Montana cottage food law

The rules at a glance

Cottage Food Program

• Unattended honesty stand?

  Not addressed

  The law doesn't address unattended, self-serve or honor-system stands.

• Sign up with the state?

  Yes

  Register locally; $40 one-time fee. Farmers' market-only sellers of these foods need not register.

  Source

  • a cottage food operation must meet the conditions in this section and shall register with a local health authority as provided in 50-50-117Montana Code Annotated 50-50-116: conditions for cottage food operation exemption
  • A person in charge of a cottage food operation shall register with the local health authority in the county in which the person's domestic residence is located and pay a registration fee as provided in subsection (6)Montana Code Annotated 50-50-117: registration of cottage food operations
  • Register with the local Environmental Health Agency. The application fee is a one-time registration fee of $40.00Montana DPHHS: Cottage Food Operation Guidance and Registration (PDF)
  • A person selling food that is not potentially hazardous or otherwise listed in subsection (2) if selling only at a farmer's market is not required to register as a cottage food operationMontana Code Annotated 50-50-121: requirements for farmer's markets

• Food safety class?

  Not addressed

  The cottage food law doesn't mention a food safety class.

• Kitchen inspection?

  Sometimes

  No routine checks. Inspected only after a complaint or illness.

  Source

  • Cottage Food Operations are not inspected, unless there is a complaint or illness investigationMontana DPHHS: Cottage Food Frequently Asked Questions (PDF)
  • grant the local health official access to my residence for the purpose of inspection in the event of a complaint based on an illness associated with my product(s)Montana DPHHS: Cottage Food Operation Guidance and Registration (PDF)

• Yearly sales limit

  No limit

  The cottage food law sets no yearly sales cap.

  Source

  • Cottage food products must be sold directly to the consumer within the State of MontanaMontana DPHHS: Cottage Food Operation Guidance and Registration (PDF)
  • "Cottage food operation" means a person who provides, manufactures, or packages cottage food products only in a kitchen in a registered area of a domestic residence and only for direct sale to a consumer in this stateMontana Code Annotated 50-50-102: definitions

• Foods that need a fridge?

  No

  Only non-potentially hazardous foods. Nothing that needs refrigeration.

  Source

  • "Cottage food products" means foods that are not potentially hazardous and are processed or packaged in a cottage food operation, including jams, jellies, dried fruit, dry mixes, and baked goodsMontana Code Annotated 50-50-102: definitions
  • Only specific foods that are defined as "non-potentially hazardous" are approved for preparation by Cottage Food OperatorsMontana DPHHS: Cottage Food Frequently Asked Questions (PDF)

• Take orders online?

  No

  Advertise and coordinate online, but the sale must be face to face.

  Source

  • The direct sale may not be by consignment or involve shipping or internet salesMontana Code Annotated 50-50-102: definitions
  • A cottage food operator may advertise and coordinate the sale of their approved products via the internet, social media, other electronic communications, or phoneMontana DPHHS: Cottage Food Frequently Asked Questions (PDF)
  • A face-to-face transaction with the consumer is requiredMontana DPHHS: Cottage Food Operation Guidance and Registration (PDF)

• Ship or mail orders?

  No

  No mail, courier or delivery service. Hand the food over in person.

  Source

  • The direct sale may not be by consignment or involve shipping or internet salesMontana Code Annotated 50-50-102: definitions
  • Cottage food products cannot be sold to restaurants, distributors, wholesale or by e-mail or mail orderMontana DPHHS: Cottage Food Operation Guidance and Registration (PDF)

• Sell through shops?

  No

  Direct to consumers only. No shops, restaurants or wholesale.

  Source

  • Providing cottage food products by consignment, including at a retail food establishment or through a wholesale establishment, is prohibitedMontana Code Annotated 50-50-116: conditions for cottage food operation exemption
  • Selling or providing these food products to grocery stores or other retail food establishments such as restaurants is prohibitedMontana DPHHS: Cottage Food Frequently Asked Questions (PDF)
  • Cottage food products cannot be sold to restaurants, distributors, wholesale or by e-mail or mail orderMontana DPHHS: Cottage Food Operation Guidance and Registration (PDF)

What goes on the label