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Evan Knox
Cofounder, Homegrown
Getting Started

Maryland Cottage Food Law (2026): $50K Cap, Online OK

In Maryland, you can sell homemade foods with no license (unless you sell to retail stores), a $50,000 sales cap, and broad sales channels — including online, mail delivery, and even retail stores. Recent laws now allow some refrigerated baked goods like cheesecakes and cream pies. This guide covers exactly what you can sell, how to label it, where you can sell it, and how to start.

The short version: Maryland requires no license or permit for direct sales (registration with the Maryland Department of Health is free and only needed to sell into retail stores). The cap is $50,000/year, and a pending bill (HB 535) would raise it to $100,000 on October 1, 2026. Maryland now allows refrigerated baked goods — cheesecakes, cream pies, custard pies, meringue pies, fresh fruit tarts — under SB 701, on top of the usual shelf-stable foods. You can sell from home, at markets and events, by personal or mail delivery, online, and into retail stores. Every label needs the "exempt from Maryland's food safety regulations" statement.

What Is the Maryland Cottage Food Sales Limit?

The current cap is $50,000 in annual sales. A pending bill (HB 535) would raise it to $100,000 effective October 1, 2026 if enacted — confirm before relying on it.

Maryland ruleDetail
Annual sales cap$50,000 (HB 535 may raise to $100K on Oct 1, 2026)
LicenseNone for direct sales; free MDH registration to sell to retail stores
Allowed foodsNon-TCS + refrigerated baked goods (SB 701: cheesecakes, cream/custard/meringue pies, fruit tarts)
Where you can sellHome, markets, events, personal/mail delivery, online, retail stores
Label statement"made by a cottage food business... exempt from Maryland's food safety regulations"

Do You Need a License to Sell Food From Home in Maryland?

No license or permit is required for direct sales. If you want to sell to retail food stores, you must register with the Maryland Department of Health — but registration is free and simple. That makes Maryland low-friction for most home sellers, with an easy upgrade path if you want to reach store shelves.

What Foods Can You Sell Under Maryland Cottage Food Law?

Maryland allows non-potentially-hazardous foods, and — thanks to SB 701 — now also permits certain refrigerated baked goods. Commonly sold items include:

  • Breads, cookies, cakes, and pastries
  • Jams, jellies, and preserves
  • Candies, granola, and dry mixes
  • Refrigerated baked goods (SB 701) — cheesecakes, cream pies, custard pies, meringue pies, and fresh fruit tarts

Other refrigerated/TCS foods (meat, dairy beverages, etc.) remain outside the law. Confirm specifics with University of Maryland Extension or the Maryland Department of Health.

How Do You Start Selling Cottage Food in Maryland? (Step by Step)

  1. Confirm your product qualifies — non-TCS foods, or the SB 701 refrigerated baked goods.
  2. Register only if selling to retail — free MDH registration is needed for store sales, not for direct sales.
  3. Set up safe production — especially important for the refrigerated baked goods now allowed.
  4. Label every product — include the required statement and the elements below.
  5. Choose your channels — home, markets, events, delivery, online, and retail stores within Maryland.
  6. Track the cap — $50,000/year (watch for the potential increase to $100,000).

What Must a Maryland Cottage Food Label Include?

Maryland cottage food products must be prepackaged and labeled with:

  • Your business name and address (or a unique identification number)
  • The product name
  • The ingredients in descending order by weight
  • The net weight/volume
  • Allergen information for major allergens
  • A statement declaring the product was made by a cottage food business exempt from Maryland's food safety regulations

A simple compliant label might read: *"Old Line Cheesecake — [Business / ID], [Address]. Ingredients: cream cheese, sugar, eggs, graham crust (contains wheat, egg, milk). Net wt. 24 oz. Made by a cottage food business exempt from Maryland's food safety regulations."* See our cottage food labeling guide for templates.

Where Can You Sell Cottage Foods in Maryland?

Maryland is generous on channels. You can sell:

  • From your residence
  • At farmers markets and public events
  • By personal delivery or mail delivery
  • Online
  • Directly to retail food stores (with free MDH registration)

All within Maryland.

Because Maryland allows online and mail sales with a high cap, a real storefront helps you take orders and manage pickup/delivery without living in your DMs. Homegrown gives Maryland sellers an online storefront with built-in payments and pickup/delivery scheduling for $10/month at 0% commission — you keep every dollar except standard card processing. Start a free trial and have a Maryland-ready storefront live in about 15 minutes.

How Much Can You Make Selling Cottage Food in Maryland?

