Montana Cottage Food Law 2026: Registration, Food Choice Act

Montana has two paths for home food sellers. A cottage food operation registers with its county health authority, labels its shelf-stable products and sells face to face to consumers in Montana, with no shipping or internet sales. The Montana Local Food Choice Act, passed in 2021, separately exempts homemade food sold directly to an informed end consumer in Montana from licensing, labeling and inspection. Neither law sets a sales cap. This guide covers what you can sell, how you can sell, labeling and when you need a license.

Disclaimer: This page is general information, not legal advice. Laws change, and local zoning, HOA and tax rules vary. Confirm current requirements with your county health department or the Montana Department of Public Health and Human Services, or with an attorney, before you start selling.

Quick facts

Cottage food operations must register with the local health authority in their county and pay a one-time $40 fee. A new fee is due if the operation moves or adds new products, including recipe changes that add an allergen or could make the food potentially hazardous. MCA 50-50-117; ARM 37.110.511(7); DPHHS Cottage Food FAQ
Once registered, products may be sold anywhere in Montana. ARM 37.110.511(7)
Cottage food products must be sold face to face. Consignment, shipping and internet sales are not direct sales. MCA 50-50-102
Cottage food labels need an 11-point home kitchen statement. MCA 50-50-116
Under the Local Food Choice Act, no state or local agency may require licensing, labeling or inspection for homemade food sold directly to an informed end consumer. MCA 50-49-203
Local Food Choice Act sales must occur only in Montana and may not involve interstate commerce. MCA 50-49-203
No sales cap appears in either law. MCA 50-50-102; MCA 50-49-203

What the law calls it

"Cottage food operation" and "cottage food products" under the retail food law, and "homemade" food sold by a "producer" to an "informed end consumer" under the Local Food Choice Act. MCA 50-50-102; MCA 50-49-202

Foods you can sell

Cottage food: foods that are not potentially hazardous, including jams, jellies, dried fruit, dry mixes and baked goods, plus similar foods the state defines by rule. MCA 50-50-102
Local Food Choice Act: homemade food or food products prepared in a private home, including milk from a small dairy that meets testing rules. MCA 50-49-202; MCA 50-49-203

Foods you cannot sell

Cottage food: potentially hazardous foods. MCA 50-50-102
Local Food Choice Act: homemade food may not use meat processed at a licensed or approved establishment, except under the poultry exemption for producers slaughtering fewer than 1,000 birds a year. MCA 50-49-203

Sales limit

No sales cap appears in either law. MCA 50-50-102; MCA 50-49-203

Where and how you can sell

Cottage food: face-to-face direct sales to consumers in Montana only. Consignment, shipping and internet sales are not allowed. MCA 50-50-102
Local Food Choice Act: transactions must be directly between the producer and the informed end consumer, for home consumption or a traditional community social event such as a farmers market, and only in Montana. Delivery by the producer or an agent is allowed at a farm, home, office or agreed location. MCA 50-49-202; MCA 50-49-203
Wholesale: cottage food consignment, including at a retail food establishment or wholesale establishment, is prohibited. Local Food Choice Act food may not be sold or used in a retail food establishment. MCA 50-50-116; MCA 50-49-203

Labeling rules

Cottage food labels must show the operation's name, address, city, state and ZIP; the product name; ingredients by weight; net quantity; allergens; nutrition labeling if a claim is made; and "Made in a home kitchen that is not subject to retail food establishment regulations or inspections." in at least 11-point type on the principal label. MCA 50-50-116
Local Food Choice Act producers must tell the end consumer the food has not been licensed, permitted, certified, packaged, labeled or inspected. MCA 50-49-203

Registration and kitchen rules

Registration requires the business name, the residence address, ingredient sources, a product list and a copy of each label. MCA 50-50-117
Cottage foods must be made in the registered area of the primary domestic residence and stored there or temporarily in a vehicle used to transport them. The residence may be rented, leased or owned. MCA 50-50-116; MCA 50-50-102
Cottage food products may be subject to other state or federal laws. MCA 50-50-116

Zoning, HOAs and local rules

Cottage food operations register locally and are subject to local health authority enforcement. MCA 50-50-116; MCA 50-50-117
Check local zoning and HOA documents, since neither law addresses them.

Inspections

A cottage food operation that meets the conditions is not a retail or wholesale food establishment and is not subject to licensure or inspection requirements under those laws. MCA 50-50-116
Local Food Choice Act producers may request inspection, but none may be required. MCA 50-49-203

When you need a license instead

Potentially hazardous foods outside the Local Food Choice Act, shipping, internet sales and wholesale require a licensed retail or wholesale food establishment. MCA 50-50-102; MCA 50-49-203

Timeline

2015: Montana created cottage food registration (Ch. 239, L. 2015). MCA 50-50-117
2021: the Montana Local Food Choice Act was enacted (Ch. 320, L. 2021). MCA 50-49-202
2023 and 2025: the Legislature amended the Local Food Choice Act (Ch. 347, L. 2023; Ch. 344, L. 2025). MCA 50-49-203
Oct. 13, 2026: this page was last reviewed against the Montana Code Annotated.

Frequently asked questions

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

Cottage food operations register with the county instead of getting a license. Local Food Choice Act sales need no license. Sources: MCA 50-50-117; MCA 50-49-203.

Is there a sales cap in Montana?

No cap appears in either law. Sources: MCA 50-50-102; MCA 50-49-203.

Can I sell cottage food online in Montana?

Not as a registered cottage food operation. Internet sales are excluded from direct sales. Source: MCA 50-50-102.

Can I ship cottage food from Montana?

No. Cottage food shipping is excluded, and Local Food Choice Act sales may not involve interstate commerce. Sources: MCA 50-50-102; MCA 50-49-203.

Can I sell to restaurants or stores?

No. Consignment and retail food establishment sales are not allowed. Sources: MCA 50-50-116; MCA 50-49-203.

What must a Montana cottage food label say?

Your name and address, product, ingredients, net quantity, allergens and the 11-point home kitchen statement. Source: MCA 50-50-116.

Can I deliver homemade food under the Local Food Choice Act?

Yes, within Montana, by you or your agent at an agreed location. Source: MCA 50-49-202.

Is my kitchen inspected?

Cottage food operations have no routine inspection if they meet the conditions. Source: MCA 50-50-116.

Official sources

This page is general information, not legal advice. Laws change, and local zoning, HOA and tax rules vary. Confirm current requirements with your county health department or the Montana Department of Public Health and Human Services, or with an attorney, before you start selling.

Montana Cottage Food Laws