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What You Can Sell in Maryland

Maryland's cottage food rules allow a wide range of non-perishable foods — baked goods, jams, candy, granola, and more. Here's the definitive three-tier breakdown of what's open, what's restricted, and what's off-limits.

Open — Clearly allowed, no special conditions
Restricted — Allowed with specific conditions
Prohibited — Not permitted under cottage food rules
✓ Open Clearly Allowed
Baked Goods — Non-Perishable
Cookies & Brownies No cream cheese or custard fillings
Breads & Bagels Including sourdough; shelf-stable only
Rolls, Muffins & Biscuits No perishable toppings or fillings
Scones & Donuts Shelf-stable glazes only
Cakes & Cupcakes Shelf-stable frosting only (see Restricted for buttercream)
Wedding Cakes & Cake Pops Non-perishable decorations and frosting
Fruit Pies (shelf-stable) Apple, blueberry, cherry — no custard or meringue
Pastries & Crepes No perishable fillings at time of sale
Jams & Fruit Spreads
Strawberry & Berry Jams Hot-filled, high-acid; pH ≤ 4.6
Peach, Plum & Grape Jelly Naturally acidic fruits only; hot-filled
Fruit Butters (apple, pear) High-acid fruits; hot-filled process required
Preserves & Marmalades Natural pH ≤ 4.6; citrus qualifies
Candy & Confections
Hard Candy & Lollipops Shelf-stable; no perishable inclusions
Marshmallows Standard shelf-stable formulas
Shelf-Stable Fudge Non-refrigerated formulas only
Fondant & Marzipan Sugar-based; shelf-stable
Snacks & Dry Goods
Granola Baked and shelf-stable
Popcorn, Kettle Corn & Caramel Corn No perishable coatings
Crackers & Pretzels Baked, shelf-stable
Fruit Leathers Low moisture, fully shelf-stable
Dried Herbs & Spice Blends Repackaged or home-blended; fully dried
Roasted Coffee Beans Whole bean or ground; shelf-stable
Blended Dried Teas Loose leaf blends; no fresh ingredients
Chocolate-Covered Nuts & Pretzels Shelf-stable dipped items; not fresh fruit
⚠ Restricted Allowed with Conditions
Baked Goods — Recipe Dependent
Banana, Pumpkin & Zucchini Bread May require lab testing for pH & water activity depending on recipe; some formulas qualify without testing
Buttercream & Cream Cheese Icings Some formulas are shelf-stable and pass testing; others require refrigeration and are prohibited. Lab validation required to sell.
Sourdough Products Most are allowed; certain dense or high-moisture loaves may need pH verification
Baked Goods Containing Alcohol Recipe-dependent; lab testing required to confirm shelf-stable status
Macarons Listed as prohibited in most MDH guidance but may be allowable with lab testing showing shelf-stable parameters. Confirm with MDH before selling.
Jams — Non-Standard Fruit
Pepper Jelly & Jalapeño Jam Peppers are not naturally high-acid. Adding lemon juice or vinegar to reach pH ≤ 4.6 and using proper hot-fill may qualify — lab test required.
Low-Acid Fruit Jams (fig, mango, melon) These fruits have pH above 4.6. Added acid (lemon juice) may bring into compliance. Lab verification strongly recommended.
Specialty Items
Unflavored Honey Not a cottage food item — classified as a raw agricultural product. Can be sold directly without cottage food rules, but separate raw agricultural product rules apply.
Herb-Infused Vinegars May be allowed if they meet acidity standards (pH ≤ 4.6). Confirm with MDH before selling; herb-infused oils are a different matter (see Prohibited).
Retail Store Sales (All Products)
Any Allowed Product Sold to Retail All allowed cottage foods can be sold to retail stores — but you must first: complete an ANAB-accredited food safety course and receive written MDH approval. No cost, but required before your first retail delivery.
✗ Prohibited Not Permitted
Perishable Baked Goods
Cream Pies & Custard Pies Require refrigeration; potentially hazardous
Pumpkin Pie & Pecan Pie Egg-based filling requires refrigeration
Cheesecakes & Meringue Pies Dairy/egg-based; temperature-controlled
Waffles Prohibited under current MDH guidance
Fermented & Acidified Foods
Pickles & Pickled Vegetables Acidified foods require separate MDH/MDA licensing
Salsas, Chutneys & Relishes Low-acid ingredients; require licensed facility
Fermented Foods (kimchi, sauerkraut) Fermentation process not permitted under cottage food
Kombucha Fermented beverage; not allowed under cottage food
Low-Acid Canned Vegetables Corn, green beans, beets — require pressure canning license
Sauces, Condiments & Spreads
Hot Sauces Acidified food; requires separate licensing
Ketchup & Mustards Not permitted under cottage food rules
Nut Butters (peanut, almond) Not on MDH approved list
Herb-Infused Oils Garlic-in-oil is a botulism risk; infused oils generally prohibited without testing
Flavored Honey Requires On-Farm Home Processing License (MDA)
Maple Syrup Requires on-farm processing license from MDA
Beverages & Other
Juices (fresh or bottled) Require pasteurization and licensed facility
Carbonated Beverages Not permitted under cottage food rules
Extracts (vanilla, almond) Not on MDH approved product list
Dried Vegetables (as standalone) Not permitted as a cottage food product
Pasta Noodles Not listed as an allowed cottage food item
Meat, Dairy & Protein
Meat & Poultry (any form) USDA jurisdiction; requires inspected facility
Jerky & Smoked Fish Requires USDA inspection; not cottage food
Dairy Products (cheese, yogurt) Require dairy license from MDH

