Does Maryland Have Cottage Food Laws? What You Can Sell

On this page

1. What the Maryland cottage food law covers
2. Where you can sell your bakes
3. Before you take your first order

If you bake from your kitchen in Maryland and you want to sell what you make, the short answer is yes, there are cottage food rules and they work in your favor. The rules tell you what you can bake, where you can sell it, and where the line is. Here is what the law says in plain words, so you can plan a week of orders without guessing.

What the Maryland cottage food law covers

COMAR 10.15.03.27 is the regulation, and its title says a lot: Farmer’s Market, Bake Sales, and Cottage Food Business. It provides that a cottage food business may offer for sale the homemade foods specified in section B of that regulation. The Maryland Department of Health also publishes a guidance document, updated September 2025, that lists the allowable foods a Maryland Cottage Food Business may produce and sell. That list is the one to hold your own recipe box up against before you take an order.

The license free path is tied to the food itself. University of Maryland Extension explains that 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. Once other non cottage items or potentially hazardous foods are involved, Extension notes the exemption does not apply in the same way. If you ever decide to move into a licensed kitchen, what a Department of Agriculture home bakery license involves is worth reading first.

Where you can sell your bakes

Selling to a person is different from selling to a store. Under COMAR 10.15.03.27, the owner of a cottage food business may not sell or offer for sale a cottage food product to a retail food store until the Department has notified them in writing that the requirements are met. The regulation’s own title names farmers markets and bake sales alongside cottage food businesses. A cottage food law guide also notes that Maryland lets you run from a residential kitchen without a Department of Health license, subject to a sales limit, so keep a simple record of what you sell across the year.

Maryland’s list is not the same as the list next door, and a guide written for another state will not tell you what goes in your box. If you sell near a state line or you are simply comparing, Delaware’s cottage food rules and Georgia’s cottage food rules show how much the allowable foods vary from one state to the next.

Before you take your first order

1. 1

   Check your recipes against the state list

   Open the Department of Health guidance, updated September 2025, and compare it to what you bake. Anything that is not on the allowable list stays off your menu for now.

2. 2

   Keep everything on your own premises

   University of Maryland Extension notes that the license free path covers cottage food products stored on the premises of the business. Do not store finished bakes at a friend’s house or a storage unit.

3. 3

   Hold off on retail stores

   You may not sell or offer a cottage food product to a retail food store until the Department has notified you in writing that the requirements are met.

4. 4

   Watch the sales limit

   A cottage food law guide notes that Maryland’s license free cottage food business is subject to a sales limit. Track your sales as you go so you always know where you stand.

5. 5

   Ask before you guess

   The Office of Food Protection answers questions about cottage foods. A short call now saves a wasted batch later.

None of this has to be scary. Maryland built a path for home bakers and the path is written down. Read the allowable foods list once, keep your menu inside it, and put your energy into the baking and the selling.

Common questions

Do I need a license to sell baked goods from my Maryland kitchen?

A cottage food law guide states that Maryland lets you run a cottage food business from a residential kitchen without a Department of Health license, subject to a sales limit. University of Maryland Extension ties that license free path to selling only cottage food products stored on the premises of the business.

Can I sell my bakes to a grocery store or a cafe?

Not straight away. Under COMAR 10.15.03.27, the owner of a cottage food business may not sell or offer for sale a cottage food product to a retail food store until the Department has notified them in writing that the requirements are met.

Which foods am I allowed to make?

The Maryland Department of Health publishes a guidance document, updated September 2025, that lists the allowable foods a Maryland Cottage Food Business may produce and sell. COMAR 10.15.03.27 points to the homemade foods specified in section B of that regulation.

What if I add other items to my menu?

University of Maryland Extension notes that if other non cottage items or potentially hazardous foods are involved, the cottage food exemption from licensing does not apply in the same way.

Who do I ask if my bake is not on the list?

The Maryland Department of Health keeps a Cottage Foods page under its Office of Food Protection, reachable at 6 St. Paul Street, Suite 1301, Baltimore, MD 21202, phone (410) 767-8400.

Sources

1. Maryland Department of Health, Cottage Foods
2. Maryland Department of Health, Updated Cottage Food Guidelines 2025
3. COMAR 10.15.03.27 Farmer's Market, Bake Sales, and Cottage Food Business
4. COMAR 10.15.03.27 (Cornell LII copy)
5. University of Maryland Extension, Cottage Food Business Law
6. Cottage Food Law Library, Maryland

This is general information about Maryland cottage food rules, not legal advice. Rules change, so confirm the details with the Maryland Department of Health before you sell.