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. In 2018, an amendment (HB 1106) passed to allow other in-person, direct sales in the state, including mail order sales. In 2019, an amendment (SB 290) passed to allow sales at retail stores and food co-ops.
Maryland’s cottage food law is still fairly restrictive, especially since it limits producers to $25,000 of sales per year, and only allows specific types of non-perishable foods. 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.
Selling
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.
Starting a cottage food business?
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Top 10 Mistakes To Avoid When Starting A Cottage Food Business
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Allowed Foods
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.
Limitations
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
If you sell your products through retail stores, you must take an ANSI-accredited food safety course, which usually costs about $15 and can be completed online in a few hours. You can submit your food safety certificate through this online form.
If you sell your products through retail stores, you must submit all of your labels to the health department. You can submit your labels through this online form.
Here is some info about state sales tax in Maryland. You may also need to collect local sales taxes.
Labeling
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)
For sales at retail stores, you must also include:
- Your business’ phone number
- Your business’ email address
- The date the product was made
If you make nutrition claims (e.g. low-fat) on your labels, they must include nutrition information and adhere to the federal labeling requirements.
For more information, you can read this labeling guidance page.
Resources
- Department
- Maryland Department of Health and Mental Hygiene
- dhmh.envhealth@maryland.gov
- Telephone
- (410) 767-8400
- Fax
- (410) 333-8931
- Address
- 6 St. Paul Street, Suite 1301
Baltimore, MD 21202
Comments
Jeaneene Weishaar
David – FYI: In your section on labeling for Maryland, the information box for ingredients states, “You may list subingredients (also ordered by weight) in parentheses after an ingredient.” When I spoke to my Health Department, they said that we MUST label subingredients!
allyssa
something to note that i was reading with regards to the cottage law on the website https://phpa.health.maryland.gov/OEHFP/OFPCHS/Pages/CottageFoods.aspx it clearly states that online sales arent allowed but yet is says the internet sales are only allowed in Maryland , this is a very confusing part of the law which isnt stated clearly
Tnesha Jones
My 11 year old son and I want to sell spice blends and possibly cookies to neighbors and at the local farmers market. Would this fall under the cottage law and do I need to obtain any permits?
Ssheila
My sister and I would like to sell brownies and pies. Would it be best to do an online business and some public events to see how the products sell.
David Crabill
I’d recommend doing local sales first, perhaps to neighbors. If you get good feedback, try an event or two, and consider selling online.
Jeff B
Hi,
I’m from MD and thinking about selling fried snacks. The snacks would consist of potato chips, fried lentil/rice fritters and deep fried items and stored in air-tight packaging. I couldn’t find any regulations regarding them, the list mentioned non-hazardous baked goods, but not regarding fried goods. Please let me know if the items fall under Cottage Food Law to be sold without any license/commercial kitchen requirement.
David Crabill
Those do not fall under the cottage food law, but I’d recommend that you call the health dept and ask about how to sell those. It may be simpler to get licensed for a mobile food cart, and to prepare your fried snacks in that.