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Maryland cottage food law

Selling home-baked goods in Maryland

How home bakers in Maryland can sell what they make: the sales limit, permits, training, where you can sell and the statement your labels must carry. Maryland has 2 ways to operate; each is shown below.

At a glance: Cottage food business

Sales limit
Up to $100,000 a year in sales.
License or permit
No license or registration to sell directly to consumers. A unique ID number is optional, on request.
Food safety training
Only to sell to retail food stores: a basic food safety course approved by MDH and accredited by ANSI, completed within the past 3 years, covering food safety, cleaning and sanitizing, personal hygiene, pest control, and receiving…
Online orders
Online sales allowed only to buyers in Maryland: 'You may advertise your cottage food products online but sales are restricted to Maryland only.'.
Label statement
“Made by a cottage food business that is not subject to Maryland’s food safety regulations.”

Maryland also has 1 other way to sell, shown below.

About this information. Maryland’s rules are summarized from the latest publicly available state laws, regulations and agency guidance, last checked November 3, 2026. Laws change, and county and city health departments may have their own requirements. This is not legal advice. Before you sell, confirm the rules with your state or local health department.

Cottage food business

Md. Code, Health-General 21-301(b-1), (b-2), 21-330.1; COMAR 10.15.03.27 · HB 399 / SB 550 (2012, Ch. 256); amended SB 290 (2019, retail food stores); HB 178 (2022, Ch. 406, cap $25,000 to $50,000, eff. 2022-10-01); HB 535 (2026, Ch. 320, cap $50,000 to $100,000, eff. 2026-10-01)

Yearly sales limit
$100,000
Annual revenues from the sale of cottage food products may not exceed $100,000 (Health-General 21-301(b-1)(3) as amended by HB 535, Ch. 320 of 2026, effective 2026-10-01). Before 2026-10-01 the cap was $50,000; MDH guidance (11/2025) still shows $50,000. No inflation adjustment.
Permit or registration
No license or registration to sell directly to consumers (Health-General 21-330.1(b)). A unique ID number is optional, on request. Selling to retail food stores needs MDH review and written approval first (21-330.1(g); COMAR 10.15.03.27C(6)-(7)).
Optional unique ID number; MDH approval for retail food store sales
Maryland Department of Health, Office of Food Protection
Fee: No fee for review (MDH guidance 11/2025)
Official page
Food safety training
Only to sell to retail food stores: a basic food safety course approved by MDH and accredited by ANSI, completed within the past 3 years, covering food safety, cleaning and sanitizing, personal hygiene, pest control, and receiving, storing, preparing and serving food (21-330.1(g); COMAR 10.15.03.27C(6); MDH)
ANSI-accredited food safety course approved by MDH (retail store sales only)
Where you make it
A residential kitchen in Maryland (Health-General 21-301(b-1); COMAR 10.15.03.27A(1), C(1)(a): 'private home kitchen' / 'residential kitchen'). Products must be stored on the premises of the cottage food business (21-330.1(c)(1)). Rules on pets or primary residence: not addressed.
Selling in person
Allowed in Maryland: directly to consumers from the residence, at farmers markets, at public events (Health-General 21-301(b-2)); COMAR 10.15.03.27A(2) also lists bake sales. MDH: bake sales only as part of a fundraising event; setting up to sell for your own profit (e.g. in front of a shop or apartment building) is not allowed (MDH FAQ Q43). Contact the local health department before selling at markets or events (MDH).
Phone and online orders
Online sales allowed only to buyers in Maryland: 'You may advertise your cottage food products online but sales are restricted to Maryland only.' (MDH FAQ Q39, 11/2025). The statute and COMAR do not mention online or phone orders; phone orders are not addressed.
Delivery and shipping
Allowed in Maryland: 'by personal delivery' (Health-General 21-301(b-2))
Selling out of state
No
Stores and wholesale
Allowed to licensed Maryland retail food stores (grocery stores, convenience stores, retail markets, retail bakeries, food cooperatives) only after submitting the label and food safety course proof to MDH (21-330.1(g)) and getting MDH's written approval, a 'compliance letter' (COMAR 10.15.03.27C(6)-(7); MDH FAQ Q4, Q41). Not to restaurants, coffee shops, cafeterias, or other food service places (MDH).

