Montana — the rules
Selling Food From Home in Montana: Cottage Food Rules (2026)
Yes — you can legally sell food made in your home kitchen in Montana, under the Montana Local Food Choice Act (SB 199, 2021; MCA Title 50, ch. 49). There is no state sales cap on the books. Here is exactly what that means.
Montana at a glance
| Home food sales | Allowed |
| Program | Montana Local Food Choice Act (SB 199, 2021; MCA Title 50, ch. 49) |
| Annual sales cap | None specified |
| Sales channels | Direct to consumers (see details — many direct-only states still allow online orders with delivery) |
What foods are covered
food freedom / expanded: most homemade foods including perishables, refrigerated foods, and meals; raw milk and dairy from small herds (with periodic testing); poultry under the 1,000-bird exemption; no meat from livestock or wild game; in-state sales only
Permits and registration
No license, permit, certification, labeling, testing, or inspection required under the Act; must sell directly to an 'informed end consumer' (told product is unlicensed/uninspected) for home or traditional-community-event consumption; legacy Cottage Food Operation registration (DPHHS, $40 one-time) still exists as a separate optional pathway for non-PHF foods
Going legal in Montana: the plate-seller checklist
- Read the primary source (linked below) — caps and food lists are specific and they change.
- Label honestly — most programs require your name, address or registration, and a made-in-a-home-kitchen disclosure on packaging.
- Get your free EIN at irs.gov and open a separate account for food money.
- Take payment at order time — prepaid orders with a weekly cutoff are how home sellers stay profitable AND within caps.
- Build the storefront — a menu page, order-ahead with cutoffs, your own business line. Our free guide covers the whole playbook.
Sources and verification
Verified 2026-07 against: mca.legmt.gov · liv.mt.gov · dphhs.mt.gov · forrager.com. Rules change — confirm with the primary source before acting; this guide is information, not legal advice.
Questions people ask
Is it legal to sell food from home in Montana?
Yes — under Montana Local Food Choice Act (SB 199, 2021; MCA Title 50, ch. 49). Allowed foods and channels are specific; check the primary source.
How much can you sell under Montana's cottage food law?
Montana does not specify a state sales cap in the current rules.
Do you need a permit to sell food from home in Montana?
No license, permit, certification, labeling, testing, or inspection required under the Act; must sell directly to an 'informed end consumer' (told product is unlicensed/uninspected) for home or traditional-community-event consumption; legacy Cottage Food Operation registration (D