🔬 Gray-Area Products? If your product isn't clearly on the allowed or prohibited list, it may be testable. MDH uses pH (acidity) and water activity (moisture) measurements to determine if a food is shelf-stable. The Southern Maryland Agricultural Development Commission (SMADC) has offered reimbursement grants of up to $250 for laboratory testing — check with them for current availability. Contact MDH at (410) 767-8444 or [email protected] before investing in products with uncertain status.

Understanding the Rules

Why These Restrictions Exist

🌡️
What is a TCS Food?
TCS stands for Temperature Control for Safety. These are foods that need to be kept hot or cold to prevent dangerous bacteria from growing. Cream, eggs, cooked proteins, and soft cheeses are the most common TCS ingredients. Maryland's cottage food rules exist specifically to keep TCS foods out of unregulated home kitchens — because without proper temperature monitoring equipment, there's no safe way to verify they stayed safe from production to the customer's table.
⚗️
pH and Water Activity
Two measurements determine if a food is shelf-stable: pH (acidity) and water activity (aw) (moisture available for bacteria). A food needs a pH of 4.6 or lower — which kills most harmful bacteria — or a water activity low enough that bacteria simply can't grow. High-acid fruit jams and hard candy are both safe for different reasons. When a product falls in the gray zone, lab testing can measure both values and tell you definitively whether it's cottage-food eligible.
🏭
What Happens Beyond $50K?
Maryland caps annual gross sales at $50,000 per cottage food business. If your business grows beyond that threshold, you must stop selling under the cottage food exemption for the rest of the calendar year — or transition to a fully licensed food establishment. That means commercial kitchen, MDH food license, plan review, and inspection. Many sellers use cottage food as a launchpad and scale up intentionally once they've proven their market.
🏪
The Retail Store Opportunity
Most states prohibit cottage food from reaching grocery or retail store shelves. Maryland is an exception. Home sellers here can supply grocery stores, food co-ops, convenience stores, and retail bakeries — as long as they complete an ANAB-accredited food safety course and receive written approval from MDH first. Labels for retail products also require additional information (phone, email, date made). This channel is worth pursuing once you've established your product line.

🔬 Products That May Be Allowable with Lab Testing

The following items fall in Maryland's "gray zone" — they may be potentially hazardous depending on the recipe, but some formulas can pass shelf-stability testing. You'll need a certified food laboratory to measure pH and water activity before MDH will approve them for sale:

  • Banana bread, pumpkin bread, zucchini bread (recipe-dependent moisture content)
  • Buttercream icings made with shortening (not butter or cream — some pass)
  • Cream cheese-based icings using stabilized recipes
  • Sourdough products with high density or unusual hydration
  • Baked goods with alcohol inclusions (rum cake, bourbon brownies, etc.)
  • Macarons — confirm with MDH; some shelf-stable formulas may qualify
  • Pepper jellies with added acid to achieve pH ≤ 4.6

SMADC (Southern Maryland Agricultural Development Commission) has offered testing reimbursement grants of up to $250. Contact SMADC at smadc.com or MDH directly at (410) 767-8444.

🔧

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Related Maryland Guides

Page 2
Shelf-Stable Food Rules
Deep dive into the pH and water activity standards that determine what's shelf-stable in Maryland, plus the $50K sales cap.
Read Guide →
Page 3
Prepared Meals & TCS Foods
What the TCS designation means for prepared food sellers, and what licensing path exists beyond cottage food rules.
Read Guide →
Page 4
Beverages
Dried teas and coffee are allowed. Kombucha and juice are not. Get the full beverage breakdown for Maryland home sellers.
Read Guide →
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