Current Law Details
Food Freedom Act (SB 199, 2021) - Top 5 ranking nationally. Almost all foods allowed including perishables (refrigerated <41°F). Own poultry up to 1,000 birds/year. Small dairies can sell raw milk (5 cows / 10 goats/sheep with testing). No licenses, permits, inspections, or training required. SB 202 (2023) clarified farmers market rules. Online advertising allowed but online sales prohibited - in-state direct sales only.
Registration & Training
📋Registration
- Required
- No
🎓Training
- Required
- No
Labeling Requirements
Required Statement
"Consumer notification that products are homemade and not inspected/licensed (format flexible)"
Additional Label Elements
- ✓Product name
- ✓Producer/business name
- ✓Contact information
- ✓Ingredient list (recommended)
- ✓Allergen information (recommended)
- ✓Net quantity (recommended)
- ✓'Keep refrigerated' for perishables
Allowed Sales Venues
Direct sales at farmers markets, roadside stands, home pickup, fairs/festivals, farm stands, community events (weddings, funerals, potlucks). NO retail stores, restaurants, or third-party resale. Can advertise online but cannot sell online.
Shipping & Delivery
Shipping Options
- In-State
- Not Allowed
- Out-of-State
- Not Allowed
Delivery Methods
- Commercial Carriers
- Not Allowed
- Third-Party Delivery
- Not Allowed
NO online sales or shipping. All transactions must be direct, in-person, face-to-face between producer and informed consumer within Montana. Can advertise online but sales transaction must occur in person. Inspections only complaint-based (no routine oversight).
Allowed Foods
ALMOST ALL FOODS: Baked goods (including perishables with refrigeration <41°F), candy, jams/jellies, pickled/acidified foods, canned goods (not pressure-canned), dried/freeze-dried foods, perishable items (<41°F), poultry (up to 1,000 birds/year with federal recordkeeping), raw milk/dairy (small dairies: 5 cows OR 10 goats/sheep with testing). PROHIBITED: Meat (except limited poultry), products requiring pressure canning, alcohol, cannabis, dietary supplements.
Recent Legislative Updates
SB 202
Effective: 2023
Clarified that county commissioners cannot regulate MLFCA transactions at farmers markets, ensured uniform labeling requirements across all venues, prevented local governments from undermining state exemptions
SB 199 - Montana Local Food Choice Act
Effective: April 30, 2021
MAJOR REFORM: Replaced 2015 cottage food law with food freedom framework, eliminated sales caps, eliminated licensing/permits/inspections, expanded to almost all foods including perishables, poultry, and raw milk
Original cottage food law
Effective: 2015
Traditional cottage food law with typical restrictions
Important Warnings & Notes
- ⚠️NO online sales or shipping - in-person direct sales only (can advertise online)
- ⚠️Must inform consumers products are homemade and not inspected/licensed
- ⚠️Sales must be between producer and informed end consumer (no resale)
- ⚠️Transactions must occur within Montana only (no interstate commerce)
- ⚠️Perishables must be sold under refrigeration at <41°F
- ⚠️Poultry exemption: Max 1,000 birds/year with federal recordkeeping
- ⚠️Raw milk: Small dairies only (5 cows / 10 goats/sheep) with required testing every 6 months
- ⚠️Pressure-canned foods not recommended due to botulism risk
Research Sources
This information was compiled from the following sources (Last updated: 2025-10-06):
- •Montana Code Title 50, Chapter 49, Part 2 (MLFCA)
- •Montana SB 199 (2021)
- •Montana SB 202 (2023)
- •Montana DPHHS - MLFCA Guidance (Oct 1, 2023)
- •Institute for Justice - Baking Bad Report
- •MSU Extension - SB199 Local Food Choice Act
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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