Silver Bow County cottage food law.
Silver Bow County is a county in Montana (pop. 35,306). Montana has a Freedom-tier cottage food law — no sales cap and broad product freedom — so Silver Bow County's local zoning and health department rules are the main constraints for home bakers. County research shows: home kitchen allowed, inspection not required, home occupation permit not required. Montana Freedom-tier state. Silver Bow County (Butte-Silver Bow consolidated government) confirmed to have its own cottage food permit page and registration form at co.silverbow.mt.us. One-time $40 registration fee with county Environmental Health. 2021 Local Food Choice Act preempts local ordinances statewide. Use the links below to check current requirements before you bake.
Silver Bow County cottage food reports
Zoning, permits, health department rules, and local sources for Silver Bow County.
County PDFTier: Freedom
Montana has a Freedom-tier cottage food law — sell almost anything direct to consumer with no sales cap. The state baseline is permissive, so local zoning is usually the main constraint to navigate.
View state law →Health department
Many states delegate cottage food registration and inspection to the county health department. Contact theirs for the local process.
Home occupation rules
The county or city zoning code governs whether you can run a home-based food business — customer visits, signage, employees, floor area.
Home kitchen, inspection, and zoning rules for Silver Bow County
State baseline: Mont. Code §50-50-116 and §50-50-117 (cottage food); Mont. Code §§50-49-201 et seq. (Local Food Choice Act)
- Home kitchen allowed
- Yes
- Restrictions
- Must produce in primary residence kitchen. Pets must be excluded during production. No routine inspection. One-time $40 registration fee with Silver Bow County/City of Butte-Silver Bow Environmental Health. Direct-to-consumer sales only within Montana. Farmers market sales exempt from registration.
- Separate dedicated kitchen
- No
- Pet restrictions
- Pets must be excluded from kitchen during production
- Water supply
- Standard residential water supply
- Handwashing
- Sanitary food preparation operations required
- Food storage
- Products stored appropriately; temporary vehicle storage for transport only
- Inspection required
- Upon-complaint
- Inspection trigger
- Consumer complaint or illness investigation only
- Home occupation permit
- Varies
- Permit details
- Silver Bow County is a consolidated city-county government (Butte-Silver Bow). The county administers cottage food registration via its Environmental Health office and maintains county-specific cottage food permit forms. Local Butte-Silver Bow home occupation or business permit requirements may apply. The 2021 Montana Local Food Choice Act preempts local restrictions on homemade food sales.
- Local business license
- Varies
- On-site customer pickup
- Yes
- On-site signage
- Conditional
- Delivery / pickup
- Face-to-face transaction required. Online advertising allowed but actual sale must be in-person. No third-party delivery services. Producer may deliver directly to purchaser.
- Max employees in home
- Not specified
- Relevant code section
- Butte-Silver Bow Consolidated Government - Environmental Health - Cottage Food
Montana Freedom-tier state. Silver Bow County (Butte-Silver Bow consolidated government) confirmed to have its own cottage food permit page and registration form at co.silverbow.mt.us. One-time $40 registration fee with county Environmental Health. 2021 Local Food Choice Act preempts local ordinances statewide.
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
Full Montana state report (with PDF download) →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 →
Silver Bow County cottage food — FAQ
Is a home kitchen allowed for cottage food in Silver Bow County, Montana?
According to our research: home kitchen is allowed. Restrictions: Must produce in primary residence kitchen. Pets must be excluded during production. No routine inspection. One-time $40 registration fee with Silver Bow County/City of Butte-Silver Bow Environmental Health. Direct-to-consumer sales only within Montana. Farmers market sales exempt from registration.
Is a health inspection required for home bakers in Silver Bow County?
Inspection: Upon-complaint. Trigger: Consumer complaint or illness investigation only.
Do I need a home occupation permit in Silver Bow County?
Home occupation permit: Varies. Silver Bow County is a consolidated city-county government (Butte-Silver Bow). The county administers cottage food registration via its Environmental Health office and maintains county-specific cottage food permit forms. Local Butte-Silver Bow home occupation or business permit requirements may apply. The 2021 Montana Local Food Choice Act preempts local restrictions on homemade food sales.
What is the Montana cottage food sales cap?
Montana state law caps cottage food sales at None. County rules may add permits or zoning limits on top.
Where to verify Silver Bow County rules
Compare neighboring counties
Other Montana counties
Silver Bow County vs. bordering counties
| Regulation | Silver Bow County This county | Beaverhead County | Deer Lodge County |
|---|---|---|---|
| Home kitchen allowed | Yes | Yes | Yes |
| Separate dedicated kitchen | No | No | No |
| Pets allowed | Pets must be excluded from kitchen during production | Not specified in state cottage food law; individual county health departments may have additional requirements. | Not specified in state cottage food law; individual county health departments may have additional requirements. |
| Inspection required | Upon-complaint | Upon-complaint | Upon-complaint |
| On-site customer pickup | Yes | Yes | Yes |
| On-site signage | Conditional | Conditional | Conditional |
| Delivery / pickup | Face-to-face transaction required. Online advertising allowed but actual sale must be in-person. No third-party delivery services. Producer… | Direct-to-consumer sales permitted at farmers markets, events, and from home. Under standard cottage food (§50-50-116), no consignment, ret… | Direct-to-consumer sales permitted at farmers markets, events, and from home. Under standard cottage food (§50-50-116), no consignment, ret… |
| Home occupation permit | Varies | Conditional | Conditional |
| Local business license | Varies | Varies | Varies |
| Restrictions | Must produce in primary residence kitchen. Pets must be excluded during production. No routine inspection. One-time $40 registration fee wi… | Cottage food operations must register with local health authority under Mont. Code §50-50-117. Non-potentially-hazardous foods only under s… | Cottage food operations must register with local health authority under Mont. Code §50-50-117. Non-potentially-hazardous foods only under s… |
| Food storage | Products stored appropriately; temporary vehicle storage for transport only | Products must be non-potentially hazardous (standard cottage food track) or properly disclosed as unlicensed/uninspected (MLFCA track). Pro… | Products must be non-potentially hazardous (standard cottage food track) or properly disclosed as unlicensed/uninspected (MLFCA track). Pro… |
| Population | 34,200 | 9,469 | 9,435 |
Cottage food law and municipal zoning interact in non-obvious ways. Before investing in equipment or marketing, talk to Montana's department of agriculture, your local health department, and your county or city's planning office. Crosodo is a clothing brand for cottage bakers, not a law firm.