Cottage food rules
Does Montana Have Cottage Food Laws? What Home Bakers Can Sell
A clear look at Montana's cottage food rules so you know what you can bake and sell from home.
On this page
What to remember
- Montana allows cottage food operations to make food that is not potentially hazardous in a home kitchen.
- Baked goods, jams, jellies, preserves, fruit butters, and dry spice blends are named in the state materials.
- Montana sets no dollar limit on cottage food sales.
- A violation can carry a civil penalty of up to $500.
If you bake from your home kitchen and sell to neighbors, the first question is usually whether Montana even has rules for you. It does. The rules are specific enough to check before you take orders, but they are also clear enough to plan around. The Montana Department of Agriculture also lists Montana Farmer’s Market & Cottage Food Information among its food and agricultural regulatory resources, so the state treats this as a real food business path.
What Montana allows from a home kitchen
Montana’s cottage food operation rules allow food that is not potentially hazardous to be produced in a person’s home kitchen. The state materials name baked goods, jams, jellies, preserves, fruit butters, and dry spice blends as examples. For a home baker, that means the everyday items you are most likely to sell are the ones the state calls out. Check the current state list before you add a new item.
The Montana DPHHS Cottage Food Operation Guidance and Registration page contains the information and registration form for cottage foods. The Administrative Rules of Montana include Subchapter 37.110.5 on Cottage Food Operations, which covers the manufacture of cottage food products. Cascade County also publishes a document that compiles the Cottage Food Administrative Rules of Montana and Montana Codes Annotated if you want the rule text in one place. Start with the DPHHS page, then use the rule text when you need the exact language.
No dollar cap on Montana cottage food sales
Montana sets no dollar limit on cottage food sales. That means the ceiling on growth is your own kitchen and time rather than a statutory cap. You can plan your week around what you can actually bake, package, and deliver. If you are comparing states, this is a real difference to check.
What to check before you take orders
Read the DPHHS cottage food page
The Montana DPHHS Cottage Food Operation Guidance and Registration page contains the information and registration form for cottage foods. Use it as your starting point.
Confirm your food is on the allowed list
Montana allows food that is not potentially hazardous, and the state materials name baked goods, jams, jellies, preserves, fruit butters, and dry spice blends.
Read the administrative rule
The Administrative Rules of Montana include Subchapter 37.110.5 on Cottage Food Operations, which covers the manufacture of cottage food products.
Know the penalty
A cottage food operation that violates the chapter or rules adopted by the department is subject to a civil penalty not to exceed $500.
Plan around no sales cap
Montana sets no dollar limit on cottage food sales, so your limit is kitchen capacity and time.
Try Brevl free for 14 days
Free, no signup.
If you sell near a state line or you are moving your home bakery, compare the rules before you change your menu. The Idaho guide and the Minnesota guide are a good place to start. The Michigan guide is another state law page to read if you are comparing how home bakers sell.
Common questions
Does Montana have cottage food laws?
Yes. Montana has a cottage food operation law and administrative rules. The DPHHS page and the Administrative Rules of Montana both cover cottage food operations.
What foods can I sell under Montana cottage food rules?
Montana allows food that is not potentially hazardous. The state materials name baked goods, jams, jellies, preserves, fruit butters, and dry spice blends.
Is there a sales limit for Montana cottage food?
No. Montana sets no dollar limit on cottage food sales, so the limit is your kitchen and time.
What is the penalty for breaking Montana cottage food rules?
A cottage food operation that violates the chapter or rules adopted by the department is subject to a civil penalty not to exceed $500.
Do I need to register my Montana cottage food operation?
Montana DPHHS publishes a Cottage Food Operation Guidance and Registration page with a registration form. Use that page to confirm the current registration step for your kitchen.
Sources
- Montana DPHHS Cottage Food Registration
- Montana DPHHS Cottage Food Operation Guidance and Registration
- Montana Retail Food MCA
- Administrative Rules of Montana Subchapter 37.110.5
- Montana Department of Agriculture Food and Ag Regulatory Resources
- Cascade County Cottage Food ARMs and MCAs
- Cottage Food Law Library Montana
General information, not legal or tax advice. Rules can change, so confirm with the Montana DPHHS and the current rule text before you sell.