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)
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.
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
ANSI-accredited food safety course approved by MDH (retail store sales only)
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.
Home and Hearth Baker