Montana Cottage Food Law 2026: Navigating the Two Paths to Selling Homemade Food

Yes, You Can Sell Homemade Food in Montana — and Montana Makes It Unusually Easy

Here's the headline: Montana doesn't just have one cottage food law. It has two, and they work very differently.

The first is the Montana Local Food Choice Act (LFCA), a food-freedom law passed in 2021 that lets you sell homemade food with essentially no permits, no fees, no labels, and no inspections. The second is the traditional Cottage Food Law, a more conventional framework that requires a one-time $40 registration with your local health department and a specific label disclaimer on every package.

If you only remember three things, make them these:

1. You have a choice between two legal paths, and the one you pick determines what you can sell, how you label it, and whether you register at all.
2. Neither path caps your annual revenue. You can sell $500 or $50,000 worth of cookies — Montana doesn't set a limit.
3. The LFCA is remarkably permissive compared to most states, but it requires you to tell your customers the food isn't inspected. The Cottage Food path requires more paperwork but gives you clearer guardrails.

Let's walk through both paths so you can decide which one fits your baking business best.

Montana's Two Paths: Local Food Choice Act vs. Cottage Food Law

These are two separate statutes with two separate sets of rules. They are mutually exclusive — under the LFCA, you are explicitly not a cottage food operation. Here's how they compare:

The Montana Local Food Choice Act (LFCA)

The LFCA (MCA Title 50, Ch. 49, Part 2, enacted via 2021 SB 199) was designed to maximize your freedom. Under this law:

• No permit, no registration, no fee. You don't register with anyone.
• No inspection — state and local agencies are explicitly prohibited from requiring licensure, permitting, certification, packaging, labeling, testing, sampling, or inspection for your homemade food (§50-49-203(1)(a)).
• No food safety training required.
• No specific label text required. Instead, you must inform the end consumer that your product has not been licensed, permitted, certified, packaged, labeled, or inspected per any official regulations (§50-49-203(3)).
• Broader product range — the LFCA doesn't restrict you to shelf-stable items the way the Cottage Food Law does. It can include temperature-controlled foods, fermented items, and more.

The LFCA has been amended several times: in 2023 (Ch. 347) and 2025 (Ch. 344), expanding its scope further.

Montana's Traditional Cottage Food Law

The Cottage Food Law (2015 HB 478, MCA §50-50-116/117, ARM 37.110.501-514) is the more conventional framework. Under this path:

• One-time $40 registration with your local health department (§50-50-117). This fee is waived if you only sell at farmers markets (ARM 37.110.511(7); DPHHS FAQ).
• Specific label requirements, including a verbatim disclaimer that must be printed in at least 11-point font.
• Restricted to non-potentially hazardous foods — shelf-stable baked goods, jams, candies, and similar items.
• Complaint-based inspection only — you won't have routine inspections, but the local health authority can inspect if a consumer complaint is filed (ARM 37.110.513).

Which Path Should You Pick?

Here's the honest summary: the LFCA is simpler and broader, but it puts the responsibility on you to make sure your customers understand what they're buying. The Cottage Food path gives you more structure — a registration certificate, clear labeling rules, and a defined product list — but it restricts what you can sell to shelf-stable items.

If you're selling straightforward baked goods like cookies and bread and you're happy to register once for $40, the Cottage Food path works great. If you want to sell refrigerated cheesecakes, fermented foods, or other items that fall outside the shelf-stable list, the LFCA is your path.

What You Can Sell Under Montana Law

The product lists are very different between the two paths. Here's the breakdown:

Allowed Foods Under the Cottage Food Law

The traditional Cottage Food Law (ARM 37.110.503) restricts you to non-potentially hazardous foods — items that don't require temperature control for safety. The approved list includes:

For more detail on each approved food category, including the specific drying temperature requirements for dried fruit and the 21 CFR Part 150 requirements for jams and jellies, see ARM 37.110.503.

What the LFCA Allows That Cottage Food Doesn't

The LFCA is significantly broader. Because it exempts "homemade food" from regulatory oversight rather than listing approved products, you can sell items the Cottage Food Law prohibits:

• Refrigerated items like cheesecakes, cream pies, and items requiring temperature control
• Fermented foods like sauerkraut and kombucha
• Raw milk from small dairies (up to 5 lactating cows, 10 goats, or 10 sheep, with testing requirements per §50-49-203(8))
• Poultry from producers slaughtering fewer than 1,000 birds annually (§50-49-203(7)(b))
• Freeze-dried foods (explicitly allowed under HB 505, effective July 1, 2025)

One major restriction applies to both paths: cell-cultured meat is prohibited statewide under HB 401 (effective March 22, 2025).

No Sales Cap on Either Path

Here's the good news: neither the LFCA nor the Cottage Food Law imposes an annual revenue cap. You don't need to worry about hitting a ceiling and losing your cottage food status.

This is a notable advantage compared to many states, where cottage food operators face caps ranging from $25,000 to $75,000. In Montana, you can grow as big as your kitchen and your customer base allow.

Sales Channels: Where and How You Can Sell

The two paths have different rules about where you can sell, so pay close attention here.

LFCA Sales Channels

Under the LFCA (§50-49-203(2)), your sales must be:

• Direct from you to an informed end consumer — no middlemen, no resellers
• Within Montana only — no interstate commerce
• For home consumption or at traditional community social events, which include farmers markets, weddings, funerals, church gatherings, school events, potlucks, neighborhood gatherings, club meetings, and youth or adult outdoor club or sporting events (§50-49-202(7))

You'll need to make sure every buyer knows your product isn't licensed, permitted, certified, packaged, labeled, or inspected — that's the "informed" part of "informed end consumer."

Cottage Food Sales Channels

The Cottage Food Law (§50-50-116) requires direct, face-to-face sales only. That means:

• Farmers markets
• Your home (porch pickup, direct sales)
• Roadside stands
• Bazaars, craft fairs, and small venues

What you cannot do under the Cottage Food path:

• Sell on consignment
• Ship products
• Sell online (but you can advertise and coordinate orders online — the DPHHS FAQ confirms this)
• Sell to restaurants, grocery stores, or wholesale buyers

The "face-to-face" requirement means the transaction itself must happen in person. You can use your website, social media, or email to advertise your products, take pre-orders, and schedule pickups — but the actual handoff has to be in person.

Permit, Registration, and Training Requirements

LFCA: Nothing Required

Under the LFCA, there's literally nothing to file. No permit application, no registration form, no fee, no food safety course. You just sell and inform your buyers that the product isn't regulated.

Cottage Food: One-Time $40 Registration

If you choose the Cottage Food path, you'll register with your local environmental health agency in the county where your home kitchen is located (§50-50-117(1)). Here's what's involved:

• Fee: $40, one-time (not annual). Waived entirely if you only sell at farmers markets (ARM 37.110.511(7); DPHHS FAQ).
• What you'll submit: Your operation name, physical address, a description of ingredient sources, a complete list of cottage food products, and a copy of each product label (§50-50-117(2)).
• Recipe review: You'll need to submit a recipe for each product with ingredient weights. Each recipe variation (like "Chocolate Chip Cookies" vs. "Chocolate Chip Cookies with Walnuts") needs a separate submission.
• Water testing: If you're on a private well, you'll need to show total coliform and nitrate test results meeting minimum drinking water standards (ARM 37.110.511(6)).
• Re-registration triggers: You must register again (and pay the $40 again) if you move to a new home, add new products or recipes, or change a recipe in a way that could make it potentially hazardous or add a major allergen (ARM 37.110.511(7)).

No Kitchen Inspections (Either Path)

Neither path requires a routine kitchen inspection. Under the LFCA, inspections are explicitly prohibited. Under the Cottage Food path, inspections are complaint-based only (ARM 37.110.513) — meaning the health department will only visit if someone files a complaint or if there's an illness investigation.

No Food Handler Training Required

Neither the LFCA nor the Cottage Food Law requires you to complete a food handler course. That said, good food safety practices are always smart — you just won't need a certificate to start selling.

Labeling Requirements

This is where the two paths diverge most sharply.

LFCA: Informal Disclosure Only

Under the LFCA, there's no specific label required by statute. §50-49-203(3) says you must "inform an end consumer" that your product has not been licensed, permitted, certified, packaged, labeled, or inspected per any official regulations. That's it.

This disclosure can be oral — a verbal statement at a farmers market, a sign at your table, a note on your packaging. There's no mandated wording, no font size, no specific placement.

Cottage Food: Seven Required Elements Plus Verbatim Disclaimer

Under the Cottage Food Law (§50-50-116(2)(b)), every product label must include:

1. Name, address, city, state, and zip code of your cottage food operation
2. Name of the cottage food product
3. Ingredients in descending order of predominance by weight
4. Net quantity, weight, count, or volume
5. Allergen labeling per federal and state requirements
6. Nutritional claim label if you make any nutritional claims, per federal law
7. The required disclaimer (see below)

And the disclaimer itself is fixed, verbatim statute text:

"Made in a home kitchen that is not subject to retail food establishment regulations or inspections."

