous for purposes of sale at farmer's markets. Mont. Code Ann. § 50-50-121(2)(e). If a person seeking to sell homemade food or products at a farmer's market does so in conformance with the requirements of the MLFCA, they are exempt from any state or local regulatory requirement to obtain a retail food license.
- However, nothing under the MLFCA prevents privately operated Farmer's Markets from electing to impose more stringent requirements. Therefore, privately operated Farmer's Markets can elect to require producers and vendors to obtain a license, registration, or permit from the local health authority as a condition of sale at the market.
- Persons who do not meet the definition of a producer or otherwise fail to conform with the requirements of MLFCA are not exempt from licensure and must follow the requirements of section 50-50-121, MCA.
- Producers are required to inform the end consumer that the homemade food products have not been licensed, permitted, certified, packaged, labeled, or inspected under any official regulations. Mont. Code Ann. § 50-49-203.
- No, if you want to sell products at retail locations, you must obtain a wholesale food license through your local heath authority. The MLFCA only allows for sale directly between the producer and informed end consumer.
- Additionally, products sold under the Act must only be for home consumption or consumption at a traditional community event. Mont. Code Ann. § 50-49-203.
- No, in order to sell products outside of their home, the producer must be tied to a traditional community event.
- Yes, as long as the sale was pre-arranged.
- No, all products made under MLFCA must be prepared in a private home kitchen. No food preparation is allowed outside of the private home kitchen. Licensing such as a retail food license or temporary permit is required for any offsite preparation.
- It may depend on the type of products being sold. For products containing meat and poultry, contact the local county sanitarian or Montana Department of Livestock. For products containing alcohol and/or drugs, contact Montana Department of Revenue. Please contact the local county sanitarian for all other products.
Reproduced from the official DPHHS Montana Local Food Choice Act Guidance FAQ (October 1, 2023). Verify current rules with DPHHS and your local county sanitarian.
Montana Counties
56 counties tracked. Pick yours for the local zoning + health department links.
View all 56 counties →City zoning rules in Montana
City zoning rules apply on top of the state cottage food law — home occupation, customer pickup, signage, and employees.
The Cottage Baker's Field Guide (PDF)
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Montana cottage food law — FAQ
Do I need a license or permit to sell homemade food in Montana?
Yes — Yes. Food handler certification: No.
What foods can I sell under the Montana cottage food law?
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.
Is there a sales cap for cottage food in Montana?
None
How good is Montana's cottage food law?
Montana is a Freedom-tier cottage food state by Crosodo's rating criteria. Sell almost anything direct to consumer with no sales cap. Often called a 'food freedom' law — local zoning is the main remaining constraint.
Cottage food laws are amended every year. This is a starting reference, not legal advice. Verify with Montana Department of Public Health and Human Services and your local health department before relying on this data.