Cottage food rules
Cottage Food Laws in Montgomery County, Maryland
Know where you can sell, where to apply, and which Maryland rules to check before your first order.
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What to remember
- The county’s stated limit is farmer’s markets only.
- Apply at 2425 Reedie Drive, 9th Floor, Wheaton, MD 20902.
- Maryland rules require cottage food products to be processed and packaged in Maryland and produced or packaged in a residence.
- Check the Maryland Department of Health for approved products and labeling before you bake.
If you are just starting to compare rules, the cottage food laws by state map helps you see how state and county rules fit together. This guide stays on Montgomery County and the Maryland rules that sit behind the county license.
The county limit: farmer’s markets only
The first thing to plan around is the county limit. In Montgomery County, a Cottage Food Business may only offer its food products at farmer’s markets. That is the stated rule on the county’s 311 page, so do not assume porch pickup, online orders, or a home shop table are allowed just because your kitchen is inspected or your product is approved. Build your market plan around farmer’s markets first.
Where to apply and who to ask
A cottage food license application in Montgomery County can be made at the Office at 2425 Reedie Drive, 9th Floor, Wheaton, MD 20902. The county’s Farmer’s Market License page also directs operators to the Maryland Department of Health for information about operating a Cottage Food Business, including examples of approved and not approved cottage food products and labeling. The Maryland Department of Health’s Cottage Foods page lists the Office of Food Protection at 6 St. Paul Street, Suite 1301, Baltimore, MD 21202, phone (410) 767-8400.
Read the county limit first
Confirm that your plan is a farmer’s market plan, because the county says cottage food products may only be offered at farmer’s markets.
Prepare your application
Use the Office at 2425 Reedie Drive, 9th Floor, Wheaton, MD 20902 for the cottage food license application.
Check the Maryland approved foods list
The county sends you to the Maryland Department of Health for examples of approved and not approved cottage food products.
Check labeling before you print
The same county direction includes labeling, so get the Maryland labeling guidance before you order stickers or labels.
Which Maryland rules sit behind the county license
The county license does not stand alone. Under COMAR 10.15.03.27, the Department shall allow the owner of a cottage food business to sell only cottage food products processed and packaged in Maryland that are produced or packaged in a residence. The Maryland Department of Health cottage food guidelines are meant to help cottage food businesses understand the types of foods that are generally allowed or not allowed. The Maryland Department of Agriculture also publishes a Cottage Food Guidelines memo providing guidance on allowable foods to be produced and sold from a cottage food business located in Maryland. For a wider view of how these state rules are organized, see cottage food law requirements by state.
What to check before you bake for market day
Before you bake a full batch, work through the basics in order. Confirm the county farmer’s market limit, send your application to the Wheaton office, read the Maryland Department of Health guidance on approved and not approved products, and check the labeling guidance before you print. Then check the Maryland production rule again, because the product must be processed and packaged in Maryland and produced or packaged in a residence. If your recipe or packaging changes, repeat the check. Keep a copy of what you submitted and what you printed, so market day is not the first time you find a gap.
If you are also choosing how to take orders at the market, keep the law question separate from the tool question. The county rule decides where you may offer food. Your order and payment setup should make the allowed sales easy to track.
Common questions
Can I sell cottage food from my home in Montgomery County?
The county's stated limit is that a Cottage Food Business may only offer its food products at farmer's markets. Maryland rules also require cottage food products to be processed and packaged in Maryland and produced or packaged in a residence. Confirm your plan with the county before you sell.
Where do I apply for a cottage food license in Montgomery County?
A cottage food license application can be made at the Office at 2425 Reedie Drive, 9th Floor, Wheaton, MD 20902.
Which foods are allowed?
The county directs operators to the Maryland Department of Health for examples of approved and not approved cottage food products. The Maryland Department of Health guidelines are meant to help you understand the types of foods generally allowed or not allowed. The Maryland Department of Agriculture also publishes a Cottage Food Guidelines memo.
Where do I check labeling rules?
The county's Farmer's Market License page directs operators to the Maryland Department of Health for information about operating a Cottage Food Business, including labeling. Check that guidance before you print labels or stickers.
Does Senate Bill 838 change the rules now?
Maryland Senate Bill 838 would alter the definition of cottage food product to include nonpotentially hazardous foods. It is a bill, so check its status before you rely on it.
Can I take online orders?
The county page states that a Cottage Food Business may only offer its food products at farmer's markets. Confirm with Montgomery County before you plan online orders, pickup, or delivery.
Sources
This is general information for home bakers, not legal advice. Rules can change. Confirm with Montgomery County and the Maryland Department of Health before you sell.