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, 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 Where can you sell homemade food products?
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?
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 How will your home food business be restricted?
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?
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.
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.
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.
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?
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:
- Phone number
- Email address
- The date the product was made
For more information, you can read this cottage food labeling & packaging guidance.
Resources Where can you find more information about this law?
- 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
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Comments
Shaylin Daoudi
Hello there, I’m in the beginning stages of launching my business but I wanted to focus on cake pops as the main product, at least for now. Im a little confused if cake pops are allowed for sale in MD. On this site other states cottage food laws specifically say they are ok. Is there any reason as to why its not listed specifically or would it just fall under the category of regular cakes?
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.