Examples you can sell

Nonhazardous / non-potentially hazardous foods only (Health-General 21-301(b-2); COMAR 10.15.03.27B): acid fruit jams, jellies, preserves and butters from listed fruits, non-potentially hazardous baked goods, non-potentially hazardous candy

  • Breads, biscuits, bagels, brownies, cookies, muffins, pastries, tortillas, granola bars (MDH guidance, App. A)
  • Cakes and cupcakes without perishable icings or fillings (MDH)
  • Fruit pies and turnovers made from allowed fruits (MDH)
  • Hot-filled jams, jellies, preserves, fruit butters from fruits with natural pH 4.6 or below (COMAR 10.15.03.27B(1)-(3); MDH)
  • Fruit leathers (MDH)
  • Hard candy, brittles, gummy candy, lollipops, toffee, marshmallows with non-potentially hazardous ingredients (MDH)
  • Chocolate-covered items with fillings from commercial, non-potentially hazardous sources (MDH)
  • Whole roasted unflavored coffee beans (MDH)
  • Repackaged seasoning, spice, and tea blends (MDH)
  • Popcorn, kettle corn, nuts, cereal, granola, trail mixes (MDH)

Not allowed

  • Potentially hazardous foods (need time/temperature control)
  • Perishable baked goods: cheesecakes, cream or custard pies, meringue items, pumpkin and sweet potato pies, macarons, waffles (MDH, App. B)
  • Baked goods with perishable icings or fillings such as buttercream, cream cheese, royal icing (MDH)
  • Acidified or pickled foods: salsa, pickles, pepper jelly, barbecue sauce, ketchup, mustard (MDH)
  • Low-acid canned foods; fermented foods such as kimchi, kombucha, sauerkraut (MDH)
  • Dairy products, meat, poultry, fish, shellfish (MDH)
  • Beverages of any kind, including syrups and extracts (MDH)
  • Raw dough, no-bake energy balls, homemade nut or seed butters, raw seed sprouts (MDH)
  • Fresh-cut fruits or vegetables, dehydrated produce, fresh pasta (MDH)
  • Homemade soft candies such as caramels and fudge; sugar-free preserves (MDH)

The statement your labels must carry

Made by a cottage food business that is not subject to Maryland’s food safety regulations.

In type at least 10 point.

On-farm home processing license

COMAR 10.15.04.15 (food processing plant license; on-farm home processing); MDH plan review documents also cite COMAR 10.15.04.18

Yearly sales limit
$40,000
Annual revenue from on-farm processed products under $40,000 (MDH On-Farm Foods and Definitions, 09/2024; MDA/MDH guide 07/2023). Above that an MDH Processing License with a commercial kitchen is needed. 2025 bills to repeal the cap (SB 481/HB 989) were withdrawn.
Permit or registration
Yes
License (food processing plant license for on-farm home processing)
Maryland Department of Health, Office of Food Protection, Center for Facility and Process Review (not MDA)
Fee: $30 a year (MDA/MDH guide 07/2023)
Official page
Food safety training
Only for acidified foods (Better Process School)
Where you make it
A home or domestic kitchen on a farm owned by the license holder; farmers only. Potable water and an approved sewage disposal system; private well water must be tested and the septic system inspected at the plan review inspection (MDH). No commercial kitchen.
Selling in person
Farmers markets and direct sales (MDA/MDH guide); finfish and meat only from the home farm (MDH)
Phone and online orders
Not addressed
Delivery and shipping
Not addressed
Selling out of state
Not addressed
Stores and wholesale
Allowed: restaurants and other retailers for baked goods without potentially hazardous fillings, dried products, and jams/jellies (MDA/MDH guide 07/2023)

