Montana Cottage Food Law 2026
Last reviewed:
No License Needed
Limit: Unlimited / Year
⚠️ Important Disclaimer
CottageFoodLicense.com is an informational platform, not a law firm. The information provided by our AI Checker, templates, and guides does not constitute legal advice. Cottage food laws change frequently. You must verify all information with your local health department before selling products.
Allowed
- ✓Baked goods (non-TCS)
- ✓Jams, jellies, preserves, fruit butters
- ✓Candy and confections
- ✓Dried fruits, vegetables, herbs, teas, spice/dry mixes
- ✓Pickles and high-acid fermented foods
- ✓Kombucha
- ✓Honey
- ✓Whole shell eggs (clean, uncracked, stored ≤45°F)
- ✓Raw milk and cream from small dairies (≤5 cows / ≤10 goats / ≤10 sheep; bi-annual SPC/coliform/SCC and annual brucellosis testing required)
- ✓Poultry from on-farm slaughter (≤1,000 birds/year; 9 CFR 381.10(c) + 381.175 recordkeeping)
Prohibited
- ✕Meat and meat products regulated by the MT Department of Livestock (beef, pork, lamb, beef/chicken stock)
- ✕Fish and seafood
- ✕Wild game
- ✕Any product intended for wholesale or resale
Labeling Protocols
01Required disclosure to the 'informed end consumer' (verbal or written): the product 'has not been licensed, permitted, certified, packaged, labeled, or inspected per any official regulations' (MCA § 50-49-205)
02DPHHS-recommended written label: 'This product was home-produced in accordance with the Montana Local Food Choice Act. It is exempt from Montana food safety regulations and is intended to be consumed in a home or at a community social event.'
03Producer name and address (recommended; required if optional Cottage Food Operation registration is used)
04Ingredient list and allergen disclosure (required under legacy Cottage Food path; recommended under LFCA)
FAQs
Do I need a license or to register?
No. Under the Montana Local Food Choice Act (MCA § 50-49-203), homemade-food producers are exempt from any state or local licensing, permitting, certification, packaging, labeling, testing, or inspection requirements. A separate legacy Cottage Food Operation registration ($40, one-time, via the county sanitarian) still exists but is rarely needed.
Is there a sales cap?
No. The LFCA imposes no income or gross-sales limit.
Can I ship products within Montana?
No. Both the LFCA and the legacy Cottage Food path require direct, in-person delivery within Montana. Online ordering and payment are allowed, but the producer (or the producer's designated agent) must hand off the product in person. Mail, common-carrier shipping, and third-party delivery services are not permitted.
Can I sell to restaurants, grocers, or out of state?
No. Sales must be direct producer-to-'informed end consumer,' intrastate only. Wholesale, consignment, and interstate sales are not permitted under either path.
Can I sell raw milk, eggs, or poultry?
Yes, under the LFCA, with limits: raw milk only from a 'small dairy' (≤5 cows or ≤10 goats/sheep) with mandatory bi-annual SPC/coliform/SCC and annual brucellosis testing; whole shell eggs (clean, uncracked, ≤45°F); and on-farm poultry slaughter up to 1,000 birds/year following federal 9 CFR 381.10(c)/381.175 recordkeeping.
What disclosure must I give the buyer?
Per MCA § 50-49-205, you must inform the buyer that the product 'has not been licensed, permitted, certified, packaged, labeled, or inspected per any official regulations.' DPHHS recommends a written label such as: 'This product was home-produced in accordance with the Montana Local Food Choice Act. It is exempt from Montana food safety regulations and is intended to be consumed in a home or at a community social event.'
Are wedding cakes and farmers-market sales allowed?
Yes. Both non-TCS wedding cakes and farmers-market sales are explicitly permitted; SB 202 (2023) strengthened farmers-market protections and barred county commissioners from imposing extra requirements on LFCA transactions.
What Comes Next
After You Verify Compliance: Your Next 4 Steps
Some links below are affiliate links — we earn a small commission at no cost to you. We only recommend services we'd suggest to a friend. Full disclosure.
- 01
Liability Shield
Form an LLC
Separating your personal finances from your cottage food business protects your home and savings if a customer ever brings a claim. Both providers below file in all 50 states and handle registered agent service for Montana.
- 02
Protect Your Kitchen
Get Product Liability Insurance
A single allergy incident or contamination claim can erase years of profit. FLIP (Food Liability Insurance Program) is built specifically for cottage food operators — flat-rate annual policies with farmers market and online sales coverage included.
- 03
Recommended in Montana
Complete Food Safety Training
Montana does not mandate food safety training, but completing one builds buyer trust and protects you if a labeling or handling question ever arises. Learn2Serve's online course takes a few hours.
- 04
Production Ready
Set Up Your Kitchen and Labels
The right thermometers, storage containers, scale, and label printer turn a home kitchen into a compliant production space. Our Week 11 equipment guide walks through what we use and the Montana-specific labeling fields you'll need.
Official Sources
Verify current requirements directly with the state:
- DPHHS — Cottage Food & Farmers Markets
- DPHHS — Montana Local Food Choice Act Guidance (PDF)
- MCA Title 50, Ch. 49, Part 2 — Montana Local Food Choice Act
- MCA § 50-49-203 — Exemptions from regulations
- SB 199 (2021) — Enrolled Bill (PDF)
- SB 202 (2023) — Farmers Market revision (PDF)
- MSU Extension — SB 199 LFCA explainer
- Institute for Justice — Selling Homemade Food in Montana
At a Glance
Permit Fee
$0
LFCA: $0 (no license or registration). Legacy Cottage Food Operation: $40 one-time registration with county sanitarian.
Renewal
N/A under LFCA; one-time registration under legacy Cottage Food path
Shipping