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StateFood Freedom

Montana cottage food rules

Review sales limits, online sales, registration, labeling, venues, shipping, foods, and source notes for this jurisdiction.

Sales limit

None

Online sales

No

Registration

Not required

Training

Not required

Current law details

Start with the summary, then verify locally.

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.

Setup requirements

Registration, training, and labeling details.

These are the common operating requirements sellers check before launching or changing sales channels.

Registration

Required
No

Training

Required
No

Labeling

"Consumer notification that products are homemade and not inspected/licensed (format flexible)"

  • Product name
  • Producer/business name
  • Contact information
  • Ingredient list (recommended)
  • Allergen information (recommended)
  • Net quantity (recommended)
  • 'Keep refrigerated' for perishables

Sales channels

Allowed venues and fulfillment methods.

Confirm how customers are allowed to buy, receive, or pick up products before opening a sales channel.

Sales venues

Home sales
Allowed
Farmers markets
Allowed
Roadside stands
Allowed
Events
Allowed
Retail stores
Not allowed
Restaurants
Not allowed
Online
Not allowed

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 and delivery

In-state
Not allowed
Out-of-state
Not allowed
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).

Product categories

Allowed food categories.

Allowed and limited categories are only a planning aid. Check official guidance before selling a specific recipe.

Baked goods

Allowed

Candy and confections

Allowed

Jams and jellies

Allowed

Acidified foods

Limited

Canned goods

Limited

Dried goods

Allowed

Perishables

Limited

Meat products

Limited

Dairy products

Limited

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.

Updates and cautions

Check these notes before making changes.

Recent updates and warnings are included to help you spot issues that may need extra verification.

Recent legislative updates

SB 202

Effective: 2023

active

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

active

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

active

Traditional cottage food law with typical restrictions

Important warnings

  • 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

Sources used for this summary.

Last updated: 2026-05-07. Use these sources as a starting point for current verification.

  • 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 rules change frequently and vary by local jurisdiction. Always verify current regulations with your state and local health departments before starting your business.

Next step

Turn Montana rules into a clear ordering experience.

Use Cottage CMS to publish products, pickup windows, forms, disclosures, and order workflows after you verify the current local requirements.