Montana’s cottage food laws make it easier for individuals to start a home-based food business by allowing the sale of certain low-risk, non-perishable foods without the need for a commercial kitchen or formal inspections. If you’re interested in selling homemade goods like baked items or jams, Montana’s laws are designed to help small food entrepreneurs. Here’s what you need to know about Montana cottage food laws, the licensing process, and how to get started.
1. What is a Cottage Food Producer in Montana?
A cottage food producer in Montana is someone who prepares and sells food items directly to consumers from their home kitchen. The types of foods allowed under Montana’s cottage food law include:
- Baked goods (such as breads, cookies, and cakes)
- Jams, jellies, and preserves
- Candy and confections
- Dried herbs and spices
- Certain non-potentially hazardous foods
These food items are considered non-perishable and do not require refrigeration for safety. This makes it easier for home-based food businesses to comply with health and safety standards without needing a commercial kitchen.
2. Montana Cottage Food Law
Montana’s cottage food law was created to encourage small-scale food production by allowing certain low-risk foods to be made in home kitchens. Here are some key aspects of the law:
- Direct Sales Only: Cottage food producers in Montana can only sell their products directly to consumers. This means you can sell at farmers markets, roadside stands, craft fairs, and directly from your home. Selling through retail stores or online is not allowed.
- No Sales Cap: There is no maximum income limit for cottage food producers in Montana, meaning you can sell as much as you can produce without a sales cap.
- Labeling Requirements: All cottage food products must include a label that lists the product’s ingredients and includes a disclaimer that the food was produced in a home kitchen not subject to regular health inspections.
These rules make it easy for small food entrepreneurs to sell homemade goods while staying compliant with state regulations.
3. When is a Food License Required in Montana?
While cottage food producers don’t need a commercial food license to sell their products, some food businesses do require a license. If you plan to sell potentially hazardous foods that need refrigeration or foods prepared outside of the scope of Montana’s cottage food law, you’ll need to apply for a food license. This applies to:
- Dairy products
- Meat or poultry products
- Temperature-controlled foods (like prepared meals)
To sell these products, you must prepare them in a licensed commercial kitchen, and your business will be subject to health department inspections.
4. Steps to Start a Cottage Food Business in Montana
Here are the basic steps to start your cottage food business under Montana’s cottage food law:
- Determine Your Products: Choose which non-hazardous foods you want to sell, such as baked goods, jams, or candies. Make sure your products comply with Montana’s cottage food guidelines.
- Label Your Products: All products need to be labeled with the name of the product, ingredients, and a statement that the food was made in a kitchen that is not subject to health department inspections.
- Sales Outlets: You can sell your cottage foods directly to consumers at local farmers markets, craft fairs, or from your home. Montana’s law allows you to interact directly with your customers, but you cannot sell through retailers or online platforms.
- Consider Food Safety Training: Although Montana doesn’t require formal food safety training for cottage food producers, it’s a good idea to learn about safe food handling and preparation techniques.
5. Expanding Beyond Cottage Foods
If you want to expand your business to include products outside of Montana’s cottage food law, such as prepared meals or temperature-sensitive foods, you’ll need to obtain a food license and comply with the state’s health regulations. This may include using a licensed commercial kitchen and undergoing regular health inspections.
*Disclaimer: This article or any content hereof is not a substitute for professional legal advice, does not create an attorney-client relationship, nor is it a solicitation to offer legal advice.