Maryland Cottage Food Law 2026: $100,000 Cap, Labels, Sales

Maryland lets cottage food businesses sell nonhazardous foods made in a residential kitchen without a Maryland Department of Health, or MDH, license. Starting Oct. 1, 2026, the annual revenue cap is $100,000, up from $50,000. Sales may be made directly to consumers in Maryland, including by personal delivery and mail delivery, and to retail food stores after an MDH review. Sales outside Maryland are not allowed. This guide covers what you can sell, how you can sell, labeling and when you need a license instead.

Disclaimer: This page is general information, not legal advice. Laws change, and local zoning, HOA and tax rules vary. Confirm current requirements with the Maryland Department of Health Office of Food Protection, or with an attorney, before you start selling.

Quick facts

A cottage food business that follows the law does not need an MDH license. Md. Code, Health-Gen. 21-330.1(b)
Annual revenue from cottage food sales may not exceed $100,000, effective Oct. 1, 2026. The cap was $50,000 before then. Chapter 320 of 2026 (HB 535)
MDH's Cottage Food Guidelines (updated November 2025) still list $50,000. The law sets $100,000, so ask MDH to confirm before relying on the guidelines. MDH Cottage Food Guidelines
Products may be sold in Maryland directly to consumers from a residence, at a farmers market, at a public event, by personal delivery or by mail delivery, or to a retail food store or food cooperative. Chapter 320 of 2026 (HB 535)
The law covers sales in Maryland, and MDH's guidelines say sales outside Maryland are not allowed. MDH Cottage Food Guidelines
Selling to a retail food store requires MDH approval of a food safety course certificate and the label first. Md. Code, Health-Gen. 21-330.1(g); MDH Cottage Food Guidelines
Labels must carry a required statement in 10-point or larger type. Md. Code, Health-Gen. 21-330.1(c)

What the law calls it

Maryland uses "cottage food business" and "cottage food product," meaning a nonhazardous food specified in MDH regulations. Chapter 320 of 2026 (HB 535)

Foods you can sell

Non-potentially hazardous foods such as nonperishable baked goods, high-acid jams and jellies, granola and packaged commercially prepared spice blends. MDH's guidelines include a full list. MDH Cottage Food Guidelines
Some frostings, moist quick breads such as banana or zucchini bread and baked goods with alcohol added after baking may be allowed with lab testing. MDH Cottage Food Guidelines

Foods you cannot sell

Baked goods that need refrigeration, such as cheesecake, cream and custard pies and meringue, pecan or pumpkin pies; low-acid canned foods; acidified and pickled foods such as pickles, salsa, pepper jelly, barbecue sauce and mustard; garlic or vegetables in oil; raw sprouts; fish, meat and poultry; dairy products; and beverages. MDH Cottage Food Guidelines

Sales limit

$100,000 in annual revenue, effective Oct. 1, 2026. Chapter 320 of 2026 (HB 535)
MDH's Cottage Food Guidelines (updated November 2025) still list $50,000. The law sets $100,000, so ask MDH to confirm before relying on the guidelines. MDH Cottage Food Guidelines

Where and how you can sell

Direct to consumers from a residence, at farmers markets and public events, and by personal delivery. Chapter 320 of 2026 (HB 535)
Mail: the law allows mail delivery to consumers, but only within Maryland. Chapter 320 of 2026 (HB 535); MDH Cottage Food Guidelines
Online: the law does not mention online sales. Products ordered online must still be delivered in one of the ways the law allows, within Maryland. Chapter 320 of 2026 (HB 535)
Out of state: interstate sales or sales outside Maryland are prohibited. MDH Cottage Food Guidelines
Retail stores: sales to a retail food store, including a grocery store, or a food cooperative are allowed after MDH notifies you in writing that you meet the requirements. Chapter 320 of 2026 (HB 535); MDH Cottage Food Guidelines

Labeling rules

Products must be prepackaged with a label showing the business name and address, or the name, phone number and MDH identification number; the product name; ingredients by weight; net weight or volume; allergen information; and nutrition information if a claim is made. Md. Code, Health-Gen. 21-330.1(c)
The label must say "Made by a cottage food business that is not subject to Maryland's food safety regulations." in 10-point or larger type in a contrasting color. Md. Code, Health-Gen. 21-330.1(c)
Products sold at a retail food store also need the business phone number, email address and the date the product was made. Md. Code, Health-Gen. 21-330.1(c)

Store sales and kitchen rules

Products must be stored on the premises of the business. Md. Code, Health-Gen. 21-330.1(c)
Before selling to a retail food store, submit proof of a department-approved food safety course and the label. MDH says there is no fee for this review. Md. Code, Health-Gen. 21-330.1(g); MDH Cottage Food Guidelines
The law does not exempt cottage food businesses from tax laws. Md. Code, Health-Gen. 21-330.1(a)

Zoning, HOAs and local rules

Cottage food businesses must follow county and municipal laws on preparation, processing, storage and sale. Md. Code, Health-Gen. 21-330.1(e)
Check your HOA documents, since MDH does not review private covenants.

Inspections

MDH may investigate complaints and inspect the premises after a complaint, including sampling products. Md. Code, Health-Gen. 21-330.1(f)

When you need a license instead

Foods that are not nonhazardous, revenue over the cap and sales outside Maryland require a licensed food establishment. MDH Cottage Food Guidelines

Timeline

April 28, 2026: Gov. Wes Moore approved HB 535. Chapter 320 of 2026 (HB 535)
Oct. 1, 2026: the revenue cap rose from $50,000 to $100,000. Chapter 320 of 2026 (HB 535)
Oct. 13, 2026: this page was last reviewed against Maryland law.

Frequently asked questions

Do I need a license to sell cottage food in Maryland?

No MDH license is needed if you follow the cottage food law. Source: Md. Code, Health-Gen. 21-330.1(b).

What is the Maryland cottage food sales cap?

$100,000 in annual revenue, effective Oct. 1, 2026. Source: Chapter 320 of 2026 (HB 535).

Can I sell cottage food online in Maryland?

The law does not mention online sales, but orders may be delivered in person or by mail within Maryland. Source: Chapter 320 of 2026 (HB 535).

Can I mail cottage food in Maryland?

Yes, to consumers in Maryland. Source: Chapter 320 of 2026 (HB 535).

Can I ship cottage food to other states?

No. MDH's guidelines say sales outside Maryland are not allowed. Source: MDH Cottage Food Guidelines.

Can I sell to a grocery store?

Yes, after MDH reviews your food safety course and label and notifies you in writing. Source: Md. Code, Health-Gen. 21-330.1(g).

Can I sell cheesecake or pumpkin pie?

No. Baked goods that need refrigeration are not allowed. Source: MDH Cottage Food Guidelines.

What must my Maryland label say?

Your business name and address or ID number, product name, ingredients, net weight, allergens and the required statement. Source: Md. Code, Health-Gen. 21-330.1(c).

Will MDH inspect my kitchen?

Only to investigate a complaint. Source: Md. Code, Health-Gen. 21-330.1(f).

Official sources

This page is general information, not legal advice. Laws change, and local zoning, HOA and tax rules vary. Confirm current requirements with the Maryland Department of Health Office of Food Protection, or with an attorney, before you start selling.

Maryland Cottage Food Laws