This must be printed in at least the equivalent of 11-point font, in a color that provides clear contrast to the background, and conspicuously placed on the principal label (§50-50-116(2)(b)(vii)).

Here's what a compliant label looks like, based on the state's own example:

MADE IN A HOME KITCHEN THAT IS NOT SUBJECT TO RETAIL FOOD ESTABLISHMENT REGULATIONS OR INSPECTIONS Chocolate Chip Cookies Net Wt. 8oz (227g) Ingredients: Enriched flour (Wheat flour, niacin, reduced iron, thiamine mononitrate, riboflavin and folic acid), butter (milk, salt), chocolate chips (sugar, chocolate liquor, cocoa butter, butterfat (milk), soy lecithin as an emulsifier), walnuts, sugar, eggs, salt, artificial vanilla extract, baking soda. Contains: Wheat, eggs, milk, soy, walnuts. Ashley Bryant 2550 Helena Lane Helena, MT 59620

This wording is required by Montana Code Annotated §50-50-116(2)(b)(vii). Do not paraphrase or shrink it.

Required vs. Recommended Label Elements

Here's the full picture of what's legally required versus what's smart practice:

Now That You Know the Rules — Here's How to Start Selling

Montana's flexible laws create a genuine opportunity for home bakers. Here's your startup sequence:

1. Choose Your Path. Decide whether the LFCA or the traditional Cottage Food Law best fits your products and goals. The LFCA offers more freedom (and a broader product range) but puts the disclosure burden on you. The Cottage Food path has clearer rules but limits you to shelf-stable items.

2. Register (if Cottage Food). If you're going the Cottage Food route, complete the one-time $40 registration with your local health department. Remember, this fee is waived if you only sell at farmers markets. If you're going the LFCA route, there's nothing to file — you're good to go.

3. Prepare Your Labels. - LFCA: Make sure you have a way to inform every customer that your products aren't licensed or inspected (§50-49-203(3)). - Cottage Food: Design compliant labels with all seven required elements, including the verbatim disclaimer in 11-point or larger font. Our cottage food labeling requirements guide walks you through each element in detail.

4. Price Your Products. With no sales cap holding you back, pricing strategy matters more than compliance limits. Check out our guide on how to price baked goods for your home bakery.

5. Set Up Your Sales. Start taking orders and selling. MyPorch makes it easy to manage your online presence, take pre-orders, and connect with customers — all while keeping your sales face-to-face as Montana requires.

Frequently Asked Questions

Recent Law Changes (Changelog)

Montana's cottage food landscape has been active in recent years. Here's what's changed — and what to watch:

2025 — HB 401 (Cell-Cultured Meat Prohibition), effective March 22, 2025. This bill prohibits the sale or distribution of cell-cultured meats statewide, affecting all food operations including cottage food and LFCA producers. If you were considering lab-grown proteins as part of your product line, that's off the table in Montana.

2025 — HB 505 (Freeze-Dried Foods), effective July 1, 2025. This bill explicitly allows the sale of freeze-dried foods produced in homestead food operations under the LFCA. Good news if you've been eyeing a dehydrator as your next kitchen investment.

2025 — SB 161 (Raw Milk and Poultry Exemptions), effective April 19, 2025. This bill amends the LFCA to specifically include raw milk from small dairies (up to 5 lactating cows, 10 goats, or 10 sheep, with required testing) and poultry from producers slaughtering fewer than 1,000 birds annually under the federal exemption. It also exempts LFCA and Cottage Food products from certain weight and measure regulations.

2023 — LFCA Amendment (Ch. 347). Updated provisions of the Montana Local Food Choice Act, refining scope and transaction requirements.

2021 — Montana Local Food Choice Act Enacted (SB 199, Ch. 320). The LFCA was born, creating Montana's food-freedom pathway alongside the existing Cottage Food Law.

Ongoing — Legal Challenge to LFCA. A legal challenge filed in December 2023 argues that the LFCA lacks sufficient consumer protection and allows high-risk foods without adequate regulation. The outcome could affect the scope of LFCA sales — you should monitor this case.

Ongoing — 2025 Legislative Activity. LC 1013 aims to "generally revise laws related to the Cottage Food Act," and SJ 11 is an interim study on farmers markets and food systems. Both could result in future changes to either pathway. We'll update this guide as developments unfold.