Can You Sell Food and Beverage out of Your Home in Montgomery County in Maryland?No, Montgomery County does not allow home-based food sales. According to the county’s Department of Environmental Protection, “The sale of prepackaged food and beverages from a home-based business is not allowed under the current Montgomery County Code.”
What is the Cottage Food Law in Montgomery County in Maryland?The Cottage Food Law in Montgomery County, Maryland allows those who are not operating a traditional food business to produce and sell certain non-potentially hazardous foods from a private home kitchen. Under this law, individuals may produce and sell certain items such as baked goods, jams, jellies, preserves, and popcorn out of their home kitchen without obtaining a food service license. There are restrictions on other types of food products that can be sold; for more information on the specific regulations please visit the Montgomery County Department of Health and Human Services website.
What is Required on a Cottage Food Label in Montgomery County in Maryland?Under Montgomery County, Maryland’s cottage food law, all food products must include a label that states the following information:
• Name of the product
• Name and address of the cottage food operation
• Ingredients list (including allergens)
• Net weight/volume
• List of any nutritional claims
• Statement “Made in a Home Kitchen” or “Made in a Cottage Food Operation”
Are Cottage Foods Taxable in Montgomery County in Maryland?Yes, all cottage foods are taxable in Montgomery County, Maryland. Retailers licensed as cottage food producers must collect sales tax from customers and remit the funds to the Maryland Comptroller’s office.
Do You Need to Establish a Business Entity to Sell Cottage Foods in Montgomery County in Maryland?Yes, if you wish to sell cottage food products in Montgomery County, Maryland, you must establish a business entity. This may include registering a trade name, applying for a business license, and obtaining a federal Employer Identification Number (EIN) from the Internal Revenue Service (IRS). You may also need to register with the Maryland Department of Assessments and Taxation, register with the state Department of Agriculture, obtain a food processor permit from the local health department, and obtain any other licenses or permits required by your local municipality.
What Permits do You Need to Sell Food out of Your Home in Montgomery County in Maryland?In Montgomery County, Maryland, you must register your home kitchen with the Montgomery County Department of Health and Human Services (MCDHHS) before you can legally sell food products from your home. In addition to registering your home kitchen, you must also obtain a Home Food Processing License, a Food Service Facility Permit, a Food Safety Certificate, and a Zoning Permit.
To register your home kitchen with MCDHHS, you must complete an application and submit it with a $60 fee. You must also submit a sketch of your kitchen that shows the layout, appliances, and all work surfaces. Once your application is approved, you will be required to attend a food safety class offered by MCDHHS. After completing the class, you must pass an exam to receive the Home Food Processing License.
To obtain a Food Service Facility Permit, you must submit an application and fee to MCDHHS. You will need to provide information about the type of food that you will be selling and any equipment that will be used in food preparation.
To obtain a Food Safety Certificate, you must complete an online training course offered by MCDHHS that covers food safety principles and food preparation techniques. Upon completion of the course, you must pass an exam to receive the certificate.
Lastly, you must obtain a Zoning Permit from the Montgomery County Department of Permitting Services (MCPS) before selling food from your home. The Zoning Permit certifies that your home kitchen meets local zoning regulations for residential areas and is suitable for food production operations.