Cottage Food Laws in Maryland
Last verified against official sources on by Amrit. How we verify
Yes. In Maryland you can make shelf-stable foods such as cookies, breads, candy and fruit jams in your home kitchen and sell them without a state food license, as long as your sales stay at or under $50,000 a year. Everything must be packaged and labeled, and you can sell only within Maryland. To sell to a grocery store or other retail food store, you must first send your label and a food safety course certificate to the Maryland Department of Health and wait for its written approval.[2][1][4][3]
At a glance
| Permit needed | No state food license. Written MDH approval only if you sell to retail food stores. Local rules may add more.[1][3][5] |
|---|---|
| Sales cap | $50,000 a year from cottage food sales[2] |
| Training | Only needed to sell to retail food stores: a basic food safety course accredited by ANSI (the American National Standards Institute) and taken in the past 3 years[5][3] |
| Label statement | "Made by a cottage food business that is not subject to Maryland's food safety regulations." in 10-point or larger type[1] |
| Where you can sell | Directly to customers in Maryland from your home, at farmers markets, public events and fundraising bake sales, by personal delivery or by mail. Retail food stores after MDH approval.[2][5] |
| Online and shipping | You can advertise online and mail orders, but only to customers in Maryland. No sales across state lines.[5] |
| Fee | No state license. MDH does not charge for the retail store review.[4] |
| Agency | Maryland Department of Health (MDH), Office of Food Protection[6] |
Step by step
Do these in order. Each step links to the official form or page.
Check that your food is allowed
Only "non-potentially hazardous" foods are allowed. That means foods that are safe at room temperature, such as cookies, breads, hard candy, and jams and jellies made from high-acid fruits. Foods that need refrigeration, pickled or acidified foods, meat, dairy, beverages and fermented foods (other than sourdough bread) are not allowed. If your recipe is borderline, such as banana bread or an icing with butter or water added, a food testing lab can test it. The lab measures water activity (how much free water is in the food) and pH (how acidic it is). A water activity of 0.85 or less, or a pH of 4.6 or less, counts as non-potentially hazardous.[3][4][5]
Check your county and town rules
State law requires you to follow all county and city laws on making, storing and selling cottage food. Ask your local health department and zoning office before you start. Some local governments in Maryland may not allow home food businesses at all. Ask the Circuit Court clerk in your county about a business license and the Comptroller of Maryland about sales tax.[1][5]
Package and label every item
Make, package and label the food in your home, and store it there. The label must be in English and show your business name and home address (not a PO box), the name of the food, all ingredients including sub-ingredients in order by weight, the net weight, volume or count, and any major allergens. Add nutrition facts only if you make a health or nutrition claim. Print the required statement in 10-point or larger type in a color that stands out from the label background.[1][5][4]
Ask for an ID number if you don't want your address on the label (optional)
MDH will give you a unique identification number to print instead of your home address. If you use it, the label must also show your business phone number. Request it with the MDH Cottage Food Business Request Form. If any of your products needed a lab test to qualify, include the lab results with the request.[1][4][5]
Get approved before selling to stores (optional)
To sell to a retail food store (a licensed grocery store, convenience store, retail market, retail bakery or food co-op), first take a basic food safety course accredited by ANSI (the American National Standards Institute). Then send MDH your certificate (from the past 3 years) and your store label through the Cottage Food Business Request Form. If any of your products needed a lab test to qualify, send the lab results too. Store labels must also show your phone number, email address and the date the food was made. You may not sell to a store until MDH sends you a compliance letter. After approval, any change to your products, business location, labels or sales locations must also be approved.[4][5][3][1]
Sell to customers in Maryland
Sell from your home, at farmers markets and public events, at fundraising bake sales, by personal delivery or by mail within Maryland. Before selling at a farmers market or public event, contact the local health department, which may have extra requirements. Keep your yearly cottage food sales at or under $50,000.[2][5][4]
What you can and can't sell[3][4][5]
Allowed
- Baked goods that don't need refrigeration: breads, bagels, biscuits, cookies, brownies, muffins, tortillas, pastries
- Cakes and cupcakes without perishable icing or fillings
- Hot-filled jams, jellies and preserves made from high-acid fruits (such as apples, berries, cherries, grapes, oranges and peaches)
- Fruit butters made only from apple, apricot, grape, peach, plum, prune or quince
- Hard candy, lollipops, brittle, toffee and chocolates made from commercial chocolate
- Popcorn, kettle corn, nuts, granola bars and snack mixes from commercial ingredients
- Whole roasted coffee beans, and spice, seasoning and tea blends from commercial ingredients
Not allowed
- Baked goods that need refrigeration, such as cheesecake, cream, custard, pumpkin, sweet potato and meringue pies
- Buttercream, cream cheese and royal icings, unless lab-tested
- Pickled, acidified and fermented foods (salsa, pickles, pepper jelly, kombucha, sauerkraut), except sourdough bread
- Low-acid canned foods, condiments and sauces
- Sugar-free jams, jellies and fruit butters, and fruit butters from any other fruit (such as pumpkin or pear)
- Meat, poultry, fish and shellfish
- Milk and dairy products, including ice cream
- Beverages of any kind, including apple cider and brewed coffee, and ground or flavored coffee
- Homemade fudge, caramels and nut butters
- Dehydrated or freeze-dried foods (except freeze-dried store-bought candy)
- Products with CBD or cannabis
Local rules
These places add their own requirements on top of the state rules.
