Cottage Food Law Map › State guides › Montana

Home food business guide · Last reviewed October 2026

Cottage Food Laws in Montana

Montana has no annual sales cap on most home food sales (No cap). No state food permit is required for cottage food, though local requirements may still apply. Some foods that need refrigeration are allowed, with conditions, which is less common. Of the 40 common products in our finder, 31 can be made in a home kitchen in Montana, many with conditions.

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Limited sources. The detailed rules for Montana rely on 2022 state guidance. They may be out of date or incomplete, so confirm with the state agency before relying on them.

Quick facts

Sales cap
No cap
Permit or registration
None (Local Food Choice Act); cottage food registration available
Online & shipping
Direct to informed consumers in Montana; online not addressed
Sell through stores
No stores or restaurants
Refrigerated & TCS foods
Yes under the Local Food Choice Act, sold directly

Quick facts are summarized from 50-state trackers (Ardent Seller, reviewed October 1, 2026, cross-checked with PermitDeck and Food Business Pros). Where the details below differ, follow the state sources listed at the bottom of this page and confirm with the agency.

Check a product in the interactive mapPrint a one-page handout

Montana ranks 13th of 51 in our Cottage Food State Rankings, with a score of 69 out of 100.

To see how many items you can sell before the cap, try the pricing and sales cap calculator. When you're ready to grow, read Outgrowing cottage food.

What can you make at home in Montana?

How 40 common products are treated in Montana, with the condition or reason for each. Items marked "general rule" weren't specifically addressed in the state's guidance.

Allowed from a home kitchen

Needs a commercial kitchen

Regulated separately

  • Beef jerky. Meat follows Department of Livestock guidance.

Ask the agency first

How to start selling from home

  1. Under the Montana Local Food Choice Act, you can sell homemade food directly to an informed end consumer without licensing, inspection, or labeling.
  2. Sell only in Montana, for home consumption or at traditional community events like farmers markets. Market managers may set their own requirements.
  3. Tell each buyer that the food hasn't been licensed, permitted, certified, packaged, labeled, or inspected.
  4. No health claims. Meat and poultry follow Department of Livestock rules; alcohol and THC products follow their own laws.

Legal paths

Local Food Choice Act

Where
Your home
Sell
Directly to informed consumers in Montana, for home consumption or at community events like farmers markets. No stores, restaurants, or roadside stands.
Sales cap
None
Paperwork
None

Cottage food registration

Where
Your home kitchen
Sell
Shelf-stable foods under local health department registration
Sales cap
None stated
Paperwork
Local health department registration

Commercial kitchen

Where
A licensed commercial kitchen
Sell
Stores, restaurants, and wholesale
Sales cap
None
Paperwork
Retail food or manufacturing license; usually FDA registration

Commercial canning

Where
Licensed commercial facility
Sell
Canned foods sold beyond direct sales
Sales cap
None
Paperwork
Process authority review, FDA scheduled-process filing

Label requirements

The Local Food Choice Act exempts homemade food from labeling, but you must tell each buyer it isn't regulated. No exact wording is set.

Turning a recipe into a product?

Mendocino Food Consulting helps food entrepreneurs with food science, formulation, and process questions. We are food scientists, not attorneys, and we don't provide legal advice.

Sources

Based on: Montana DPHHS Local Food Choice Act guidance (2022). Reviewed October 2026; rules may have changed since.

Other states: Missouri · Nebraska · all 50 states + DC

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