Montana cottage food law
Montana cottage food bakers: Sell legally under MCA §50-50-116
Montana's cottage food path under MCA §50-50-116 is a pre-approval regime: no permit, no license, and no revenue cap, but each cottage food product must be pre-registered with the Montana Department of Public Health and Human Services (DPHHS). The state also requires a verbatim home-kitchen disclosure on every label at an unusual 11-point minimum font. CottageOps configures itself for MCA §50-50-116 when you sign up.
What Montana cottage food law actually says
Montana's home-based food framework lives in Montana Code Annotated §50-50-116, the cottage food path administered by DPHHS. The statute is concise: no permit or inspection, no revenue cap on cottage activity, but time/temperature-controlled (TCS) foods are flatly prohibited and each product must be pre-registered with the state before it can be sold.
Note: Montana also has a separate Local Food Choice Act that allows broader products (including TCS items), but it's a different regulatory regime that CottageOps does not yet support. Operators interested in the Local Food Choice Act path should consult DPHHS directly.
Under MCA §50-50-116, Montana cottage food operators can sell shelf-stable baked goods, candy, jams and jellies, dried mixes, and similar non-TCS products direct to consumers — provided each product has been pre-registered with DPHHS and every label carries the mandatory home-kitchen disclosure at the required 11-point minimum.
MCA §50-50-116 at a glance
- Revenue cap
- None — MCA §50-50-116 does not gate cottage activity by revenue
- Where you can sell
- Direct to Montana consumers — farmers markets, festivals, pickup, in-state delivery, online sales to in-state customers
- Where you cannot sell
- Wholesale to grocery stores, restaurants, or institutions; out-of-state shipping
- License required
- No license; product-level pre-registration with DPHHS required for each cottage food item
- Inspection
- Not subject to retail food establishment inspections (mandatory disclosure on label)
- TCS foods
- Not allowed on the cottage path (Local Food Choice Act is a separate regime, not supported by CottageOps in v1.0.9)
- Font requirement
- Disclosure at 11-point minimum, clear contrast, on principal display panel
Label requirements in Montana
MCA §50-50-116 mandates a verbatim disclosure on every cottage food label: “Made in a home kitchen that is not subject to retail food establishment regulations or inspections” — rendered at 11-point minimum font with clear contrast, on the principal display panel. Montana's 11-point requirement is unusual (most states default to 10 or 12); CottageOps's label generator ships at 12-point by default, which exceeds the Montana minimum. Our generated labels also include product name, producer name and address, ingredients, Big-9 allergens, and net quantity.
What CottageOps does for Montana bakers
When you sign up and select Montana as your state, CottageOps configures itself for MCA §50-50-116 specifically:
- 11-point minimum on labels. Our PDF generator renders the home-kitchen disclosure at 12-point by default, exceeding Montana's 11-point minimum on every label.
- Verbatim disclosure on every surface. The MCA §50-50-116 disclosure text is locked in; we render it on storefront listings, order confirmation emails, and labels.
- TCS prohibition warning. If you mark a SKU as containing TCS ingredients (cream filling, custard, fresh dairy), the product setup wizard surfaces a warning that the cottage path doesn't allow TCS items and points you to the separate Local Food Choice Act regulatory regime (which CottageOps doesn't support in v1.0.9).
- Pre-approval disclaimer in your storefront footer. The MCA §50-50-116 product pre-approval requirement is enforced by DPHHS, not by CottageOps. To keep buyers informed, we render a footer note on your storefront stating that listed products have been pre-registered with DPHHS per MCA §50-50-116. You attest to this during onboarding.
Who Montana's law is for
The Montana cottage food baker is typically a Bozeman, Missoula, Billings, or rural-Montana operator selling shelf- stable baked goods, candy, or jam at farmers markets and via in-state pickup. With no revenue cap, no permit, and a simple product-level pre-approval (rather than per-baker licensing), Montana works well for hobbyists scaling toward full-time but who don't need to offer cream-based or refrigerated products.
Watch out for
- Per-product pre-approval is real. MCA §50-50-116 requires each cottage food product to be pre-registered with DPHHS before sale. CottageOps doesn't enforce this gate — you self-attest during onboarding. Make sure you complete the DPHHS registration for each SKU you plan to sell.
- 11-point font is unusual. Most states default to 10 or 12; Montana lands in between. Our 12-point default exceeds the Montana minimum, but if you customise label fonts manually, don't drop the disclosure below 11pt.
- No TCS on the cottage path. If you want to sell cream-based pastries, custards, or fresh-dairy items in Montana, you need the separate Local Food Choice Act path — not the cottage food path — and CottageOps doesn't support that regime in v1.0.9.
- No wholesale, no restaurants. MCA §50-50-116 limits cottage food to direct-to-consumer sales. Wholesale to grocery stores or restaurants requires a commercial kitchen and the appropriate license.
Ready to sell legally in Montana?
CottageOps configures itself for MCA §50-50-116 the moment you sign up. 12-point label disclosure (exceeds 11pt minimum), TCS prohibition warnings, and the DPHHS pre-approval footer disclaimer all included. $19/mo in 2027 — free in 2026. No transaction fees.
Start selling in MontanaMontana cottage food FAQ
Do I need a license to sell cottage food in Montana?
No baker license is required under MCA §50-50-116, but each product must be pre-registered with the Montana Department of Public Health and Human Services (DPHHS). You complete that registration separately; CottageOps tracks the attestation on your storefront footer.
Can I sell cream-based pastries or custards in Montana?
Not on the cottage food path. MCA §50-50-116 prohibits time/temperature-controlled (TCS) items. The separate Local Food Choice Act allows broader products, but CottageOps doesn’t support that regime in v1.0.9.
Is there a revenue cap in Montana?
No statutory cap on cottage activity. Once each of your products is pre-registered with DPHHS, you can sell at any volume direct to consumers.
What does "product pre-approval" mean?
Montana requires you to submit each cottage food product to DPHHS before selling it — typically a recipe disclosure, ingredient list, and self-certification that the product is shelf-stable and non-TCS. CottageOps doesn’t enforce this gate; you complete the pre-registration directly with DPHHS and self-attest during CottageOps onboarding.
Can I sell to a Montana grocery store or restaurant?
No. MCA §50-50-116 limits cottage food to direct-to- consumer sales. Wholesale to grocery stores or restaurants requires a commercial kitchen and the appropriate license.
Does CottageOps handle sales tax for Montana?
Montana has no general statewide sales tax, but specific tourism / resort areas may impose local sales taxes. CottageOps tracks the data; tax filing is on you (or your accountant).
Selling in another state? Read our state-specific guides:
Free in 2026 — no card required.
MCA §50-50-116 compliance, 12-point label disclosure (exceeds 11pt minimum), TCS prohibition warnings, and DPHHS pre-approval footer disclaimer — built in from day one. Cancel anytime; the most-recent month is refundable.
Start selling in MontanaLast verified: 2026-05-20. Research-grade information — not legal advice. Confirm cottage-food requirements with the Montana Department of Public Health and Human Services; consult a Montana licensed attorney for legal questions.