UPDATED 05/15/2019
In 2012, Maryland passed a modified Cottage Law, allowing for citizens to operate a home based bakery or home food processing company. The law was updated in 2018; as of this writing on February 28, 2019, the Code of Maryland Regulations were last updated on January 29, 2019.
An undated memo “Guidance for Cottage Food Businesses” issued by the Maryland Department of Health and Mental Hygiene, Environmental Health Bureau, gives a summary of the main points of these regulations.
It incorrectly states that “COMAR 10.15.03 defines a cottage food … business”. The full citation is Code of Maryland Regulations Sec. 10.15.03.02. Definitions.
The Guidance also is incomplete in saying that cottage food products can be “offered for sale only at a farmer’s market or public event.” This is in conflict with the Maryland Department of Health, Office of Food Protection, information which states that a “cottage food” product is a non-hazardous food offered for sale directly to a consumer from a residence, at a farmer’s market, at public events, by personal delivery, or by mail delivery (not offered for sale through interstate commerce.) Possibly residence, by personal delivery, or by mail delivery was added after the Guidance was written but this cannot be substantiated.
COMAR Sec. 10.15.03.02. Definition (17)-1 talks about residential kitchens with annual revenues not exceeding $25,000. Definition (17)-2-a says sales can only be made at a “farmers market or public event”. Definition (17)-2-b goes on to say that Maryland cottage foods may NOT be “offered for sale through Internet sales or interstate commerce.” There is no mention of sales by other means, neither in the residence, nor by personal delivery, nor by mail.
The only other mention of cottage foods in Sec. 10.15.03.02. is in definition (34)-c-vii that states that a cottage food business is NOT a Food Service Facility.
Yet another discrepancy can be found in the Farmer’s Market, Bake Sales, and Cottage Food section 10.15.03.27 where A(2) says cottage foods may be sold at a “farmer’s market, bake sale, or public event.”
Note that the term “potentially hazardous food” (PHF) was dropped in 2013 from the FDA Food Code, the recommendations upon which other jurisdictions base their food laws and regulations. This term has been replaced with “TCS” foods, those that require time/temperature control for safety. However over 5 years later, the State of Maryland and Montgomery County have yet to adopt this change in terminology.
COMAR Sec. 10.15.03.27 goes into detail saying that cottage foods can be:
- Non-potentially hazardous hot-filled canned acid fruit jellies, jams, preserves, and butters,
- Fruit butters,
- Jam, preserve, or jelly,
- Non-potentially hazardous baked goods,
- Foods manufactured on a farm,
- Non-potentially hazardous candy, and
- All other non-potentially hazardous foods produced by a licensed entity.
Natural Honey (Unflavored and without any processing or additives) is cited as allowable by the University of Maryland Extension. However, flavored honey requires a processing permit. There is no mention of honey in Sec. 10.15.03.27.
Allergen information must be as specified by federal labeling requirements; “Major food allergen” includes: milk, egg, fish (bass, flounder, or cod), crustacean (crab, lobster, or shrimp), tree nuts (almonds, pecans, or walnuts), wheat, peanuts, and soybeans.
Sec. 10.15.03.27 C-(1)-c gives labeling requirements with regards to name, address, product name, ingredients, net weight/volume, and allergen information. The label must include the disclaimer “Made by a cottage food business that is not subject to Maryland’s food safety regulations.”
The following are changes cited in Maryland HB0527/CH0370 that will become effective on October 1, 2019.
Definition (b-2) now has two parts. The existing, now part one, is unchanged regarding direct sales to individuals. Part two is being added to say that sales will be permitted “TO A RETAIL FOOD STORE, INCLUDING A GROCERY STORE, OR A FOOD COOPERATIVE.” For such sales, the label must also include the “PHONE NUMBER AND E–MAIL ADDRESS OF THE COTTAGE FOOD BUSINESS; AND THE DATE THE COTTAGE FOOD PRODUCT WAS MADE.
Before sale to a retail store or food cooperative the State Health Department needs “DOCUMENTATION OF THE OWNER’S SUCCESSFUL COMPLETION OF A FOOD SAFETY COURSE APPROVED BY THE DEPARTMENT; AND THE LABEL THAT WILL BE AFFIXED TO THE COTTAGE FOOD PRODUCT”
Each year, beginning December 30, 2020, the State Health Department must submit a report to the “SENATE FINANCE COMMITTEE AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS COMMITTEE” with information about Cottage Food sold to food stores and food coorperatives.
These 2019 changes were approved by the Governor of Maryland on April 30, 2019.
REFERENCES accessed February 28, 2019
Maryland Department of Health and Mental Hygiene, Environmental Health Bureau
Memo providing Guidance of Cottage Food Businesses
https://mda.maryland.gov/maryland_products/Documents/Cottage_Food_Guidelines.pdf
Code of Maryland Regulations
Sec. 10.15.03.02. Definitions
http://mdrules.elaws.us/comar/10.15.03.02
David Robert Lambert Blog Post
Hazardous is a Scary Word (2019/02/26 at 12:38)
https://lambertdrl.wordpress.com/2019/02/26/hazardous-is-a-scary-word/
Code of Maryland Regulations
Sec. 10.15.03.27. Farmer’s Market, Bake Sales, and Cottage Food Business
http://mdrules.elaws.us/comar/10.15.03.27
University of Maryland Extension
Maryland’s Cottage Food Business Law
https://extension.umd.edu/mredc/specialty-modules/cottage-food-business-law-md
Maryland Department of Health, Office of Food Protection
COMAR Regulations 10.15.03.02, 10.15.03.27
https://phpa.health.maryland.gov/OEHFP/OFPCHS/Pages/CottageFoods.aspx
REFERENCES accessed May 15, 2019
Institute for Justice, Maryland House Passes Bill to Expand Opportunities for Home Bakers
https://ij.org/press-release/maryland-house-passes-bill-expand-opportunities-home-bakers/
General Assembly of Maryland, HB1106/CH0491
http://mgaleg.maryland.gov/webmga/frmMain.aspx?id=HB1106&stab=01&pid=billpage&tab=subject3&ys=2018rs
Forrager, Cottage Food Community, Maryland
https://forrager.com/law/maryland/
TrackBill Maryland SB290, Public Health – Cottage Food Products – Definition and Sale
https://trackbill.com/bill/maryland-senate-bill-290-public-health-cottage-food-products-definition-and-sale/1658034/
General Assembly of Maryland, HB0527/CH0370, effective date October 1, 2019
http://mgaleg.maryland.gov/webmga/frmMain.aspx?id=HB527&stab=01&pid=billpage&tab=subject3&ys=2019rs