Home And Small Producer Food Laws
Author: Broadwater County Environmental Health Department
Home and Small Producer Food Laws
Broadwater County Environmental Health Department
Springtime in Montana is approaching rapidly with Summer on its heels. Soon, the summertime traditions of farmer’s markets and County fairs will return and provide enjoyment to those weary from the seemingly endless Montana winter.
Community events not only provide enjoyment but also provide an opportunity for local entrepreneurs to sell their products and expand their business opportunities which benefits the local economy.
The Montana Local Food Choice Act (MLFCA), Cottage Food rules, and Farmers’ Market rules allow foods to be made in a home kitchen; however, there are limitations on what types of foods can be produced and where they can be sold.
Interpreting the laws and determining what is allowable can be very complicated. The purpose of the laws is to allow for the sale and consumption of homemade food and food products and to encourage the expansion of agricultural sales by ranches, farms, and home-based producers while providing citizens unimpeded access to healthy food from known sources.
MLFCA allows homemade foods and raw milk from small dairies to be sold directly to an informed end consumer. A direct sale means a face-to-face purchase or exchange between the producer and the consumer. These foods are not licensed, permitted, certified, packaged, labeled or inspected.
They can be sold directly to the consumer or at a traditional community event, at on-farm stores, and through delivery. These products cannot be sold by a third party or any other entity that is not the producer and can only be sold in the state of Montana.
Meat or meat products may not be used in the preparation of the homemade food; however, a producer who slaughters fewer than 1,000 poultry birds a year is exempt.
Cottage Food rules apply to non-potentially hazardous foods produced in a home kitchen. These foods are typically baked goods, dried fruits and herbs, jams and jellies, candies and other foods that don’t require refrigeration.
Similar to MLFCA foods, cottage foods must be sold directly to the consumer and can only be sold within Montana. Providing these products by consignment, including at a retail food establishment or through a wholesale establishment, is prohibited.
Operators are required to register their products and are expected to maintain a clean kitchen and workspace and practice safe food handling techniques. Registration is not required if non-potentially hazardous foods are being sold at farmers’ markets only. The Broadwater County Environmental Health Department can provide guidance on Cottage Food registration.
Farmers' market is defined as a farm premises, a food stand owned and operated by a farmer, or an organized market authorized by the appropriate municipal or county authority (MCA §7-21-3301).
Food sold at farmers’ markets must be non-potentially hazardous, specifically exempted, or approved and licensed as a retail food establishment unless produced pursuant to the MLFCA. A farmer’s market authorized by a municipal or county authority is required to keep registration records of all persons and organizations that serve or sell food exempt from licensure at the market.
Broadwater County Environmental Health Department is happy to answer any questions and assist the public with understanding the regulations. We can be reached at (406) 266-9209 or envhealth@broadwatercountymt.gov.
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