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?
What CAN'T I do?
What SHOULD I do?
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 law. The only exemption for meat sales is home-raised poultry in annual quantities of less than 1000 birds.
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.
Can I sell online and ship my products?
You must make personal sales. You cannot sell online and you cannot ship products.
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.
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 stephanie.ler@richland.org
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
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 law. The only exemption for meat sales is home-raised poultry in annual quantities of less than 1000 birds.
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.
Can I sell online and ship my products?
You must make personal sales. You cannot sell online and you cannot ship products.
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.
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 stephanie.ler@richland.org
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 Farmer's Market policy (PDF) and complete the application (PDF). 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.
Participants interested in selling food products must register with the Sanitarian prior to setup. Review the Farmer's Market policy (PDF) and complete the application (PDF). 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.