warebythe montana cottage food and food freedom laws, in plain english
what you can sell from your home kitchen in montana, who you register with, where you can sell, and what the label has to say. checked against the state’s own pages on october 14, 2026.
on this page
1at a glance2what you can sell3how to start4where you can sell5labels6what’s changed7good to know8questions9sourcesyes, montana gives you two ways to sell food from your home kitchen. under the cottage food law, register once with your county health department for $40, make shelf-stable foods like breads, cookies, jams and candy, label everything, and sell face to face anywhere in montana. under the montana local food choice act, you can sell almost any homemade food except most meat with no license or label, as long as you sell directly to the person who’ll eat it, at home or at a community event like a farmers market, and tell them it wasn’t licensed or inspected. neither law has a sales cap, and neither allows shipping.
montana cottage food rules at a glance
| the law | montana cottage food law and montana local food choice act (montana code annotated 50-50-116 and 50-50-117 (cottage food); 50-49-201 to 50-49-203 (local food choice act)) |
|---|---|
| who runs it | montana department of public health and human services (dphhs), through your county health department |
| registration | yes cottage food operation registration ($40, one time) |
| kitchen inspection | no |
| training | no |
| yearly sales cap | no sales cap |
| selling from your home | yes |
| selling at farmers markets and events | yescottage food: markets, fairs and bazaars; food freedom: community events like farmers markets |
| selling online orders | limitedyou can take orders online, but the handoff has to be in person in montana |
| selling delivering it yourself | yesfood freedom: you or your agent can deliver a prearranged order; cottage food: face to face, no couriers |
| selling shipping within the state | nocottage food bans mail and shipping; food freedom covers handoffs by you or your agent |
| selling shipping to other states | nomontana only |
| selling to stores, cafes and restaurants | nostores, cafes and restaurants need a wholesale food license |
what can you sell from home in montana?
you can sell
- breads, rolls and muffins
- cookies, bars and cakes
- fruit pies (not custard or cream)
- jams, jellies and fruit butters
- fudge and candy
- dried fruit, herbs and seasoning mixes
- under food freedom, most other homemade foods, including ones that need refrigeration
you can’t sell
- meat and jerky (food freedom allows some small-farm poultry)
- thc-infused foods
- cottage food: cheesecake, and custard, cream or pumpkin pies
- cottage food: freezer jam and fermented foods
- cottage food: products with meat or cheese
these are examples, not the full list. check the montana department of public health and human services (dphhs), through your county health department before you sell something new.
how do you start a cottage food business in montana?
- register if your sales or foods call for it: a cottage food operation registration from the montana department of public health and human services (dphhs), through your county health department. it costs $40, one time. start here.
- label everything the way the law asks (below).
- start selling in the ways montana allows, and keep track of your sales if there’s a cap.
where and how can you sell in montana?
| from your home | yes |
|---|---|
| at farmers markets and events | yescottage food: markets, fairs and bazaars; food freedom: community events like farmers markets |
| online orders | limitedyou can take orders online, but the handoff has to be in person in montana |
| delivering it yourself | yesfood freedom: you or your agent can deliver a prearranged order; cottage food: face to face, no couriers |
| shipping within the state | nocottage food bans mail and shipping; food freedom covers handoffs by you or your agent |
| shipping to other states | nomontana only |
| to stores, cafes and restaurants | nostores, cafes and restaurants need a wholesale food license |
on wareby, food is always pickup or delivery by the shop, never a courier and never shipped, which fits the rules in every state. how to sell food online from home.
what goes on a cottage food label in montana?
“Made in a home kitchen that is not subject to retail food establishment regulations or inspections.”
the statement montana requires on your label
the label also needs:
- your name, address, city, state and zip code
- the product name
- ingredients, in order by weight, with sub-ingredients
- net quantity, weight, count or volume
- allergens
- nutrition info if you make a nutrition claim
- the statement in at least 11-point type (cottage food only; food freedom sales need no label)
what’s changed in montana, and what’s coming?
| when | what |
|---|---|
| 2023 | lawmakers revised the local food choice act (senate bill 202), which now spells out delivery by you or your agent |
| 2021 | the montana local food choice act (senate bill 199) let you sell most homemade foods directly to consumers with no license, label or inspection |
what else should you know in montana?
- for food freedom sales, tell every buyer the food hasn’t been licensed, permitted, certified, packaged, labeled or inspected.
- if you only sell shelf-stable foods at farmers markets, you don’t need to register, but packaged items still need a cottage food style label.
- under cottage food, you re-register and pay the $40 again if you move or add recipes or labels.
- a privately run farmers market can still require a license or registration, and many towns require a business license.
- pet treats: pet treats aren’t on montana’s cottage food list.
questions people ask
do i need a license to sell baked goods from home in montana?
it depends on what and how much you sell. montana’s rules call for a cottage food operation registration in some cases: check with the montana department of public health and human services (dphhs), through your county health department.
can i sell cottage food online in montana?
yes, with limits: you can take orders online, but the handoff has to be in person in montana.
can i ship cottage food in montana?
not within montana: cottage food bans mail and shipping; food freedom covers handoffs by you or your agent. shipping to other states isn’t allowed either.
how much can i sell from home in montana?
there’s no yearly sales cap.
can i sell to stores or coffee shops in montana?
no. stores, cafes and restaurants need a wholesale food license.
what can’t i sell from home in montana?
the usual no’s: meat and jerky (food freedom allows some small-farm poultry), thc-infused foods, cottage food: cheesecake, and custard, cream or pumpkin pies, cottage food: freezer jam and fermented foods, cottage food: products with meat or cheese. check with the montana department of public health and human services (dphhs), through your county health department before you sell something new.
sources
- montana code annotated: local food choice act, 50-49-201 to 50-49-203
- montana code annotated: 50-50-116, cottage food operation conditions
- montana code annotated: 50-50-117, cottage food registration
- montana code annotated: 50-50-102, definitions
- dphhs: cottage food and farmers markets
- dphhs: cottage food operation guidance and registration (march 2020)
- dphhs: cottage food frequently asked questions
- dphhs: montana local food choice act guidance (october 2023)
- montana legislature: sj 11 farmers markets study, key statutes (november 2025)
- montana free press capitol tracker: sb 202 (2023)
- forrager: montana
this is general information to help you get started, not legal advice. we checked it against montana’s own pages on october 14, 2026, and laws change, so confirm with the montana department of public health and human services (dphhs), through your county health department (and your city or county) before you sell. spot something out of date? email hello@shopwareby.com.
we sold cinnamon rolls from home as minnesota cottage food producers before we opened a licensed kitchen and built wareby. our story