Baker decorating a cake in their home.

Food Made in a Home Kitchen

A cottage food operation is a person or small business that makes, packages, or sells certain approved foods from a kitchen in their home that has been properly registered.
Cottage food products may only be sold directly to consumers within the state of Montana.

Montana Code Annotated (MCA) Definitions:

“Cottage food operation” means a person who provides, manufactures, or packages cottage food products only in a kitchen in a registered area of a domestic residence and only for direct sale to a consumer in this state.

“Cottage food operator” means a person registered with the regulatory authority to operate a cottage food operation.

Are you experiencing illness you believe may be linked to consuming food you purchased through a cottage food vendor?

Learn how to get a Cottage Food License and keep it up to date:

  1. Review the cottage food rules. 
    Determine whether the food products you want to make and sell are allowed under the cottage food requirements.  
  2. Write down each recipe. 
    Document every recipe you plan to sell. Use consistent measurements and weigh ingredients when needed so the recipe is clear and repeatable.  
  3. Create a label for each product. 
    Each food item needs its own label. For example, chocolate chip cookies and snickerdoodle cookies are two different products, so each would need its own recipe and label.  
  4. Verify your water source meets requirements. 
    At the time of registration, you must demonstrate that the water source for the cottage food operation is approved for use by providing one of the following: 

    • Documentation showing the home is served by an approved public water system; or  
    • Private well test results from a certified laboratory showing:  
      • Nitrates below 10 mg/L from a sample collected within the last 12 months; and  
      • Total coliform absent from a sample collected within the last 6 months.  
  5. Complete the cottage food registration application. 
    Fill out the application and include the required recipes, labels, and water documentation.  
  6. Submit your application to Gallatin City-County Health Department. 
    Email the completed application and supporting documents to ehs@gallatin.mt.gov.  
  7. Pay the registration fee. 
    The cottage food registration fee is $40.00 and may be paid online using the Environmental Health Online Payments link on the Healthy Gallatin website.  
  8. Wait for approval before selling. 
    Do not begin selling cottage food products until your registration has been reviewed and approved by the Gallatin City-County Health Department. 

Cottage Food License Frequently Asked Questions:

There is a one-time registration fee of $40.00. However, if the location of the operation moves, or additional recipes and labels are submitted, the operator is required to re-register and pay the fee again.

At the time of registration, operators must provide documentation showing either: 

  • The home is served by an approved public water system; or  
  • Private well testing results from a certified laboratory showing:  
      • Nitrates below 10 mg/L collected within the last 12 months; and  
      • Total coliform absent from a sample collected within the last 6 months.  

The requirements for labeling are contained in ARM 37.110.504 and are also listed in the Montana Department of Public Health and Human Services Cottage Food Operation Guidance and Registration Application available on our website at ehfs.mt.gov.

Click here for details on ARM 37.110.504 from the Montana Secretary of State website.

No, Cottage Food Operations are not inspected, unless there is a complaint or illness investigation.

No, the foods produced must be sold directly to the customer and only from the producers’ home, or at a farmers’ market, bazaar, or small venue. These foods can only be sold directly to the customer or individual purchasing the cottage food product as a gift. Selling or providing these food products to grocery stores or other retail food establishments such as restaurants is prohibited.

Specific foods that are considered to be "non-potentially Hazardous" may be approved for preparation by Cottage Food Operators in their home. "Non-potentially hazardous foods are foods that do not require refrigeration to keep them safe from pathogens.  

Click here for more information from ARM 37.110.503 APPROVED COTTAGE FOOD PRODUCTS

Many pies are allowed, however, potentially hazardous pies such as pumpkin and cream pies are not allowed since they require refrigeration to prevent pathogen growth. 

The preserved products allowed in Montana as cottage foods (jams, jellies, some fruit butters) have different characteristics than canned fruits and vegetables. Higher amounts of sugar in these products lower the water activity and therefore don’t allow the growth of pathogens.

You may use home grown vegetables, fruits, and eggs in the products you produce for sale. Vegetables and fruits can be frozen for later use, as well. Safe food handling/processing guidelines should be followed, and all fruits and vegetables should be rinsed before use.

Dairy products and eggs are not eligible cottage food products. Eggs may be sold at farmers’ markets with restrictions. Contact the Montana Department of Livestock—Milk and Egg Bureau for more information.

Click here to visit the Montana Department of Livestock, Milk and Egg Production.

Only butter cream frosting that does not require refrigeration, for instance, if the recipe uses shortening instead of butter or the recipe has been tested and determined to be non-potentially hazardous. 

No, pet treats are not included in Montana’s list of allowed cottage foods. Contact the Department of Agriculture for further information. 

Click here for the Montana Department of Agriculture’s website. 

You should check with your homeowner insurance company or your landlord if you are operating out of a rental property. Many homeowner insurance policies will not extend liability coverage to liabilities that result from the activities of a home-based business.

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Questions?

If you have questions regarding cottage food registrations, farmers’ market registrations, food licensing, temporary events, or food safety requirements, please contact the Gallatin City-County Health Department Environmental Health Division. 

Please note: Approval by the Gallatin City-County Health Department does not constitute approval under all other applicable federal, state, local, zoning, building, fire, business licensing, or land use requirements. Operators are responsible for obtaining all other required approvals and permits. 

Contact Us:

Call: 406-582-3120
Email: ehs@gallatin.mt.gov

Temporary Office Location:

400 E. Babcock Street, Bozeman