The cap is $50,000 (potentially rising to $100,000 in late 2026), and Maryland's broad channels — including retail and the new refrigerated baked goods — give sellers room to grow. Most successful Maryland sellers combine direct sales with a few retail accounts and lean on higher-margin products. A few ways to get the most out of it:

Maryland's free retail registration plus the new SB 701 refrigerated baked goods (cheesecakes, cream pies) give Maryland sellers two growth levers most states lack.

  • Price for margin — with $50K cap, what you keep per item matters more than raw volume, so cost out ingredients, packaging, your time, and card processing before you set a price.
  • Use the SB 701 expansion — cheesecakes and cream pies are high-margin and newly allowed.
  • Add retail accounts — free MDH registration unlocks store shelves alongside direct sales.
  • Turn one-time buyers into regulars — Maryland's best home sellers run weekly pickups, pre-orders, and seasonal boxes so revenue is predictable, not feast-or-famine.
  • Track the cap — and watch for the possible increase to $100,000 on October 1, 2026.

Do You Need Business Insurance or a Tax ID in Maryland?

Cottage food rules cover food safety, not the business side, and the specifics differ by state. For Maryland: Maryland exempts most grocery food but taxes some prepared items; register with the Comptroller of Maryland and confirm whether your products are taxable. A few more steps worth handling before you grow:

  • Local business license — check whether your county or city requires a basic business license or trader's license.
  • Sales tax — Maryland exempts most grocery food but taxes some prepared items; confirm whether your products are taxable and register if needed.
  • Liability insurance — optional but smart once you sell regularly, especially with refrigerated baked goods; a product-liability or home-business policy protects you if a customer ever claims an issue.

None of these are part of the cottage food rules themselves, but handling them early keeps your business clean as it scales.

What Mistakes Should You Avoid Selling Cottage Food in Maryland?

  • Selling to stores without registering — free MDH registration is required for retail sales.
  • Mishandling refrigerated baked goods — SB 701 items need proper cold handling.
  • Exceeding the $50,000 cap — track sales (and watch for the possible $100,000 increase).
  • Selling non-allowed TCS foods — only the SB 701 refrigerated baked goods are covered, not all perishables.
  • Missing the exemption statement — the "exempt from Maryland's food safety regulations" line is required.

What Recently Changed in Maryland's Cottage Food Law?

  • SB 701 — added certain refrigerated baked goods (cheesecakes, cream/custard/meringue pies, fresh fruit tarts) to the allowed list, a meaningful expansion.
  • HB 535 (pending) — would raise the cap from $50,000 to $100,000 effective October 1, 2026 if enacted.

Confirm the current cap and allowed-foods list with the Maryland Department of Health or University of Maryland Extension before relying on the pending changes.

Frequently Asked Questions

What is the Maryland cottage food sales limit?

Currently $50,000 per year. A pending bill (HB 535) would raise it to $100,000 effective October 1, 2026, if enacted.

Do you need a license to sell food from home in Maryland?

No license for direct sales. Free registration with the Maryland Department of Health is required only if you want to sell into retail food stores.

Can you sell cheesecake or cream pie in Maryland?

Yes. SB 701 now allows certain refrigerated baked goods — cheesecakes, cream pies, custard pies, meringue pies, and fresh fruit tarts.

Can you sell cottage food online in Maryland?

Yes. Maryland allows online sales, mail delivery, and personal delivery, plus sales from home, at markets and events, and to retail stores.

What label is required in Maryland?

Your business name and address (or unique ID), product name, ingredients in descending order, net weight, allergens, and a statement that the product was made by a cottage food business exempt from Maryland's food safety regulations.

Can you sell cottage food in stores in Maryland?

Yes. With free Maryland Department of Health registration, you can sell directly to retail food stores in addition to direct-to-consumer channels.

Do you have to register your Maryland cottage food business?

Not for direct sales. Free MDH registration is only required if you want to sell into retail stores. You may still want a local business license for tax purposes.

Start Selling Cottage Food in Maryland

With no license for direct sales, a $50,000 cap (possibly rising), and broad channels including online and retail, Maryland is welcoming to home food sellers. Set up a Homegrown storefront for Maryland cottage food orders with pickup and delivery, then compare the rules in nearby states like Virginia, Pennsylvania, Delaware, and West Virginia, or see the full cottage food laws by state hub.

*This guide is general information, not legal advice. Cottage food rules change — verify current requirements with University of Maryland Extension or the Maryland Department of Health before selling. Last verified: June 2026.*

About the Author

Evan Knox is the cofounder of Homegrown, where he works with hundreds of small food vendors across the country to sell online. He and his Co-founder David built Homegrown after seeing how many local vendors were stuck taking orders through DMs and cash-only sales.

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