Selling Homemade Food in Montana - Institute for Justice

People love fresh-baked cookies and cake right out of the oven. Yet selling homemade food at most venues was illegal in Montana until 2015. Prior to legislative reforms passed that year, Montana homemade food producers could sell their products only at farmers’ markets.

Then in 2021, Montana lawmakers passed the “Local Food Choice Act,” which eliminated nearly all restrictions around selling homemade food. Montana is now one of the freest states in the nation for homemade food sales.

Grades For Homemade Food Laws	Montana
Final Grade	A-
Food Varieties Grade	A-
Sales and Venue Restrictions Grade	A-
Regulatory Burdens Grade

Montana cottage food types

Food Varieties	Montana
What Shelf-Stable Foods Can I Sell in Montana?	No restrictions
Can I Sell Refrigerated Baked Goods in Montana?	Yes
Can I Sell Meat in Montana?	Yes, under 1,000 personally-raised poultry.
Can I Sell Acidified or Pickled Foods in Montana?	Yes
Can I Sell Low-Acid Canned Goods in Montana?	Yes
Can I Sell Fermented Foods in Montana?	Yes

Many states regulate “cottage food,” meaning food made in a home kitchen for sale. People in Montana may sell almost any homemade food except those that contain meat. Montanans may also sell poultry if they slaughter fewer than 1,000 birds per year.

In addition, the 2021 law creates provisions for “small dairies” or people who produce their own dairy products on a small scale. Small dairies must have no more than five lactating cows, 10 lactating goats, 10 lactating sheep or 10 other lactating hoofed mammals kept for producing milk. Small dairies are exempt from the licensing requirements that ordinarily apply to dairy producers. However, small dairies still are required to test all milk or cream sold as homemade food for standard plate count, coliform count and somatic cell count every six months, and for brucellosis every year. Small dairies are the only dairy producers in Montana that are permitted to sell raw milk, which refers to unpasteurized milk.

Montana Cottage food venues

Sales and Venue Restrictions	Montana
Annual Sales Cap	None
Where Can I Sell Homemade Food Direct to Consumers in Montana?	No restrictions
Can I Sell Homemade Food to Retail Outlets Like Restaurants and Grocery Stores?	No
Online Orders	Yes
Mail Delivery	Yes

Montana cottage food producers must sell their products directly to the consumer. They may not use a third party or retail establishment, except when selling raw, unprocessed fruits and vegetables. Montana cottage food producers may coordinate sales online,. Montana also allows homemade food sales at traditional community events, including weddings, funerals, church and school socials, farmers’ markets, potlucks, neighborhood gatherings, club meetings and outdoor sporting events. Homemade food produced in Montana may not be sold outside the state.

Getting started in Montana

Regulatory Burdens	Montana
Inspections Required Before Starting	No
Are Local Ordinances Preempted or Overridden?	Yes
License, Permit or Registration Required	No
Recipe Approval or Lab Testing Required	No
Food Handler Training Required	No

The 2021 Local Food Choice Act specifically exempts homemade food from the state’s licensing, permitting, inspections, and labeling requirements. Although there are no specific homemade food labeling requirements, but all producers must make clear to consumers that the food has not been “licensed, permitted, certified, packaged, labeled, or inspected per any official regulations.”

Montana temporary food establishments

In addition to its homemade food law, Montana has special provisions for temporary food establishments, which may operate at community events such as fairs and carnivals. Temporary food establishments may sell most types of food, including homemade meat products, but first they must obtain a permit from the local health department. Each temporary food establishment may operate at a fixed location for no more than 21 days in conjunction with a single event or 45 days within a calendar year at a recurring event.

Montana cottage food facts

Myths about cottage food abound. Here are the facts:

Cottage food is safe. Critics who talk about the risk of food-borne illness give hypothetical examples of what could go wrong because real-world cases are rare or nonexistent.
Cottage food is local. When neighbors trade with neighbors, money stays in the local economy.
Cottage food is transparent. People who buy from a cottage food producer know what they get. If they have questions about ingredients, sourcing or safety, they can ask.
Cottage food creates jobs. Many homemade food producers use their income to provide for their families. Others seek a secondary or supplemental income.
Cottage food empowers women. IJ cottage food research shows that most cottage food producers are women, and many live in rural areas with limited economic opportunity.
Cottage food expands consumer choice. Some stores simply don’t sell what you want. This is especially true if you have a gluten-free, peanut-free, halal, kosher or vegan diet. Cottage food fills market gaps, giving consumers more options.

Montana cottage food resources

As part of its Food Freedom Initiative, the Institute for Justice provides a variety of resources for home bakers and other food entrepreneurs. These include:

Model Food Freedom Act from the Institute for Justice guides activism efforts at state capitols nationwide.
Flour Power: How Cottage Food Entrepreneurs Are Using Their Home Kitchens to Become Their Own Bosses surveys 775 cottage food producers in 22 states about what their businesses mean to them.
Ready to Roll highlights nine lessons from the Institute for Justice’s cottage food victory in Wisconsin.
The Attack on Food Freedom examines the impact of regulations on farmers, chefs, artisans, restaurateurs, food truck operators and others.

Tell your Montana story

Is government violating your homemade food freedom in Montana? Do you have a potential case for IJ? Get started here…

Support Montana legislation

Help expand cottage food laws in Montana by teaming with the Institute for Justice. Send an email with your name, background information and availability to get started…

Defending homemade food freedom nationwide

People have a right to earn an honest living without arbitrary and excessive government interference. Since 2013, the Institute for Justice has defended home bakers and chefs as part of its Food Freedom Initiative. Read about IJ’s nationwide food freedom advocacy…

All information, content, and materials available on this site are for general informational purposes only and does not constitute legal advice. Statutes, regulations, and processes are subject to change at any time, and specific facts and circumstances could alter how they are applied. If you have questions about the regulation of cottage foods in your jurisdiction, we recommend consulting a lawyer who can help you navigate the process.