Current Law Details
Three pathways: (1) Cottage Food: Home Food Processor License ($20/yr) + home inspection; can sell at farmers markets, retail, restaurants, online; (2) Food Sovereignty: 113+ municipalities (30% of towns) allow unlicensed direct sales at home only; (3) Right to Food: First state with constitutional food right (2021) - impact on regulations being tested in court. NO interstate shipping allowed. Mobile vendor license required for farmers market sales under cottage food pathway.
Registration & Training
📋Registration
- Required
- Yes
- Type
- license
- Cost
- $20/year
- Inspection Required
- Yes
🎓Training
- Required
- No
Labeling Requirements
Required Statement
"Made in a Home Kitchen"
Additional Label Elements
- ✓Product name
- ✓Producer name and address
- ✓Complete ingredient list
- ✓Allergen information
- ✓Disclosure regarding potential allergens or risk of foodborne illness
Allowed Sales Venues
Farmers markets require Mobile Vendor License in addition to Home Food Processor License. Food sovereignty ordinances (113+ municipalities) allow unlicensed sales at home only. Cottage food law allows all venues.
Shipping & Delivery
Shipping Options
- In-State
- Allowed
- Out-of-State
- Not Allowed
Delivery Methods
- Commercial Carriers
- Allowed
- Third-Party Delivery
- Allowed
In-state shipping via USPS, UPS, FedEx allowed. Interstate shipping prohibited (federal jurisdiction). Mail order and personal delivery within Maine permitted.
Allowed Foods
Allowed: Most baked goods (no cream fillings/cream-cheese frosting), hard candies, honey, condiments (ketchup, mustard, BBQ sauce), salsas (proper pH), pickles (with recipe testing), dried fruits/vegetables, cereals, granola, pasta, pies (fruit, not cream), fruit butters, jams/jellies (including low-sugar with testing), fruit leather, popcorn, spice rubs. Prohibited: Raw dough, oven-ready meals, dried meat/jerky, low-acid canned foods, cream-filled items, pressure-canned items.
Recent Legislative Updates
Question 3 - Constitutional Amendment
Effective: November 2, 2021
Maine became first state to enshrine Right to Food in state constitution - impact on licensing requirements being tested in court (Deschaine v. Lambrew)
Maine Food Sovereignty Act
Effective: 2017
Enabled municipalities to adopt local ordinances exempting direct producer-to-consumer food sales from state regulations - 113+ municipalities have adopted as of 2025
Important Warnings & Notes
- ⚠️Home Food Processor License ($20) and inspection required for cottage food operations
- ⚠️Mobile Vendor License required for farmers market sales
- ⚠️Recipe testing required for pickles, chocolate sauces, low-sugar jams, acidified foods
- ⚠️No interstate shipping allowed (in-state only)
- ⚠️Food sovereignty ordinances available in 113+ municipalities but limited to home sales only
- ⚠️Right to Food constitutional amendment impact still being determined through litigation
Research Sources
This information was compiled from the following sources (Last updated: 2025-10-06):
- •Maine DACF Home Food License 101
- •Maine Food Sovereignty Act (MRS Title 7, Chapter 8-F)
- •Maine Constitution Article I, Section 25
- •Forrager.com - Maine
- •Local Food Rules - Mapping Food Sovereignty
Important Legal Disclaimer
This information is for educational purposes only and should not be considered legal advice. Cottage food laws change frequently and vary by local jurisdiction. Always verify current regulations with your state and local health departments before starting your business.
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