Cottage Food Laws in Montana
Essential Guide for Home-based Producers
This article is part of our Guide on Cottage Food Laws State By State
Cottage Food Laws in Montana provide an opportunity for small-scale food entrepreneurs to create and sell their homemade food products. These laws, enacted and regulated by the Montana Department of Public Health and Human Services (DPHHS), enable individuals to produce non-potentially hazardous foods in their home kitchens and sell them directly to consumers. By eliminating the need for costly commercial kitchen space, Montana's cottage food laws encourage a thriving marketplace for local artisans and home-based businesses.
To ensure public safety, Montana's cottage food laws outline strict guidelines for product types, labeling, and sales locations. Non-potentially hazardous foods, such as baked goods, jams, jellies, and pickled vegetables, (What wine goes well with pickled vegetables?) can be produced under these regulations due to their low risk for foodborne illness. Additionally, cottage foods must adhere to clear labeling requirements that disclose their homemade nature and provide allergen information. Sales of these products are typically limited to direct consumer transactions at farmers markets, local events, and online platforms.
Understanding and navigating Montana's cottage food laws is essential for producers looking to build successful home-based businesses. By adhering to these guidelines and embracing the entrepreneurial spirit, cottage food producers can contribute to their communities' economies and food cultures while pursuing culinary passions.
Cottage Food Laws in Montana Overview
Cottage Food Laws in Montana regulate the production and sale of homemade food products. These laws aim to support small-scale food entrepreneurs by allowing them to start their businesses with lower costs and fewer regulatory hurdles. Under these laws, individuals can produce and sell certain non-hazardous food items directly to consumers without obtaining a commercial food license.
Montana's Cottage Food Laws have specific criteria for both the food products and the producers. For a food product to be considered a cottage food, it must be a non-potentially hazardous food, meaning it does not require temperature control for safety. Examples of eligible cottage food products include:
Baked goods such as cookies, cakes, and bread
Jams, jellies, and preserves
Candy and confections
Dry mixes, such as soup mixes and spices
On the other hand, the following items are not allowed for sale under the Cottage Food Laws in Montana:
Meat products
Dairy products, except for butter
Canned vegetables or fruits
Products made with cooked fruits or vegetables
Cottage Food producers are also subject to certain requirements and limitations. They must sell their products directly to consumers, meaning they cannot sell wholesale or online. These sales can occur at venues such as farmers' markets, roadside stands, or community events. Producers are required to complete a Food Safety Training course and obtain a Cottage Food Operator Certificate before they can start their business. Additionally, their total annual gross sales must not exceed $100,000 per year.
Products sold under the Montana Cottage Food Laws must include a label with specific information. The label should clearly state that the food is not inspected by the Montana Department of Public Health and Human Services. Additionally, the label must include the producer's name, address, and a list of ingredients.
In summary, Montana's Cottage Food Laws provide opportunities for individuals to start small food businesses while ensuring these products meet specific safety standards. By adhering to these regulations, cottage food operators in Montana can build successful businesses while contributing positively to their local communities.
Allowed and Prohibited Products
Food Categories
Montana's Cottage Food Laws permit the production and sale of certain non-potentially hazardous foods. These include:
Baked goods (cookies, breads, and pastries)
Candy
Canned pickles, jams, and jellies
Granola (how long does granola last?) and cereal
Popcorn (how long does popcorn last?)
Dried herbs (how long do dried herbs last?) and tea blends
However, the following products are prohibited under Montana's Cottage Food Laws:
Meat and poultry products
Dairy products
Canned vegetables and salsas
Baked goods requiring refrigeration
Food products containing CBD or THC
Labels and Ingredients
Montana's Cottage Food Laws require producers to label their products with specific information, ensuring consumer safety and transparency. Labels must include:
The name and address of the cottage food operation
The product name
A complete list of ingredients in descending order of predominance by weight
Net weight or volume of the product
The statement "Made in a home kitchen not subject to retail food establishment inspections or food safety regulations" in at least 10-point font
It is crucial for cottage food producers to adhere to these labeling requirements and only sell products within the allowed categories to comply with the regulations and maintain a safe environment for consumers.
