Montana cottage food laws
Broad allowed-foods list under the Local Food Choice Act, but in-person sales only.
Montana's Local Food Choice Act (MLFCA, SB 199 in 2021 with 2023 updates) is one of the most permissive homemade food laws in the country. Producers can sell almost any food, including some TCS items, directly to informed end consumers within Montana, with no permit, no inspection, and no sales cap. Sales must be face-to-face and in state. There is no shipping or interstate authorization.
Montana cottage food, quick facts.
How the Montana cottage food law actually works.
Montana governs home-based food sales under the Local Food Choice Act (MLFCA), codified at Title 50, Chapter 49 of the Montana Code Annotated. SB 199, signed in 2021 and updated in 2023, replaced the older cottage food framework with a much broader law modeled on Wyoming's Food Freedom Act. Producers can sell almost any homemade food directly to an informed end consumer within Montana, with no permit, no inspection, no fee, and no annual sales cap.
The Act is generous about allowed foods. Beyond standard baked goods, candies, jams, and dried items, MLFCA allows some perishable and TCS foods, raw milk and raw-milk products from a small herd, and home-raised poultry under defined slaughter and processing limits (the producer cannot exceed 1,000 birds per year). Commercial meat that the producer did not raise themselves is excluded.
The big restriction is the sales channel. MLFCA explicitly limits transactions to in-person, in-state sales between the producer (or a designated agent) and the informed end consumer. There is no authorization for mail-order or carrier shipping, and out-of-state shipping is prohibited under MLFCA. Producers can sell at farmers markets, fairs, festivals, the producer's home or ranch, and at traditional community events such as weddings, funerals, church socials, neighborhood gatherings, and outdoor sporting events.
Sales to grocery stores, restaurants, or other retailers for resale are not authorized under MLFCA. Cities and counties cannot impose extra cottage food rules; the Act preempts local food regulations for products covered by it.
Allowed and prohibited foods.
- Cookies, brownies, biscotti, bars
- Cakes, cupcakes, cheesecakes, cream pies, custard pies
- Breads, rolls, pastries, scones, muffins
- Candies, fudge, caramels, chocolates, brittles
- Jams, jellies, fruit preserves, fruit butters
- Acidified canned goods (pickles, salsas) when recipe rules are met
- Granola, cereal, popcorn, snack mixes
- Dehydrated fruits, vegetables, herbs, jerky
- Eggs (with safe-handling instructions)
- Raw milk and raw-milk products from a small herd (with disclosure)
- Home-raised poultry under MLFCA slaughter/processing rules (capped at 1,000 birds per year)
- Frostings of any kind, including cream cheese
- Commercial meat from livestock that the producer did not raise themselves
- Federally regulated meat or poultry products beyond the 1,000-bird limit
- Foods sold through retail establishments or restaurants for resale
- Mail-order, carrier-shipped, or out-of-state sales
MLFCA flips the cottage food model: instead of an allowed-foods list, the law starts from the premise that almost any homemade food is allowed when sold directly to an informed end consumer in person within Montana, with specific exceptions for commercial meat and a few other items.
Sales channels for Montana cottage bakers.
- A designated agent of the producer may make the sale on the producer's behalf, but only at venues authorized by MLFCA.
- MLFCA preempts local cottage food rules; cities and counties cannot impose additional permits.
- Buyers must be informed that the food is homemade and not inspected.
Label every product, exactly like this.
This product was made in a home kitchen and was not produced under government inspection. The consumer assumes the risk of consumption.
- Labels must be in English. Other languages are welcome in addition.
- Raw-milk and home-raised poultry products have additional disclosure requirements set by the Department of Public Health and Human Services and Department of Livestock.
- If you sell unpackaged items at an event, the disclaimer must be displayed at the point of sale.
How much can you earn under Montana cottage law?
Montana does not impose any annual sales cap on MLFCA producers. The Act removes that kind of limit so producers can grow without triggering a license, as long as sales stay direct, in person, and in state.
Food safety training in Montana
Montana does not require state food safety training for MLFCA producers. MSU Extension's Local Food Choice Act page and DPHHS guidance documents are useful even though they are not mandatory. Some farmers markets may ask for a food handler card on their own.
Registration, permits, and inspections in Montana
There is no state registration step under MLFCA. You do not file paperwork with DPHHS, do not pay a fee, and do not receive a permit number. Local rules around business registration, zoning, and sales tax still apply, and dairy or poultry producers should follow specific MLFCA disclosure rules.
How to start a cottage bakery in Montana.
- 01Read the Local Food Choice ActStart with the statute and DPHHS guidance document. Understand who counts as an informed end consumer, what counts as a homemade food, what venues are authorized, and the special rules for raw milk and home-raised poultry.DPHHS: MLFCA Guidance →
- 02Decide your product listMLFCA lets you sell perishable items like cheesecakes and cream pies. Decide what you want to make, how you will keep it safe, and whether you want to take on raw-milk or poultry rules.
- 03Build your label templateInclude producer name, contact info, common product name, ingredients, allergens, and the required home-kitchen disclaimer with the consumer-assumes-risk language. For perishable items, add safe-handling and refrigeration instructions.
- 04Plan in-person sales channelsMLFCA sales must complete in person. Plan farmers markets, home or ranch pickup, event tables, and traditional community gatherings. Order-taking online is fine; the handoff has to be face to face.
- 05Set up your storefront on CakeryCakery gives you a free bakery page at cakerybakeries.com/your-bakery. Add your menu, prices, lead times, and pickup or delivery zones so Montana customers can request quotes and reserve in-person handoffs.Create a free Cakery page →
- 06Handle business and tax basicsRegister a business name with the Secretary of State if you operate under a name that is not your own. Register with the Montana Department of Revenue for sales tax obligations as needed, and check zoning and HOA rules.
A few things Montana bakers should know.
- MLFCA explicitly prohibits shipping. Sales must be in person, in state, and direct from producer to informed end consumer.
- MLFCA allows raw milk and raw-milk products from a small herd, eggs, and home-raised poultry (capped at 1,000 birds per year), with disclosure rules.
- Local jurisdictions are preempted from adding extra cottage food permits.
- Wholesale sales to retailers and restaurants for resale are not authorized.
- MLFCA replaced the prior Montana cottage food framework. Older guides that reference county-by-county cottage food permits are out of date.
Bookmark these for Montana baking.
Official agency resources
Statute and rules text
Helpful resources for bakers
Recent and upcoming changes in Montana.
- October 1, 2023Updates to MLFCA refined definitions for designated agents, traditional community events, and product types covered. The 2021 SB 199 framework remains the law's foundation.
Montana cottage food FAQ.
Do Montana cottage bakers need a permit or license?
Is there a sales cap on Montana homemade food?
Can I ship Montana cottage food?
Can I sell cheesecakes or cream pies?
Can I sell raw milk or eggs?
Can I sell to a coffee shop or grocery store?
What disclaimer must appear on the label?
You bake. We handle the tech.
Get your own bakery link, take custom orders without the DM chaos, and get found by customers in Montana searching for local bakers.
cakerybakeries.com/your-bakery