You can sell food from home in Maryland without a state food license as long as the product is shelf-stable, your annual revenue stays at or below $50,000, and every sale takes place inside Maryland. The state calls this a cottage food business, and the exemption from the retail food service facility license is written into law.1Maryland Department of Health. Guidelines for Cottage Food Businesses The catch is that “no state license” doesn’t mean “no paperwork.” Labels have to be right, your county may add rules on top, and a few product categories are off-limits no matter how good your recipe is.
What Counts as a Cottage Food Business
Maryland defines a cottage food business as one that produces or packages food in a residential kitchen and keeps annual revenue from those products at or below $50,000.1Maryland Department of Health. Guidelines for Cottage Food Businesses Cross that threshold and you have to move into a licensed commercial kitchen and take on the full food safety inspection regime.
A bill introduced in the 2026 legislative session, HB 535, would raise the cap to $100,000, with an effective date of October 1, 2026 if it passes. As of early 2026 it is still moving through the Senate.2Maryland General Assembly. Legislation – HB0535 Until then, $50,000 is the ceiling.
Foods You Can Sell
Maryland restricts cottage food sales to items that stay safe at room temperature. The Department of Health’s allowable-foods list covers:3Maryland Department of Health. MDH Cottage Food Businesses – Allowable Foods
- Breads, rolls, biscuits, cookies, brownies, and cakes or cupcakes without perishable icing or fillings
- Caramels, chocolates, and other non-perishable candies
- Jams, jellies, and fruit butters that comply with federal standards of identity
- Granola, cereals, dry baking mixes, roasted coffee beans, dried herbs, and popcorn
If the food has to stay cold to be safe, it almost certainly doesn’t qualify.
Foods You Cannot Sell
Anything that needs temperature control to prevent foodborne illness is prohibited, along with several canned categories that require verified processing:4Maryland Department of Health. Cottage Food Businesses – Foods Not Allowed
- Meat and poultry in any form, including jerky and meat pies
- Fish and shellfish products of any kind
- Foods containing cooked or fresh-cut vegetables, and garlic-in-oil mixtures
- Pickles, salsa, pepper jelly, pumpkin butter, and other acidified or pickled items
- Cheesecakes, custard pies, meringue pies, cream-filled pastries, and baked goods with perishable icing or filling
The acidified foods rule catches a lot of home canners. Salsa and pickles have to be processed in a licensed facility with verified pH controls, so selling them out of a home kitchen violates state law regardless of how the recipe has held up at family cookouts.5Maryland Department of Health. Guidelines for Cottage Food Businesses
Where You Can Sell
Every sale has to happen within Maryland. Interstate sales are explicitly prohibited.6Maryland Department of Health. Guidelines for Cottage Food Businesses Inside the state, you have several options:
- Farm-stand style sales or pre-arranged pickups from your home
- Farmers’ markets and public events
- Personal delivery or mail to Maryland consumers
- Online orders through a website or social media, delivered to a Maryland address7Frederick County Health Department. Cottage Food Business
The interstate ban trips up online sellers constantly. If an order comes in from Virginia or Delaware, you can’t legally fill it.
Selling to Retail Stores
Cottage food businesses can also sell to grocery stores, convenience stores, retail bakeries, and food cooperatives, but there’s a gate. Before any retail sale, you have to send your product label and proof of an approved food safety course completed within the past three years to the Maryland Department of Health, and wait for written confirmation that you meet the requirements. Retail labels also have to include your phone number, email address, and the date the product was made.1Maryland Department of Health. Guidelines for Cottage Food Businesses
What the Label Has to Say
Every product must be prepackaged and carry a label with all of the following:8Maryland Department of Health. Cottage Food Business Labeling Guide
- Your business name and physical address. P.O. boxes don’t count. You can request a unique ID number from the Department of Health and use that instead of your home address, but then the label must show your phone number.
- The common name of the food.
- A complete ingredient list in descending order by weight, including sub-ingredients.
- Net weight or volume.
- A clear allergen statement covering any of the nine major allergens present.
- The disclaimer “Made by a cottage food business that is not subject to Maryland’s food safety regulations,” in at least 10-point type and a color that contrasts with the background.
The nine federally recognized major allergens are milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans, and sesame.9Food and Drug Administration. Food Allergies Sesame was added in 2023, so older label templates often miss it. If your granola has sesame seeds or your bread uses sesame oil, flag it.
You do not need a full nutrition facts panel. Federal rules exempt businesses with fewer than 100 employees selling fewer than 100,000 units of a product in a 12-month period, and every cottage food operation sits well inside those numbers.10Food and Drug Administration. Small Business Nutrition Labeling Exemption
County Rules Can Add More
State permission is only half the picture. Your county or municipality can impose its own registration requirements, restrict or prohibit commercial activity in residential zones, or add rules for local farmers’ markets. The Department of Health’s FAQ says so plainly.11Maryland Department of Health. Cottage Food Frequently Asked Questions
Before you buy supplies or take orders, call both your local health department and your local zoning office.1Maryland Department of Health. Guidelines for Cottage Food Businesses If you’re in an HOA community, read the covenants too. HOA restrictions on home businesses are common and are enforced separately from state law.
Food Safety Training
If you’re selling directly to consumers, Maryland does not require any food safety certification. Front-porch pickups and farmers’ market booths are open to you without a course.
Retail store sales are different. You need a basic food safety course approved by both the Department of Health and the American National Standards Institute, completed within the past three years, covering food safety fundamentals, cleaning and sanitizing, personal hygiene, pest control, and food handling.6Maryland Department of Health. Guidelines for Cottage Food Businesses Even if you only plan on direct sales, a course is worth taking. A batch of improperly stored cookies that makes someone sick is a liability problem whether or not the state made you sit through a class.
Liability
Maryland does not require product liability insurance for cottage food businesses. The required label disclaimer, though, tells customers what it also tells a plaintiff’s attorney: no one inspected your kitchen. If someone claims your product made them sick, you’re personally exposed.
Product liability policies for small food businesses generally start around $25 to $35 a month depending on sales volume and product type. Some farmers’ markets require proof of insurance before letting you set up, so check the vendor rules before assuming it’s optional. Standard homeowner’s and renter’s policies almost never cover product liability claims from a home business, so a standalone food liability policy is the practical fix.