Examples you can sell

Non-potentially hazardous foods approved by MDH at plan review (MDH On-Farm Foods and Definitions, 09/2024)

  • Breads and pastries without potentially hazardous toppings or fillings
  • Baked breads, biscuits, cakes, cookies, muffins
  • Pies, turnovers, fruit tarts made from listed fruits
  • Canned fruit, jams, jellies, preserves from listed fruits; fruit butters from apple, apricot, grape, peach, plum, prune, quince
  • Toppings, glazes, icings, fillings that need no temperature control
  • Dried fruits and vegetables
  • Flavored honey
  • Hard candy

Not allowed

  • Pumpkin, custard, sweet potato, or meringue pies (MDH)
  • Cheesecake or bakery items filled or topped with cream, custard, or cheese after baking (MDH)
  • Pastries filled or topped with potentially hazardous foods (MDH)
  • Specialty breads or pastries with vegetables or soft cheeses added before baking (MDH)
  • Low-acid foods that are not acidified; pumpkin, banana, or pear butter (MDH)
  • Foods needing refrigeration, such as fresh salsa and pesto (MDH)
  • Cheese, ice cream, yogurt, apple cider, fruit juice (MDH)
  • Cured or fermented foods; rehydrated spices in oil (MDH)

Common questions about Maryland’s cottage food law

Can I sell baked goods from home in Maryland?

Yes. Maryland lets home bakers sell food made in their own kitchen in 2 ways: Cottage food business; On-farm home processing license. Most baked goods that don’t need refrigeration qualify; see the examples on this page.

Do I need a license or permit to sell baked goods in Maryland?

Cottage food business: No license or registration to sell directly to consumers. A unique ID number is optional, on request. On-farm home processing license: Yes: License (food processing plant license for on-farm home processing) (fee: $30 a year (MDA/MDH guide 07/2023)).

How much can I sell from home in Maryland?

Cottage food business: Up to $100,000 a year in sales. On-farm home processing license: Up to $40,000 a year in sales.

Do I need food safety training in Maryland?

Cottage food business: Only to sell to retail food stores: a basic food safety course approved by MDH and accredited by ANSI, completed within the past 3 years, covering food safety, cleaning and sanitizing, personal hygiene, pest control, and receiving… On-farm home processing license: Only for acidified foods (Better Process School).

Can I sell online or ship my baked goods in Maryland?

Cottage food business: Online and phone orders: Online sales allowed only to buyers in Maryland: 'You may advertise your cottage food products online but sales are restricted to Maryland only.'. Delivery and shipping: Allowed in Maryland: 'by personal delivery'. Selling to other states is not allowed. On-farm home processing license: Online and phone orders: Not addressed. Delivery and shipping: Not addressed.

What must a cottage food label say in Maryland?

Labels must carry this statement: “Made by a cottage food business that is not subject to Maryland’s food safety regulations.”, in type at least 10 point. Most states also require the product name, ingredients in order of weight, allergens, net weight, and your name and address.

Home and Hearth Baker knows Maryland’s rules

The program puts Maryland’s required wording on every label for you, tracks your sales against any yearly limit, and updates for free when the rules change.

Try it free for 30 daysSee what it does

Official sources

  1. Md. Code, Health-General 21-330.1 (MGA statute text, 2026RS)
  2. MGA: HB 535 (2026RS) bill page, Chapter 320
  3. 2026 Laws of Maryland, Chapter 320 (HB 535), enacted text
  4. HB 535 (2026) first reader text
  5. HB 535 (2026) third reader text
  6. HB 535 (2026) Fiscal and Policy Note
  7. MGA: SB 838 (2026RS) Cottage Food Businesses and Home Bakeries
  8. SB 838 (2026) first reader text
  9. MGA: SB 701 (2025RS) Nonpotentially Hazardous Foods and Refrigerated Baked Goods
  10. SB 701 (2025) Fiscal and Policy Note
  11. MGA: SB 481 (2025RS) On-Farm Home Processing License - Revenue Limit (withdrawn)
  12. SB 481 (2025) first reader text

Nearby states

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