Other Food Sales
The 2021 Legislature passed Senate Bill 199, which is also known as "Montana Food Freedom" or the "Montana Local Food Choice Act". This allows for the sale of certain homemade food products. You can read the full bill, or review the information below for an explanation of this bill and products that may be sold.
What CAN I do under SB199?
- Make and sell certain homemade food products from your domestic kitchen-this includes but is not limited to baked goods, canned and pickled goods, perishable goods, freeze dried goods
- Sell these products at a traditional community event, such as a farmer's market, vendor show, or other event
- Sell these products from your private residence
- Make sales directly to an informed end consumer in the state of Montana
What CAN'T I do?
- Sell outside the state of Montana
- Sell from a store front, or through a licensed store or restaurant
- Sell meat or any products containing meat
- Prepare products for sale outside of your domestic kitchen
- Sell products containing alcohol or marijuana, or other dietary supplements
- Prepare products that I have brought from home at an event
What SHOULD I do?
- Label products with your name, phone number, and an informed end consumer statement
- Maintain liability insurance for your operation
- Include common allergens on your label
- Ensure you are following best practices for food production, storage and sanitation
Can I sell meat products, like tamales, made at home under SB199?
The sale of meat and products containing meat, including tamales, is strictly prohibited by Federal law. The only exemption for meat sales is home-raised poultry in annual quantities of less than 1000 birds.
Can I make my products out of a kitchen outside of my domestic kitchen?
No, your products must be made in your domestic kitchen (this is the singular kitchen in the home in which you regularly reside, where you prepare food for yourself and your family).
Why should I label my products?
First, labeling your products with your name and contact information lets your consumer know where they can get more of your delicious goods. Second, labeling your products assists us in contacting you should someone claim they became ill as a result of consuming your goods. Besides, it's just good business!
Is this an exhaustive description of SB199 products and procedures?
No, this list is not exhaustive. We encourage you to read the full bill.
What qualifies as "informing the end consumer"?
SB199 requires that you sell to an informed end consumer. While you are free to determine how you will best accomplish this, the consumer must know that the homemade food products have not been licensed, permitted, certified, packaged, labeled, or inspected under any official regulations. This could be easily included on a product label.
Will I be financially liable if someone gets sick from my products?
Yes, you will be held personally and financially responsible for illness caused by your products. Maintaining liability insurance for your operation is a good idea.
Can I sell to people from North Dakota?
Your sales must be made in the state of Montana. Out-of-staters must meet you in Montana to make their purchase. Making sales across state lines is a breech of Federal law.
Can people living in North Dakota sell their homemade products in Montana?
No, SB199 applies only to homemade food products made within the bounds of Montana. To purchase products made under the Cottage Law in North Dakota, you must meet the producer in North Dakota. Making sales across state lines is a breech of Federal law.
Can I sell online and ship my products?
You must make personal sales. You cannot sell online and you cannot ship products. Making sales across state lines is a breech of Federal law.
Can the Health Department provide documentation certifying that my operation is in compliance?
The Health Department is prohibited from developing any additional regulations relating to these products. There is no certification or other documentation available.
Can I get a Retail Food License for my home kitchen?
Your domestic kitchen is not eligible to receive a Retail Food License.
Do I need a cottage food license to sell SB199 products?
You do not need a cottage food license to sell SB199 products.
There are a number of considerations in selling unregulated products. Visit the Value-Added Producer Support program through AERO Montana for important information and helpful trainings.
Great Northern Development Corp and the Food and Ag Development Center also has resources for small producers.
To be added to the email list for trainings and other helpful resources for Food Freedom producers, contact Stephanie Ler at [email protected]
Farmer's Market
The Richland County Farmer's Market will be located at the Richland County Courthouse. Contact the Richland County Extension Office for more information about starting dates and times.
Participants interested in selling food products must register with the Sanitarian prior to setup. Review the information below and complete the application (Google form). You may also print a hard copy and return the application to the Richland County Sanitarian for approval.
The Richland County Farmer's Market is managed by Richland County Extension and regulated by the Richland County Sanitarian.
For questions about selling food products, contact Stephanie Ler at 433-2207. For questions about the market, contact Richland County Extension at 433-1206.
General Requirements
Foods sold at the farmers’ market may not be processed at the market. Products must arrive at the market packaged and ready to sell.
Packaging must contain the name and telephone number of the producer, unless the items are raw, unprocessed agricultural products such as fresh fruits and vegetables.
Producers must inform the buyer that the product is not licensed, permitted, certified, packaged, labeled or inspected per any official regulations. This is often accomplished through a label on the package or a sign on the table.
Perishable items such as pumpkin pies and other products containing milk, cream and other perishable dairy products must be sold under refrigeration at less than 41ºF.
Foods sold at the farmers’ market may include but are not limited to:
Items that are prohibited from sale at Farmer’s Markets
Updated 4-8-25
Participants interested in selling food products must register with the Sanitarian prior to setup. Review the information below and complete the application (Google form). You may also print a hard copy and return the application to the Richland County Sanitarian for approval.
The Richland County Farmer's Market is managed by Richland County Extension and regulated by the Richland County Sanitarian.
For questions about selling food products, contact Stephanie Ler at 433-2207. For questions about the market, contact Richland County Extension at 433-1206.
General Requirements
Foods sold at the farmers’ market may not be processed at the market. Products must arrive at the market packaged and ready to sell.
Packaging must contain the name and telephone number of the producer, unless the items are raw, unprocessed agricultural products such as fresh fruits and vegetables.
Producers must inform the buyer that the product is not licensed, permitted, certified, packaged, labeled or inspected per any official regulations. This is often accomplished through a label on the package or a sign on the table.
Perishable items such as pumpkin pies and other products containing milk, cream and other perishable dairy products must be sold under refrigeration at less than 41ºF.
Foods sold at the farmers’ market may include but are not limited to:
- Baked goods, such as breads, pastries, cookies, and pies
- Cereals, trail mixes, granola, snack mixes
- Dried products, including freeze-dried products *see note on meat products
- Jams, jellies and fruit butters
- Canned fruits and vegetables, including pickles
- Dried herbs and seasonings
- Honey
- Whole shell eggs that are clean, free of cracks, and stored in clean cartons at <45ºF.
Items that are prohibited from sale at Farmer’s Markets
- *Meat, poultry, fish and products containing meat, poultry and fish, including jerky
- Alcohol infused products, such as rum-filled candies
- Food products containing marijuana, THC, or CBD
Updated 4-8-25