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  1. Vendor Guides
  2. Maryland Cottage Food

Maryland Cottage Food Laws (2026): Selling Homemade Food Legally

This is general information, not legal or tax advice. Permit and tax rules change, and your situation may differ. Always confirm current requirements with the official state agency linked in this guide, and consult a licensed attorney or tax professional for advice about your specific business.Last verified against official state sources: 2026-06-12

Quick answer

Law / program
Maryland Cottage Food Business law (Health-General Title 21; COMAR 10.15.03.27)
Regulated by
Maryland Department of Health (MDH), Office of Food Protection
Annual sales cap
$50,000 in annual gross revenue (raised from $25,000 in 2022; a pending 2026 bill, HB 535, proposes $100,000)
Official details
State cottage food page

Do you need a license to sell homemade food in Maryland?

No license, registration, or fee for direct-to-consumer sales. Two exceptions: selling to Maryland retail food stores requires submitting your label and proof of food safety training to MDH for written approval first (free but mandatory), and you can optionally request a free MDH unique ID number to use on labels instead of your home address.

None for direct sales. Selling to retail stores requires an MDH/ANSI-approved basic food safety course completed within the past 3 years.

What foods are allowed

Non-perishable baked goods (breads, sourdough, cookies, cakes without perishable icings), fruit pies and turnovers, hot-filled jams and jellies from naturally acidic fruits, hard candies and brittles, chocolate-covered pretzels and nuts with commercial chocolate, whole roasted coffee beans, kettle corn, snack mixes, and repackaged commercial spice and tea blends. Borderline items can qualify with lab testing. Note: honey is NOT on Maryland's cottage list; beekeepers fall under separate on-farm rules.

Anything perishable: buttercream and cream cheese icings, cheesecakes, pumpkin and meringue pies, macarons, all pickled and fermented products, sauces and condiments, all beverages, dairy, meat and jerky, nut butters, raw cookie dough, soft candies like homemade fudge and caramels, ground or flavored coffee, syrups and extracts, sugar-free jams, dehydrated produce and herbs, and freeze-dried products.

Where you can sell and how much

Only within Maryland: from home, farmers markets, public events and bake sales, personal delivery, and mail delivery inside the state. Since 2019 you can also sell to Maryland retail food stores (grocery, convenience, retail bakeries, co-ops) after MDH approval. Interstate sales and nationwide shipping are prohibited, and restaurant/wholesale sales require a licensed facility.

Annual sales cap: $50,000 in annual gross revenue (raised from $25,000 in 2022; a pending 2026 bill, HB 535, proposes $100,000).

Labeling requirements

Prepackaged at home with an English label: business name and address (or MDH ID number plus phone), product name, ingredients with sub-ingredients by weight, net quantity, federal allergen info, and in 10-point or larger contrasting type: 'Made by a cottage food business that is not subject to Maryland's food safety regulations.' Retail store products add phone, email, and date made.

Sales tax and local rules

Maryland's 6 percent sales tax does not apply to grocery-type food sold for home consumption, so breads, cookies, and jams are generally exempt, but the Comptroller treats candy and confectionery as not food, so candy and chocolate makers must register and collect 6 percent.

Cottage businesses must comply with county and municipal rules on preparation and sale; MDH says to contact local zoning and the local health department before markets and events, and several county health departments publish their own cottage guidance.

No license to revoke, but operators must grant health department access for inspections and sample collection; selling prohibited foods, exceeding the cap, or shipping out of state makes you an unlicensed food establishment subject to misdemeanor penalties.

Selling non-food crafts too? See the Maryland craft fair permit and sales tax guide.

Maryland cottage food FAQ

Can I sell homemade food in Maryland?

Yes, under Maryland Cottage Food Business law (Health-General Title 21; COMAR 10.15.03.27). No license, registration, or fee for direct-to-consumer sales. Two exceptions: selling to Maryland retail food stores requires submitting your label and proof of food safety training to MDH for written approval first (free but mandatory), and you can optionally request a free MDH unique ID number to use on labels instead of your home address.

What foods can I sell under Maryland's cottage food law?

Non-perishable baked goods (breads, sourdough, cookies, cakes without perishable icings), fruit pies and turnovers, hot-filled jams and jellies from naturally acidic fruits, hard candies and brittles, chocolate-covered pretzels and nuts with commercial chocolate, whole roasted coffee beans, kettle corn, snack mixes, and repackaged commercial spice and tea blends. Borderline items can qualify with lab testing. Note: honey is NOT on Maryland's cottage list; beekeepers fall under separate on-farm rules. Anything perishable: buttercream and cream cheese icings, cheesecakes, pumpkin and meringue pies, macarons, all pickled and fermented products, sauces and condiments, all beverages, dairy, meat and jerky, nut butters, raw cookie dough, soft candies like homemade fudge and caramels, ground or flavored coffee, syrups and extracts, sugar-free jams, dehydrated produce and herbs, and freeze-dried products.

Is there a sales limit for cottage food in Maryland?

Yes: $50,000 in annual gross revenue (raised from $25,000 in 2022; a pending 2026 bill, HB 535, proposes $100,000).

Where can I sell cottage food in Maryland?

Only within Maryland: from home, farmers markets, public events and bake sales, personal delivery, and mail delivery inside the state. Since 2019 you can also sell to Maryland retail food stores (grocery, convenience, retail bakeries, co-ops) after MDH approval. Interstate sales and nationwide shipping are prohibited, and restaurant/wholesale sales require a licensed facility.

What has to be on my label in Maryland?

Prepackaged at home with an English label: business name and address (or MDH ID number plus phone), product name, ingredients with sub-ingredients by weight, net quantity, federal allergen info, and in 10-point or larger contrasting type: 'Made by a cottage food business that is not subject to Maryland's food safety regulations.' Retail store products add phone, email, and date made.

Do I charge sales tax on cottage food in Maryland?

Maryland's 6 percent sales tax does not apply to grocery-type food sold for home consumption, so breads, cookies, and jams are generally exempt, but the Comptroller treats candy and confectionery as not food, so candy and chocolate makers must register and collect 6 percent.

Find places to sell in Maryland

Browse upcoming craft fairs and markets in Maryland with booth fees and application deadlines, and use the booth ROI calculator to plan a profitable season.

Official sources

  • MDH Maryland Cottage Food Businesses
  • MDH Guidelines for Cottage Food Businesses (Nov 2025)
  • COMAR 10.15.03.27, Farmer's Market, Bake Sales, and Cottage Food Business
  • Comptroller of Maryland, Business Tax Tip #5, Sales of Food
  • MD General Assembly, HB 178 (2022), Revenue Cap Increase

Last verified: 2026-06-12. Spotted something out of date? Let us know.

Cottage food laws in other states

ArizonaCaliforniaColoradoFloridaGeorgiaIllinoisIndianaKentuckyMassachusettsMichiganMinnesotaMissouriNew JerseyNew YorkNorth CarolinaOhioPennsylvaniaSouth CarolinaTennesseeTexasVirginiaWashingtonWisconsin