Gaithersburg vs Rockville
How do cottage food operations rules compare between Gaithersburg, MD and Rockville, MD?
Gaithersburg and Rockville have similar restriction levels.
Gaithersburg, MD
Montgomery County
Maryland Health-General Article 21-330 (the Cottage Food Law) allows Gaithersburg residents to prepare and sell certain homemade non-potentially hazardous foods directly to consumers from their home kitchen without obtaining a commercial kitchen license, health department inspection, or food facility permit. Annual gross sales are capped at $25,000. Only shelf-stable, non-potentially hazardous foods are permitted, including baked goods without cream-based fillings or frostings, candies, jams, jellies, fruit butters, dry herbs and spice blends, dry baking mixes, popcorn, granola, nut butters, and similar items that do not require refrigeration for food safety. All products must carry a label including the producer's name and home address, complete ingredients list, allergen warnings per FDA requirements, net weight or volume, and the mandatory statement that the product was made in a home kitchen not inspected by the State of Maryland. Sales must be direct to the end consumer at venues such as farmers markets, roadside stands, community events, and from the home itself. Wholesale distribution to retail stores, restaurants, or online shipping is not permitted under the cottage food exemption.
View full Gaithersburg rules →Rockville, MD
Montgomery County
Maryland Health-General 21-330.1 exempts cottage food businesses from state food establishment licensing if annual revenues do not exceed $50,000 and only non-potentially hazardous foods are sold. Rockville does not impose additional local restrictions beyond the state cottage food law, though operators must comply with Montgomery County health department requirements.
View full Rockville rules →Key Facts Comparison
| Fact | Gaithersburg | Rockville |
|---|---|---|
| State Law | MD Health-General Article 21-330 | MD Health-General 21-330.1 |
| Sales Cap | $25,000/year gross | - |
| Allowed Foods | Shelf-stable only: baked goods, jams, candies, dry mixes | - |
| Labeling | Name, address, ingredients, allergens, disclaimer required | Must include cottage food disclaimer in 10pt+ type |
| Sales Method | Direct-to-consumer only (no wholesale or shipping) | - |
| Revenue Limit | - | $50,000 per year |
| Products | - | Non-potentially hazardous foods only |
| License Required | - | No (exempt under state law) |
Highlighted rows indicate differences between cities.
Gaithersburg FAQ
Can I sell homemade baked goods from my home in Gaithersburg?
Yes. Under Maryland Health-General Article 21-330, you can sell non-potentially hazardous baked goods (bread, cookies, brownies, fruit pies, cakes without cream-based frosting) directly to consumers from your home kitchen without a commercial license. Annual sales are capped at $25,000, and proper labeling including allergen declarations is required.
Do I need a health department inspection for cottage food in Gaithersburg?
No. Cottage food operations under the $25,000 threshold are exempt from commercial kitchen licensing and health department inspection. Your home kitchen is not inspected. You must include a label on all products stating: This product was made in a home kitchen that is not inspected by the State of Maryland.
Can I sell cottage food at the Gaithersburg farmers market?
Yes. Direct-to-consumer sales at farmers markets, community events, and roadside stands are permitted under the cottage food law. Each market may have its own vendor application and fee requirements. Wholesale sales to stores or restaurants and online shipping are not covered by the cottage food exemption.
Rockville FAQ
Can I sell baked goods from my home in Rockville?
Yes. Maryland's cottage food law (Health-General 21-330.1) allows you to sell non-potentially hazardous foods like baked goods, candies, and jams from your home kitchen without a food license, as long as annual revenues stay under $50,000 and products are properly labeled.
Where can I sell cottage food products?
You may sell directly to consumers from your home, at farmers markets, at public events, by personal delivery, by mail, or to retail food stores. All products must be prepackaged and labeled with a cottage food disclaimer.
Do I need a business license from Rockville?
You do not need a food establishment license under the state cottage food exemption. However, you must comply with Rockville's home-based business enterprise zoning rules and may need to register your home occupation with Montgomery County.
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