- All Maryland counties and municipalities: You must follow your county's and town's own laws on preparing, storing and selling cottage food. Some local governments may be stricter than the state, and some may not allow home food businesses at all. Ask your local health department and zoning office.[1][5]
What it costs
| Step | Fee |
|---|---|
| Get approved before selling to stores (optional) | Free (MDH charges no fee for the review) |
| Total if every fee applies to you | $0 |
Frequently asked questions
Can I sell my cottage food online or ship it to other states?
You can advertise online and take orders, and you can mail food, but only to customers in Maryland. Sales across state lines are not allowed.[5]
Can I sell my baked goods to a coffee shop or restaurant?
No. Besides selling to your own customers, you can sell only to a licensed retail food store, such as a grocery store, convenience store, retail bakery or food co-op, and only after MDH approves you. Restaurants, coffee shops and cafeterias do not count as retail food stores.[5]
Do I have to put my home address on the label?
Not if you get an ID number from MDH. You can print that number instead of your address, along with your business phone number. Otherwise the label must show the physical address of your home kitchen, not a PO box.[5]
Will the health department inspect my kitchen?
Not routinely. There is no inspection before you start or on a schedule. If someone complains or gets sick, the health department may inspect your kitchen and take samples, and you must let them in.[5][3][1]
Can I sell cakes with buttercream frosting or banana bread?
Only if a food testing lab shows the recipe is shelf-stable (water activity of 0.85 or less, or pH of 4.6 or less). Each recipe needs its own test, and if you change the recipe or ingredients you must test again. At public events such as fairs and festivals, keep copies of the lab results with you for the local health department. Frostings and icings made with oils (such as shortening or lard) and other shelf-stable ingredients, with no water added, and store-bought icings that don't need refrigeration, are allowed without testing.[5]
Can I set up a table outside a store to sell my baked goods?
No. Bake sales are allowed only as part of a fundraising event. Selling for your own profit in front of a shop or your apartment building is not allowed.[5]
Can I give out free samples?
Yes, if the food is allowed as a cottage food. Cut and package the samples at home, for example in sample cups with lids. Each sample does not need its own label, but the packaged products on display must be fully labeled.[4]
Is honey a cottage food?
No. Plain honey, including creamed honey, is treated as a raw farm product, not a cottage food. Flavored honey and maple syrup need a food processing license.[5]
Sources
- Health-General Article § 21-330.1: Cottage food businesses, Maryland General Assembly. Checked October 25, 2026.
- Health-General Article § 21-301: Definitions (cottage food business, cottage food product), Maryland General Assembly. Checked October 25, 2026.
- COMAR 10.15.03.27: Farmer's Market, Bake Sales, and Cottage Food Business, Maryland Division of State Documents. Checked October 25, 2026.
- Guidelines for Cottage Food Businesses (last updated 11/2025), Maryland Department of Health, Office of Food Protection. Checked October 25, 2026.
- Cottage Food Frequently Asked Questions (last updated 11/2025), Maryland Department of Health, Office of Food Protection. Checked October 25, 2026.
- Maryland Cottage Food Businesses, Maryland Department of Health, Office of Food Protection. Checked October 25, 2026.
Related
- Cottage Food Laws in Delaware
- Cottage Food Laws in Pennsylvania
- Cottage Food Laws in Virginia
- Cottage Food Laws in West Virginia
- Cottage Food Laws by State
This page is general information, not legal advice. Rules and fees change. Before you apply or start selling, confirm the details with Maryland Department of Health (MDH), Office of Food Protection or your local health department. Spotted something wrong or out of date?Report it and we will check it.