Production and Sales Limits
Home Production
In Montana, cottage food producers are allowed to make and sell their products from their home kitchens. These products must be classified as "non-potentially hazardous," meaning they do not require time and temperature control for safety. Examples of allowable products include baked goods, jams, jellies, candies, and dry mixes.
Producers must follow specific guidelines to ensure food safety. They are required to obtain a Cottage Food Operation Registration and complete food safety training. Additionally, they must maintain a clean and sanitary work environment, package products in a way that protects them from contamination, and store ingredients and finished products properly.
Sales Categories
Cottage food laws in Montana permit producers to sell at various locations, such as farmers' markets, roadside stands, and online platforms. Producers are categorized based on their total gross annual sales:
Tier 1 producer: Gross annual sales of less than $10,000.
Required to obtain a Cottage Food Operation Registration.
Tier 2 producer: Gross annual sales between $10,000 and $25,000.
Required to obtain a Cottage Food Operation Registration and have their home kitchen inspected annually.
Sales of cottage food products must be direct to the consumer, and producers cannot sell wholesale or to retail food establishments. Each product must be labeled with the name and address of the producer, the product name, ingredients list, and the statement "Made in a home kitchen not subject to retail food establishment inspections."
Registration and Licensing Requirements
Food Safety Training
In Montana, cottage food producers are required to complete a food safety training course. This helps ensure that they are knowledgeable about proper food handling and sanitation practices. These courses may be offered in-person or online, and it is important for producers to choose a course that meets the requirements set forth by the Montana Department of Public Health and Human Services (DPHHS). Upon completion, producers need to maintain a copy of their certificate as proof of training.
Sanitary Regulations
Cottage food producers in Montana must adhere to several sanitary regulations. These include, but are not limited to:
Maintaining a clean and sanitary environment for food production
Properly washing all fruits and vegetables used in products
Using potable water for cooking, cleaning, and handwashing
Storing all food products at safe temperatures (below 41°F or above 135°F for perishable items)
Regularly cleaning and sanitizing any surfaces and kitchen equipment that come into contact with food.
It is essential for cottage food producers to follow these regulations to protect the health of their customers and avoid potential fines or penalties. By maintaining a safe and clean environment, producers can contribute to the overall well-being of those who consume their products.
Packaging and Labeling Requirements
When it comes to cottage food laws in Montana, proper packaging and labeling are essential for ensuring food safety and adhering to state regulations. In this section, we discuss the specific requirements for nutritional information and production date.
Nutritional Information
Cottage food producers in Montana are required to include accurate nutritional information on their product labels. This information should be presented in a clear and easily understood format for consumers. Some key components to include are:
Serving size and servings per container: Provide the suggested serving size and the total number of servings in the package.
Calories: List the total calories per serving.
Nutrient content: Include information on the amounts of total fat, saturated fat, cholesterol, sodium, total carbohydrates, dietary fiber, sugars, and protein per serving.
It's important to ensure the nutritional information is based on reliable sources and accurate calculations to avoid misleading consumers.
Production Date
In addition to nutritional information, Montana's cottage food laws require producers to clearly display the production date on their product labels. This information helps consumers gauge the freshness of the product and make informed decisions about consumption.
The production date should be listed as the day, month, and year the product was prepared or processed. For example:
Produced on: 27 July 2023
By following these packaging and labeling requirements, cottage food producers in Montana can ensure compliance with state regulations and provide transparency to their customers.
Inspections and Compliance
Routine Inspections
Cottage food operators in Montana can expect occasional routine inspections to ensure compliance with the state's laws and regulations. These visits are conducted by local or state health department officials and typically focus on cleanliness, sanitary conditions, and adherence to food labeling standards. It's essential for cottage food producers to maintain a clean and organized workspace and to store ingredients and finished products properly. Following good manufacturing practices will help operators to avoid potential violations during these routine inspections.
Violations and Consequences
In the event that a cottage food operator is found to be in violation of Montana's cottage food laws, they may face a range of consequences. Some common violations include: failure to comply with labeling requirements, selling products not included on the approved food list, or operating without the necessary permits. Penalties can range from:
Written warnings and required corrective action
Fines or penalty fees
Suspension or revocation of the cottage food registration
It is crucial for cottage food operators to address any violations promptly and communicate with the health department to rectify the situation. Operators should always remain updated with the latest regulations to ensure they are operating legally and maintain their registration in good standing.
