Maryland
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.
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, 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.
In 2019, an amendment (SB 0290) passed which will go into effect on October 1st, 2019. With this law, producers can sell at retail stores, though they will need to adhere to some other requirements before doing so.
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.
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
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)
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
- [email protected]
- Telephone
- (410) 767-8400
- Fax
- (410) 333-8931
- Address
- 6 St. Paul Street, Suite 1301
Baltimore, MD 21202
Comments
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.
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.