Cottage food rules
Cottage Food Laws in Washington County, Maryland
What home bakers in Washington County need to check before selling from home.
On this page
What to remember
- Maryland does not license cottage food businesses, but county and municipal rules still apply.
- The Maryland Department of Health publishes the allowable cottage food products.
- Washington County says you may sell only cottage food products stored on the premises of the business without a food license.
- Confirm your kitchen and sales plan with the Washington County Health Department before you take orders.
- Maryland bill SB0838 from the 2026 session would change the cottage food definition, so check its status.
If you are just starting, the rules can feel split between the state and the county. Maryland sets the cottage food law, and the Washington County Health Department handles the local side: regulation, licensure, and inspection of facilities that prepare or provide food to the public in the county. For another Maryland county, see our Montgomery County guide.
What Maryland allows
Maryland passed a modified cottage food law in 2012 that allowed people to run a home-based bakery or home food processing company. The law was updated in 2018. The Maryland Department of Health publishes a guidance document that covers the allowable foods a Maryland cottage food business may produce and sell, and it keeps an official Cottage Foods page for the state program. Those two pages are your first stop, because the allowed list is what keeps your baking inside the law.
What Washington County adds
The Washington County Health Department is responsible for the regulation, licensure, and inspection of facilities that prepare or provide food to the public in Washington County. Its cottage food information says that, by law, the owner of a cottage food business may sell only cottage food products stored on the premises of the business without needing a food license. So the practical question is not only what you bake, but where it is stored and sold. If you plan to sell from your home, at a market, or somewhere else, ask the county to confirm that your plan fits.
A simple way to check before you sell
Read the state list
Open the Maryland Department of Health cottage food guidance and the official Cottage Foods page. Check that each item you plan to bake is on the allowable list before you print labels or take orders.
Call Washington County
Ask the Washington County Health Department whether your kitchen, storage, and sales plan meet county rules. The county handles food regulation, licensure, and inspection in Washington County.
Keep sales tied to your premises
The county says a cottage food business may sell only cottage food products stored on the premises of the business without a food license. If your plan involves storing food somewhere else, ask before you do it.
Write down what you checked
Keep notes of who you spoke with, the date, and what you were told. That way you can repeat the same answers when you take orders or someone asks about your business.
Watch for 2026 changes
Maryland bill SB0838 from the 2026 session would alter the definition of cottage food product to include nonpotentially hazardous foods. It is a bill, so check whether it passed before you change your menu.
What is changing in 2026
SB0838 is the bill to watch. It would alter the definition of cottage food product to include nonpotentially hazardous foods. It is a bill, so check whether it passed before you change your menu. If it becomes law, the Maryland Department of Health guidance and the Washington County Health Department are still the places to confirm what you can sell.
Once your plan is clear, our guide to payment methods to confirm before you take orders can help you get paid without surprises.
Common questions
Do I need a license to sell cottage food in Washington County, Maryland?
Maryland cottage food businesses are not licensed by the state, but they must comply with all applicable county and municipal laws. The Washington County Health Department says a cottage food owner may sell only cottage food products stored on the premises of the business without a food license. Confirm your plan with the county before you sell.
What foods can I sell?
The Maryland Department of Health publishes a guidance document that covers the allowable foods a Maryland cottage food business may produce and sell. Check that list and the county rules before you bake for sale.
Who handles food rules in Washington County?
The Washington County Health Department is responsible for the regulation, licensure, and inspection of facilities that prepare or provide food to the public in Washington County. Its cottage food information is a good place to start.
Do county laws still apply if the state does not license me?
Yes. COMAR 10.15.03.27 requires the owner of a cottage food business to comply with all applicable county and municipal laws and ordinances regulating the preparation, processing, storage, and sale of cottage food products.
Is there a 2026 change I should watch?
Maryland bill SB0838 from the 2026 session would alter the definition of cottage food product to include nonpotentially hazardous foods. It is a bill, so check whether it passed before you change your menu.
Sources
- Maryland Department of Health Cottage Food Guidelines 2025
- University of Maryland Extension: Cottage Food Business Law
- Washington County Health Department: Cottage Food Information
- Washington County Health Department: Forms and Applications
- COMAR 10.15.03.27 Cottage Food Businesses
- Maryland General Assembly: SB0838 (2026 session)
- Maryland Department of Health: Cottage Foods
This is general information for home bakers, not legal advice. Cottage food rules can change. Confirm your situation with the Washington County Health Department and the Maryland Department of Health before you sell.