Is Selling Homemade Food Legal in Montana After the 2026 Law Changes?

Yes, Montana permits limited home-based food sales under the Montana Cottage Food Act (MCA 50-50-101 et seq.), exempting non-perishable foods from commercial licensing. The 2023 amendments expanded allowable items to include baked goods, jams, and candies, but prohibit meat, dairy, or low-acid canned foods. Local health departments enforce labeling and gross sales caps ($15,000/year), while the 2026 FDA Food Code harmonization may tighten future oversight.

Key Regulations for Selling Homemade Food in Montana

  • Permitted Foods Only: Non-potentially hazardous items like bread, honey, and dried herbs are allowed; perishables (e.g., cheesecake, jerky) require commercial kitchens.
  • Labeling Mandates: Products must display ingredients, allergens, net weight, and the statement: “This product is home-produced and not subject to state inspection.”
  • Sales Limits & Channels: Gross annual revenue capped at $15,000; direct-to-consumer sales (farmers’ markets, online) are permitted, but wholesale distribution is prohibited without a commercial license.

Local health jurisdictions (e.g., Gallatin City-County Health Department) conduct periodic inspections for compliance, particularly post-2023 expansion. Failure to adhere to labeling or sales thresholds risks misdemeanor penalties under MCA 50-50-203. Producers should consult the Montana Department of Public Health & Human Services (DPHHS) for updates ahead of the 2026 FDA alignment.