7 min read

Maryland Cottage Food Law

Maryland cottage food law lets you make shelf-stable food in your home kitchen and sell it without a state food license or routine inspection, as long as your cottage food revenue stays at or under $100,000 a year. Sell from home, at farmers markets, bake sales and public events, by personal delivery or by mail, all inside Maryland. Grocery stores and food co-ops are open to you too, once the Maryland Department of Health has reviewed your label and food safety training.

Maryland cottage food law: map of the United States with Maryland highlighted
Sales cap$100,000 a yearAnnual revenue from the sale of cottage food products, raised from $50,000 by House Bill 535.Health-General § 21-301(b-1)
License or feeNoneA cottage food business that follows the law needs no license from MDH, so there is no license fee.Health-General § 21-330.1(b)
Where you can sellMaryland onlyDirect to consumers in person, by delivery or by mail, plus licensed retail food stores after MDH approval. No sales across state lines.
TrainingOnly for storesAn MDH and ANSI approved food safety course, needed before you sell to a retail food store.
01

Who counts as a cottage food business in Maryland

Maryland calls you a "cottage food business": you produce or package cottage food products in a residential kitchen, sell them the way the law allows, and keep your annual revenue from those products within the cap. The food is made, packaged, labeled and stored in your home. It can't be cooked or bagged on site at a market.

Maryland Health-General § 21-301(b-1), as amended by Chapter 320 (House Bill 535)“Cottage food business” means a business that: (1) Produces or packages cottage food products in a residential kitchen; (2) Sells the cottage food products in accordance with § 21-330.1 of this subtitle and regulations adopted by the Department; and (3) Has annual revenues from the sale of cottage food products in an amount not exceeding $100,000.

Heads up: MDH's guidance documents and the regulation COMAR 10.15.03.02 still print the old $50,000 figure. The statute is what counts, and it now says $100,000.

02

Which foods you can sell

Only non-potentially hazardous foods: food that stays safe on a shelf without refrigeration. MDH's allowed list includes:

  • Breads, bagels, biscuits, tortillas, muffins, brownies and cookies
  • Cakes and cupcakes without perishable icing or fillings
  • Pies, turnovers and tarts from fruits with a natural pH of 4.6 or below
  • Hot-filled jams, jellies and preserves from acid fruits like apples, peaches, plums and berries
  • Fruit butters from apple, apricot, grape, peach, plum, prune or quince only
  • Hard candy, brittle, toffee, lollipops and chocolate-covered pretzels or nuts
  • Granola, trail mix, popcorn, kettle corn and roasted nuts
  • Whole roasted coffee beans, and repackaged commercial spice, seasoning and tea blends

These stay off limits as cottage food:

  • Anything that needs refrigeration: cheesecake, cream and custard pies, pumpkin, sweet potato and meringue pies
  • Pickles, salsa, pepper jelly, relish and other acidified or fermented foods (sourdough bread is the exception)
  • Low-acid canned foods, and garlic or vegetables in oil
  • Meat, poultry, fish, shellfish, milk and dairy products
  • Beverages of any kind, syrups and extracts
  • Homemade nut and seed butters, fudge and soft caramels
  • Sugar-free jams and jellies, dehydrated or freeze-dried foods (store-bought shelf-stable candy is the one freeze-dried exception)

Some foods sit in between. Buttercream or cream cheese icings, glazes made with water, moist quick breads like banana or zucchini bread, and baked goods with alcohol added after baking can qualify if a third-party lab shows a water activity of 0.85 or below or a pH of 4.6 or below. Keep copies of those results with you at public events.

03

Where and how you can sell

Every sale happens inside Maryland. Interstate sales are prohibited, so advertise online as much as you like, but sell and mail only to customers in the state.

Way of sellingAllowed?
From your home, at farmers markets and public eventsYes
Bake salesYes, when tied to a fundraising event
Personal deliveryYes
Mail orderYes, within Maryland only
Grocery stores, convenience stores, retail bakeries, food co-opsYes, after MDH review and its compliance letter
Restaurants, coffee shops and cafeteriasNo
Customers in other statesNo

A "retail food store" is a licensed food service facility selling prepackaged food. A gift or antique shop without a food license doesn't qualify, and neither does a table outside a shop or your apartment building that isn't part of a fundraiser.

Free samples are fine if you portion and wrap them at home. The packaged products on your table carry the full label, so customers can read the ingredients.

04

Licenses, the MDH review and training

A cottage food business needs no license from MDH when it follows the law. Most home bakers simply start: no application, no fee, no kitchen inspection. Two things do go through MDH, both through its Cottage Food Business Request Form:

  • A unique ID number, if you'd rather not print your home address on the label
  • Approval to sell to retail food stores: you submit the store label and proof of a food safety course from the past 3 years, approved by MDH and the American National Standards Institute
COMAR 10.15.03.27C(7)The owner of a cottage food business may not sell or offer for sale a cottage food product to a retail food store until notified by the Department, in writing, that the requirements stated in §C(6) of this regulation are satisfactorily met.

Counties and towns can still regulate home businesses. Check zoning and business license rules with your local government, and ask your local health department before you join a farmers market or event.

Inspections only follow a complaint or a reported illness. Then the health department may enter your home kitchen, look around and take samples, and you have to let them in.

05

When you outgrow the Maryland cottage food law

Over the cap, selling across state lines, or making refrigerated foods? MDH's decision tool points to three routes:

Your planWhat you need
Retail sales, including online sales nationwide, with up to 49% wholesaleA food service facility license from your local health department, in a commercial kitchen
Mostly wholesale (more than 50% of sales)A food processing plant license from MDH, after plan review and a pre-opening inspection
You own an agriculturally zoned farmAn on-farm home processing license, which covers some foods cottage food doesn't

Once you sell as a licensed business, federal labeling applies in full: ingredient list, net quantity in two units, and in most cases a Nutrition Facts panel.

Nutrition Facts Label Requirements →
The label

What your Maryland cottage food label must say

Every product is prepackaged and labeled in English before it leaves your home.

  1. 1
    Business name and address
    Your home kitchen's street address (no P.O. box), or your MDH ID number plus your phone number.
  2. 2
    Product name
    The common name of the food, like "Blackberry Jam".
  3. 3
    Ingredients
    In descending order by weight, with sub-ingredients in parentheses.
  4. 4
    Net weight or volume
    How much is in the package. MDH also accepts a count.
  5. 5
    Allergens
    As federal rules require, in the ingredient list or a Contains line.
  6. 6
    Nutrition information
    Only if you make a nutrition or health claim.
  7. 7
    The cottage food statement
    Printed in 10 point or larger type, in a color that contrasts clearly with the label background.
  8. 8
    Retail store extras
    Phone number, email address and the date the food was made, for products sold in a store.
  9. Required statement, word for wordCopy exactlyMade by a cottage food business that is not subject to Maryland's food safety regulations.
Questions

Maryland Cottage Food Law: questions

No. A cottage food business that follows Health-General § 21-330.1 doesn't need a state food license. Your county or town may still have zoning or business license rules, so check with them.

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