Maryland Can you legally sell food from home in Maryland?

Cottage Food Law

Maryland passed a very restrictive cottage food law (SB 550) in 2012, which limited sales to farmers markets and public events. Then from 2018 – 2020, three amendments significantly improved the law. In 2018, HB 1106 allowed other in-person, direct sales in the state, including mail order sales. In 2019, SB 290 allowed sales at retail stores and food co-ops. And in 2020, HB 1017 allowed producers to replace their home address with an ID number on their product labels.

Maryland’s cottage food law is still fairly restrictive; however, there was an increase in the sales limit to $50,000 per year in 2022 (HB 178). Furthermore, it permits the sale of specific non-perishable food items only. However, the health department does not require a permit, inspection, or training (unless selling at retail stores), so it is very easy to get started and use this law.

Farmers can also get an On-Farm Home Processing License to sell up to $40,000 of other types of food products, like pickles, dried fruit, and hot sauces.

Table of Contents

Selling Allowed Foods Limitations Business Labeling Resources Forum

Selling Where can you sell homemade food products?

Allowed Venues

Events Farmers markets Home Online Retail stores Roadside stands

Allowed Services

Delivery Home Pickup Mail order

The law does not specifically state that online sales are allowed, but the allowance of mail delivery suggests that the intent of the law is to support online businesses.

See a directory of farmers markets on this interactive map.

If you are a farmer, you can get an On-Farm Home Processing License to sell certain food items to other venues, like restaurants and retail stores.

Allowed Foods What food products can you sell from home?

Prohibited Foods

There are probably more prohibited foods, but the ones above have been confirmed

Dry goods (spice blends, baking mixes, tea blends, etc) must use commercially-processed ingredients.

Chocolate-covered items (pretzels, graham crackers, etc) must use commercially-manufactured chocolate.

Only hard candies are allowed. Soft candy (e.g. chocolate, caramel, fudge, etc) is not allowed.

Honey must be unflavored.

If you are a farmer, you can get an On-Farm Home Processing License to sell up to $40,000 of other types of food products, like pickles, dried fruit, and hot sauces.

Only "non-potentially hazardous" foods are allowed, but certain non-PHFs may not be allowed. Most foods that don't need to be refrigerated (foods without meat, cheese, etc.) are considered non-potentially hazardous. Learn more

Limitations How will your home food business be restricted?

Limitations

Commercial kitchen prohibited Direct sales only Interstate sales prohibited Sales limit

There may be more limitations, but the ones above have been confirmed

Sales are limited to $50,000 per year

If you are a farmer, you can get an On-Farm Home Processing License to sell up to $40,000 of certain types of food products.

Business What do you need to do to sell food from home?

Cottage Food Business Request

If you want to sell your products through retail stores, you must apply through this online form.

In addition to your food safety certificate and product labels (details below), you will need to submit all retail locations you plan to sell to. Optionally, you can request an ID number so that you don’t have to include your home address on your labels.

There is no cost to apply.

Food Safety Course

If you want to sell your products through retail stores, you must take an ANSI-accredited food safety course, such as Learn2Serve’s food handler training for $7. The 2-hour course can be completed online.

You can submit your completed course certificate through the Cottage Food Business Request form.

Product Labels

If you want to sell your products through retail stores, you must submit all of your labels to the health department.

You must submit your labels through the Cottage Food Business Request form.

Sales Tax

Here is some info about state sales tax in Maryland. You may also need to collect local sales taxes.

Labeling How do you label cottage food products?

Label Requirements

Allergens Business address Business name Ingredients Net amount Product name Statement

Sample Label

Chocolate Chip Cookies

"Made by a cottage food business that is not subject to Maryland's food safety regulations." (10-point type)

Forrager Cookie Company

123 Chewy Way, Cookietown, MD 73531

Ingredients: enriched flour (wheat flour, malted barley flour, niacin, iron, thiamin mononitrate, riboflavin, folic acid), butter (cream, salt), semi-sweet chocolate (sugar, chocolate, cocoa butter, milkfat, soy lecithin, natural flavors), brown sugar, granulated sugar, eggs, vanilla extract (vanilla bean extract, alcohol, sugar), baking soda, salt (salt, calcium silicate)

Contains: milk, eggs, wheat, soy

NET WT 2 lb 4 oz (1.02 kg)

If you don’t want to put your home address on your labels, you can request an ID number from the health department. You can then put your ID number and phone number on your labels, in place of your home address. There is no cost to get an ID number.

If you sell at retail stores, your labels for those products must also include: