Selling Homemade Foods

Montana's Cottage Food Law

by Sheila Friedrich
MSU Extension Agent in Sheridan County

With the recent resurgence of interest in producing and purchasing locally-sourced food, Montana’s revised cottage food bill took a big step forward in allowing certain food items to be produced in a home kitchen and sold to the public. The revised cottage food law went into effect in October, 2015, and allows individuals to produce and sell non-potentially-hazardous foods such as baked goods, candy, cereals, granola, nuts and nut mixes, preserves and honey. Cottage food products can only be sold in Montana and must be sold directly to the customer.

Registration with the local Environmental Health Agency is required. There is a one-time application fee of $40. If the location of the operation moves or an operator submits additional recipes and labels, the operator will have to re-register.

During the application process, the operator makes assurances that food items will be produced in a clean kitchen. There are restrictions on using tobacco, eating and drinking during the packaging of cottage foods, as well as the access of household pets during production.

While the cottage food law has cleared a way for home producers of food to sell their products, the application process is very detailed and takes some time to complete. A recipe must be submitted for each product being produced and must clearly identify the ingredients and measurements, as well as the directions.

The operator must submit a copy of all steps not listed in the recipe for processing or packaging, as well as a list of special equipment that will be used such as dehydrators, vacuum sealers, pressure cookers, etc. A description of all types of packaging that will be used and the process of how the product is packaged must also be provided.

A detailed label is required for each product. Along with ingredients of the food product, from highest weight ingredient to lowest weight, the label must also identify common allergens and include a statement that the product was made in a home kitchen.

Completed applications are submitted to the County Sanitarian for approval, and they issue a certificate to the cottage food operator. Those who produce foods that are only sold at a farmer’s market don’t have to register them as a cottage food.

The publication, Montana DPHHS Cottage Food Operation Guidance and Registration is available at https://dphhs.mt.gov/publichealth/FCSS/cottagefood. The helpful, detailed guide is also the location of the application form, and it provides examples of what should be included in the application. Your local Extension agent may also be available to assist with creating a product label and preparing recipes for submission.