Cottage food is governed by the State, not Baltimore County. Under COMAR 10.15.03.27, a cottage food business may sell non-potentially hazardous homemade foods made in a private home kitchen without a Maryland Department of Health license, but only within Maryland and directly to consumers or retail stores.
Maryland COMAR 10.15.03.27 provides that "a cottage food business may offer for sale the homemade foods specified in §B of this regulation when the foods are: (1) Made in a private home kitchen; and (2) Offered or sold only in the State: (a) ... at a retail food store; or (b) Directly to a consumer: (i) At a farmer's market; (ii) At a bake sale; (iii) At a public event; (iv) By personal delivery; or (v) By mail order." Allowed products are non-potentially hazardous items such as jams, jellies, preserves, fruit butters, baked goods, and candy. A compliant cottage food business is not required to be licensed by the Department, but annual revenue may not exceed $50,000, and products must
Selling potentially hazardous foods, exceeding the revenue cap, mislabeling, or selling outside Maryland removes the cottage-food exemption and can subject the operator to Maryland Department of Health licensing requirements and enforcement.
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