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Cottage food laws

Montana Cottage Food Law

Can you sell homemade food from your home kitchen in Montana? Here are the sales cap, allowed foods, where you can sell, and the point where you must move into a licensed commercial kitchen.
Educational summary, not legal advice — cottage food rules change; confirm with the state before you sell.
Program
Montana Local Food Choice Act (food freedom)
Annual sales cap
No cap
Where you can sell
Direct/in-person only (in-state)Farmers marketsHome pickupEvents
Registration / to start
None (no license, permit, inspection, or training); informed-consumer disclosure required
Allowed foods
Almost any homemade food incl. baked goods, jams/jellies, candy, dried goods, pickles/high-acid fermented foods; poultry if <1,000 birds/yr slaughtered
Not allowed
Foods containing meat (other than qualifying poultry); sales via stores/restaurants, shipping, or interstate
When you need a commercial / commissary kitchen
Any wholesale/retail, shipping, interstate sales, or meat products require a licensed/inspected facility
Administered by
Montana DPHHS / local health (largely deregulated) · Mont. Code Ann. § 50-57 (MLFCA, 2021; amended 2023)

Source: Montana DPHHS / local health (largely deregulated). Cottage food laws change often — confirm current rules before selling.

Good to know

Food-freedom law: direct-to-informed-consumer only, must be consumed in a home or at certain events; no cap; label/verbal disclosure that food is unregulated required.

Outgrowing cottage food? When you need a licensed kitchen, see Montana food-business requirements, estimate the build with the cost-to-open calculator, and check whether you need a hood.

Frequently asked

Can I sell homemade food in Montana?
Yes. Montana has a cottage food framework (Montana Local Food Choice Act (food freedom)) that lets individuals make and sell certain non-hazardous foods from a home kitchen. There is no sales cap. You still must follow the state's rules on allowed foods, labeling, and where you can sell. Administered by Montana DPHHS / local health (largely deregulated).
What foods can I sell under Montana's cottage food law?
Almost any homemade food incl. baked goods, jams/jellies, candy, dried goods, pickles/high-acid fermented foods; poultry if <1,000 birds/yr slaughtered Not allowed: Foods containing meat (other than qualifying poultry); sales via stores/restaurants, shipping, or interstate
When do I need a commercial or commissary kitchen in Montana?
Any wholesale/retail, shipping, interstate sales, or meat products require a licensed/inspected facility At that point, see the requirements and permit fees for your area.
Do I need a license or registration for cottage food in Montana?
None (no license, permit, inspection, or training); informed-consumer disclosure required
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