Which laws apply

• Cottage food law

Allowed foods

Allowed: nonpotentially hazardous foods only — baked breads, cookies, pastries without perishable toppings/fillings (pies, turnovers, fruit tarts from fruits with natural pH of 4.6 or less), cakes and cupcakes, hot-filled canned acid fruit jellies/jams/preserves and fruit butters (apple, apricot, grape, peach, plum, prune, quince), nonpotentially hazardous candy, popcorn/kettle corn, granola, repackaged commercial dry ingredients, raw unflavored honey. Borderline items (buttercream icings, banana/pumpkin/zucchini breads, alcohol-added baked goods) may be sold only after lab testing confirms pH ≤ 4.6 or water activity ≤ 0.85. Not allowed: any potentially hazardous food — refrigerated baked goods (cheesecakes, custard/meringue pies, cream pies, pumpkin pies, cream cheese or buttercream icings/fillings), low-acid canned foods, acidified/pickled products (pickles, salsa, pepper jelly, BBQ sauce, mustard, condiments), garlic or vegetables in oil, raw seed sprouts, meat, poultry, fish/shellfish, milk and dairy products, and beverages.

Sales caps

Current cap: $50,000 in annual revenue from cottage food sales (Health-General §21-301(b-1)). Scheduled increase: HB 535 (Ch. 320, 2026), signed by Governor Moore on April 28, 2026, raises the cap to $100,000 effective October 1, 2026.

Permit steps

1. No license or permit is required to operate a cottage food business (Health-General §21-330.1(b)).
2. Confirm products are nonpotentially hazardous per COMAR 10.15.03.27 and MDH's 11/2025 guidelines; lab-test borderline recipes (pH ≤ 4.6 or water activity ≤ 0.85).
3. Optional: request a unique identification number from MDH via the ID and Retail Sales Request Form to use on labels instead of your home address.
4. Before selling to a retail food store, submit to MDH: (1) proof of completing an MDH-approved food safety course in the past 3 years, and (2) the product label for review.
5. Comply with all applicable county and municipal laws and ordinances on food preparation and sales (§21-330.1(e)); home-based sale of prepared meals requires a food license from your local health department.
6. MDH may inspect your kitchen only upon receiving a complaint; you may not refuse entry.

How to start in Maryland

1. Confirm your recipes are nonpotentially hazardous (shelf-stable without refrigeration) — lab-test anything borderline. 2. Check your county/city zoning and ordinances for home-based food sales. 3. Label every product with: business name and address (or MDH-issued ID number plus phone), product name, ingredients in descending order by weight, net weight/volume, allergen info, nutrition info if any health claim is made, and the statement 'Made by a cottage food business that is not subject to Maryland's food safety regulations' in 10-point or larger type with clear contrast. 4. Optional: request a unique ID number from MDH to keep your home address off labels. 5. Sell directly to Maryland consumers from your home, at farmers markets, public events, by personal delivery, or by mail delivery. 6. For retail store/grocery sales: complete an MDH-approved food safety course and submit your label to MDH first. 7. Stay under $50,000 in annual revenue now ($100,000 starting October 1, 2026); keep all sales within Maryland — interstate sales are prohibited.

Recent changes

2026: HB 535 (Ch. 320), signed April 28, 2026, raises the cottage food annual revenue cap from $50,000 to $100,000, effective October 1, 2026. 2026: SB 838 ('home bakeries' bill allowing refrigerated baked goods like cheesecakes and custard pies from home kitchens) received a Senate Finance hearing on February 25, 2026 but never advanced — died in committee; MDH and county health officers opposed it. 2025: SB 701 (similar refrigerated-baked-goods expansion) heard in Senate Finance on February 28, 2025 and died in committee. 2024–2025: MDH adopted emergency regulation COMAR 10.15.03.27 clarifying that label contact info (phone/email, for retail sales) must enable MDH to reach the business within 24 hours (phone) / 48 hours (email); designees may be used (accommodates Amish/Mennonite producers). No MEHKO/microenterprise home kitchen program exists in Maryland; MDH maintains that prepared foods made at home require local health department retail licensing.

Official sources

• MD Health-General Article §21-330.1 (Cottage Food Businesses) — mgaleg.maryland.gov
• HB 535 (Ch. 320, 2026) — cap raised to $100,000 eff. 10/1/2026 — mgaleg.maryland.gov
• MDH Guidelines for Cottage Food Businesses (updated 11/2025) — health.maryland.gov