Maryland Cottage Food Laws: Comprehensive Guide for 2024
Maryland’s cottage food laws enable small-scale food entrepreneurs to legally produce and sell non-potentially hazardous foods from their home kitchens. These laws provide a low-barrier opportunity for Maryland residents to start food businesses without needing a commercial kitchen, though they come with specific regulations regarding what you can sell, where you can sell, and how to label your products.
Annual Sales Limits
- Without a Cottage Food License: In Maryland, cottage food producers can sell up to $50,000 annually. This limit applies to gross sales, allowing for a considerable opportunity to scale your home-based food business without the need for a commercial kitchen or food processing facility.
- Beyond $50,000: If you wish to exceed this amount, you'll need to explore options for commercial licensing through the Maryland Department of Health.
Allowed Foods (Non-Potentially Hazardous Foods)
Maryland’s cottage food laws permit the sale of various non-potentially hazardous foods, which are products that do not require temperature control for safety. This includes:
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Baked Goods
- Bread, muffins, bagels, and rolls.
- Cookies, brownies, bars, and cakes without perishable fillings or frostings (e.g., cream cheese or custard).
- Fruit pies (e.g., apple, blueberry) and tarts, provided they are shelf-stable.
- Quick breads such as zucchini or banana bread.
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Jams, Jellies, and Preserves
- Made from high-acid fruits like strawberries, raspberries, blueberries, apples, and citrus.
- Recipes must follow standard practices to avoid botulism risk (approved by the National Center for Home Food Preservation).
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Candies and Confections
- Hard candies, toffees, fudge, and caramel.
- Chocolate-covered nuts, dried fruits, and pretzels (if shelf-stable).
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Granola, Snack Mixes, and Dry Goods
- Homemade granola bars (without perishable toppings), trail mix, and popcorn.
- Dry baking mixes (pancake, cake, or cookie mixes).
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Vinegars and Flavored Oils
- Herb-infused vinegars are allowed as long as they meet acidity standards.
- Flavored oils may require approval or testing depending on the ingredients.
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Fruit Leathers
- Homemade fruit leathers are permitted if they have low moisture content and are shelf-stable.
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Teas and Coffee
- Blended teas (using dried herbs, spices) and roasted coffee beans.
Prohibited Foods (Potentially Hazardous Foods)
Under Maryland cottage food laws, certain foods are considered high-risk and are prohibited from being made and sold from home kitchens. These include:
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Meat, Poultry, and Seafood Products
- Fresh or cooked meats, including jerky, sausages, and any canned meats.
- Poultry and fish (including canned tuna or smoked fish).
- Shellfish or seafood products.
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Dairy-Based Products
- Milk, cream, butter, cheese, and yogurt.
- Cream pies (banana cream, coconut cream), cheesecakes, and custard-based items.
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Low-Acid Canned Foods
- Canned vegetables (corn, green beans, carrots).
- Pickles, chutneys, and salsas unless they have been tested and meet the required acidity levels.
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Fermented Foods
- Fermented foods like kimchi, sauerkraut, kombucha, or any product requiring careful pH monitoring.
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Beverages
- Homemade juices, smoothies, and any alcohol-based beverages like wine or beer.
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Catered or Prepared Foods
- Full meals, casseroles, prepared dinners, or any food requiring refrigeration or reheating.
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Cut or Fresh Produce
- Fresh-cut fruits or vegetables (e.g., fruit salads, vegetable platters).
Sales Venues for Maryland Cottage Food Operators
Maryland allows cottage food producers to sell directly to consumers without needing a license, but sales are limited to specific venues:
- Farmers Markets: You are allowed to sell cottage foods at any farmers market within Maryland.
- Direct Sales from Home: You can sell directly from your home to consumers (e.g., home pick-up).
- Events and Community Gatherings: Cottage food operators may sell their products at local fairs, festivals, and other community events.
- Online Sales: You are permitted to sell online only within Maryland. However, shipping across state lines is not allowed without a commercial food license.
You cannot sell cottage foods to retail stores (e.g., grocery stores, cafes, restaurants), nor can you engage in wholesale distribution.
Labeling Requirements
To ensure compliance with Maryland cottage food laws, all products must be properly labeled. The label must include the following information:
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Product Name
- Clearly state the name of the product (e.g., "Blueberry Jam").
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Producer’s Information
- Include your name, business name (if applicable), and your physical address. A P.O. box is not allowed.
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Ingredients
- List all ingredients in descending order by weight. Ensure that you include sub-ingredients (e.g., for chocolate chips, list "sugar, cocoa butter, lecithin").
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Allergen Warnings
- Include information about allergens such as wheat, soy, peanuts, tree nuts, eggs, dairy, fish, and shellfish.
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Net Weight or Volume
- Display the net weight of the product in both U.S. customary and metric units (e.g., "Net Wt 8 oz (227 g)").
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Statement of Exemption
- You must include the following disclaimer in 10-point font: “Made by a cottage food business that is not subject to Maryland’s food safety regulations.”
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Production Date or Batch Number
- Include a code or date that allows you to track production in the case of a recall.
Licensing and Food Safety
While Maryland cottage food producers do not need a food handler license or food processing license for non-potentially hazardous foods, it is recommended to take a food safety training course to ensure best practices in handling food. Additionally, your kitchen should be clean and well-organized to prevent cross-contamination.
For food safety guidelines, consult the Maryland Department of Health, and consider taking courses on safe food handling practices through organizations such as ServSafe.
Local Regulations and Zoning
Each local jurisdiction in Maryland may have its own zoning regulations or health codes that could affect your ability to sell food from your home. Be sure to check with your local city or county government to ensure compliance with any additional laws.