Montana Cottage Food Law
A complete guide to cottage food regulations in Montana (MT) — revenue limits, allowed products, labeling, and permitting requirements.
Requirements & Restrictions
Permitting & Registration
- Food Handler Certification
- Not required
- Business License
- Not required
- State Registration
- Required — Local Environmental Health Agency (county or tribal), administered by Montana DPHHS
Where You Can Sell
- producer's home
- farmers' markets
- flea markets
- craft bazaars
- fairs
- parking lots (temporary/small venues)
- face-to-face delivery to purchaser
Allowed Products
- loaf breads, rolls, biscuits, quick breads, and muffins
- cakes (including celebration cakes such as birthday, anniversary, and wedding cakes)
- pastries and scones
- cookies and bars
- crackers
- cereals, trail mixes, and granola
- pies (except custard style, pies with fresh unbaked fruit, or pies requiring refrigeration)
- nuts and nut mixes
- snack mixes
- standardized jams, jellies, preserves, and fruit butters (per 21 CFR Part 150)
- repackaged commercially dried fruit or vegetables
- dried fresh fruits with natural pH below 4.6 (apples, apricots, grapefruit, lemons, limes, mangos, nectarines, oranges, peaches, plums, pomegranates, tangerines, blackberries, blueberries, cherries, cranberries, currants, gooseberries, grapes, raspberries, strawberries, huckleberries)
- dry herb combining and packaging, seasoning and mixture combining (e.g., dry bean soup mixes, dry teas and coffees, spice seasonings)
- popcorn, popcorn balls, cotton candy
- fudge, candies, and confections that require a cook step and do not require refrigeration after cooking
- molded chocolate using commercial chocolate melts
- honey
Prohibited Products
- custard style pies
- pies with fresh fruit that is unbaked
- pies that require refrigeration after baking
- dried fruit packaged using reduced oxygen packaging (including vacuum packaging)
- freezer or refrigerator-style jams/jellies/preserves/fruit butters
- jams/jellies/preserves/fruit butters sealed with paraffin wax
Labeling Requirements
The following information must appear on every cottage food product label sold in Montana:
Required Disclaimer
MADE IN A HOME KITCHEN THAT IS NOT SUBJECT TO RETAIL FOOD ESTABLISHMENT REGULATIONS OR INSPECTIONS
Additional Notes
Registration is NOT required if products are only sold at farmers' markets (farmers' market exemption applies). Registration fee is a one-time $40.00; re-registration required if operation location moves or new recipes/labels are submitted. No annual revenue cap exists; Montana explicitly does not use a sales cap because there is no state sales tax to track revenue. Sales must be direct (face-to-face) to the consumer within Montana only; sales to grocery stores, restaurants, distributors, or wholesale are prohibited; mail order, USPS/UPS/FedEx shipping, and third-party e-commerce platforms (e.g., Amazon, eBay) are prohibited. Online/social media advertising is allowed but transaction must be face-to-face. Label disclaimer must be printed in at least 11-point font in a color providing clear contrast to the background. For cakes and large items that cannot easily be packaged, all labeling requirements must appear on the invoice delivered with the product. Honey sales may have separate rules per the DPHHS Honey Sales FAQ. Montana Local Food Choice Act (MLFCA, enacted 2021, updated 2023) provides a separate, parallel pathway for homemade food sales that does NOT require registration, labeling, or inspection, but has its own restrictions. Other products not on the approved list may be approved on a case-by-case basis by the department in consultation with the local health authority. Cottage food operations are not routinely inspected; inspections only occur in response to a complaint or illness investigation.
Frequently Asked Questions
- What is the annual revenue limit for cottage food businesses in Montana?
- Montana does not impose a stated annual revenue limit on cottage food producers.
- Do I need a food handler certification to sell cottage food in Montana?
- No. Montana does not require a food handler certification for cottage food producers.
- Is a business license required for cottage food sales in Montana?
- No. Montana does not require a business license to operate a cottage food business.
- Does Montana require cottage food producers to register with the state?
- Yes. Montana requires cottage food businesses to register with Local Environmental Health Agency (county or tribal), administered by Montana DPHHS.
- Where can I legally sell cottage food products in Montana?
- In Montana, cottage food products may be sold at: producer's home, farmers' markets, flea markets, craft bazaars, fairs, parking lots (temporary/small venues), face-to-face delivery to purchaser.
- What allergen labeling standard applies to cottage food in Montana?
- Montana follows the FDA Big Nine allergen standard for cottage food labeling.
- What products are allowed under Montana cottage food law?
- The following product categories are permitted for cottage food production in Montana: loaf breads, rolls, biscuits, quick breads, and muffins, cakes (including celebration cakes such as birthday, anniversary, and wedding cakes), pastries and scones, cookies and bars, crackers, cereals, trail mixes, and granola, pies (except custard style, pies with fresh unbaked fruit, or pies requiring refrigeration), nuts and nut mixes, snack mixes, standardized jams, jellies, preserves, and fruit butters (per 21 CFR Part 150), repackaged commercially dried fruit or vegetables, dried fresh fruits with natural pH below 4.6 (apples, apricots, grapefruit, lemons, limes, mangos, nectarines, oranges, peaches, plums, pomegranates, tangerines, blackberries, blueberries, cherries, cranberries, currants, gooseberries, grapes, raspberries, strawberries, huckleberries), dry herb combining and packaging, seasoning and mixture combining (e.g., dry bean soup mixes, dry teas and coffees, spice seasonings), popcorn, popcorn balls, cotton candy, fudge, candies, and confections that require a cook step and do not require refrigeration after cooking, molded chocolate using commercial chocolate melts, honey.
- What products are prohibited under Montana cottage food law?
- The following products may not be sold under Montana's cottage food exemption: custard style pies, pies with fresh fruit that is unbaked, pies that require refrigeration after baking, dried fruit packaged using reduced oxygen packaging (including vacuum packaging), freezer or refrigerator-style jams/jellies/preserves/fruit butters, jams/jellies/preserves/fruit butters sealed with paraffin wax.