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Can I sell food from home in Montana?
Montana cottage food law at a glance
| Home food sales allowed | yes Cottage Food Operation (registration) + Montana Local Food Choice Act (food freedom, 2021) |
|---|---|
| Law | Cottage food: MCA 50-50-102, 50-50-116, 50-50-117; ARM 37.110 subchapter 5 (labels ARM 37.110.504). Local Food Choice Act: MCA 50-49-201 et seq. (SB 199, 2021) |
| Sales cap | No cap stated in DPHHS cottage food guidance or in the Local Food Choice Act |
| Permit or registration | registration. Cottage food: register with county/local environmental health (sanitarian) with recipes and labels; one-time $40 fee (re-register and re-pay when moving or adding recipes/labels). Not inspected except on complaint/illness. No training requirement stated. Not needed if selling only farmers-market-exempt items at farmers markets. MLFCA sellers need no license, registration or inspection. |
| Sell in person | yes |
| Take online orders | limited |
| Ship within the state | no |
| Ship to other states | no |
| Sell to shops and cafes | no |
| Where you can sell, details | Cottage food: face-to-face sales from home, farmers markets, bazaars, fairs, or delivery by the producer; may advertise/coordinate online or by phone but no mail, couriers, USPS/UPS/FedEx, Amazon/eBay; no restaurants, stores or out-of-state. MLFCA: direct to an informed end consumer in Montana only, for home use or traditional community events; pre-arranged delivery OK; no roadside stands or retail resale. |
yes = allowed; limited = allowed with conditions; no = not allowed; unverified = we could not confirm it from an official source.
What foods can you sell from home in Montana?
Allowed: Cottage food: approved list of non-potentially-hazardous items - breads, cakes, cookies, pastries, crackers, granola, nuts, snack mixes, most baked pies, dried fruit, standardized jams/jellies/fruit butters, dry herb/spice/tea mixes, popcorn, cotton candy, cooked candies/fudge, molded chocolate, honey; others case by case. MLFCA: broad homemade foods incl. many TCS items (meat/poultry per Dept. of Livestock guidance).
Not allowed: Cottage food: anything needing refrigeration (cream/custard/pumpkin pies, cheesecake, butter-based buttercream unless tested), freezer jams, canned fruits/vegetables, fermented foods, meat or cheese products, dairy, eggs, pet treats. MLFCA: no alcohol, THC, or health claims; meat subject to Livestock rules.
Label requirements in Montana
Required statement: Made in a home kitchen that is not subject to retail food establishment regulations or inspections. exact wording from an official source
Other label items: Cottage food (ARM 37.110.504 per DPHHS guidance): operation name and full address, product name, ingredients incl. sub-ingredients by descending weight, net quantity, allergen labeling; statement in 11-point or larger type. All products must be packaged and labeled (unpackaged cakes: labeling on invoice). MLFCA: no label required, but seller must inform buyer the food is not licensed, permitted, certified, packaged, labeled or inspected.
Selling from home in Montana? The Cottage Kitchen Toolkit prices your recipes for markets, pre-orders and shops. It scales batches and prints ingredient and allergen labels with Montana's required statement filled in. It also has this guide for all 50 states and DC. One-time price, and it works offline.
Get the toolkit Try the free cookie price checkNotes
Two pathways: registered Cottage Food Operation (2015 law) and the 2021 Montana Local Food Choice Act (MLFCA), which exempts informed-end-consumer sales from licensing, labeling and inspection; DPHHS MLFCA guidance dated Oct 1, 2023. Private farmers markets may impose stricter rules. A 2025 draft to revise the Cottage Food Act reportedly died (secondary source). Registration guidance doc dated March 2020; FAQ dated 2018.
Sources
- MT DPHHS Farmer's Market / Cottage Food info page official
- MT DPHHS Cottage Food Operation Guidance and Registration (March 2020) official
- MT DPHHS Cottage Food FAQ official
- MT DPHHS Montana Local Food Choice Act Guidance (Oct 1, 2023) official
- MCA 50-50-117 Registration of cottage food operations official
Last checked: 2026-10-24 · confidence: high (high = key facts confirmed on an official page; medium = partly confirmed or secondary sources agree; low = a single secondary or outdated source). Summaries are our own wording, not the text of the law.
This page is a research summary, not legal advice. Laws change, and cities and counties can add their own rules. Confirm with your state agency and local health department, using the official sources below, before you sell.