Track 1 · CFO

Cottage Food Operation

Shelf-stable, non-potentially hazardous foods only. Products must be pre-approved and listed in your county registration. Labeling and a $40 one-time registration fee required.

Track 2 · MLFCA

Montana Local Food Choice Act

Broader food types including perishable items. No permit, no labeling, no inspection. Products must be consumed at home or at a traditional community event (including farmers markets).

Product Status Guide

Open, Restricted & Prohibited Foods

Open

Clearly Allowed
Baked Goods — Breads & Rolls
Loaf breads, rolls, biscuits, quick breads, muffins — no restrictions beyond shelf-stable requirement
Both tracks
Cakes & Cupcakes
Including celebration cakes (birthday, anniversary, wedding). Frostings must be cooked or shelf-stable by sugar content
Both tracks
Cookies, Brownies & Bars
Cookies, brownies, blondies, granola bars — shelf-stable; no cream fillings requiring refrigeration
Both tracks
Scones & Biscotti
Shelf-stable baked goods; no custard or cream components
Both tracks
Jams, Jellies & Marmalades
Must comply with FDA 21 CFR Part 150 standards (high sugar content). Standard fruit jams and jellies qualify
CFO (registered)
Fruit Butters & Preserves
Apple butter, pear butter, conserves — high sugar, shelf-stable products are approved
CFO (registered)
Fudge, Brittles & Toffee
Must include a cook step and not require refrigeration after cooking
Both tracks
Marshmallows & Caramels
Cooked confections that are shelf-stable at room temperature
Both tracks
Granola & Trail Mix
Shelf-stable, no perishable add-ins (e.g., fresh fruit)
Both tracks
Popcorn & Kettle Corn
Plain, flavored, and coated varieties — shelf-stable
Both tracks
Dried Herbs & Spice Blends
Herb blends, seasoning salts, spice rubs, dry teas — combining and packaging only
Both tracks
Dry Mixes & Soup Mixes
Baking mixes, dry bean soup mixes, pancake mixes, pasta seasoning mixes
Both tracks
Honey
Raw honey and infused honey allowed. DPHHS recommends label note: "not for infants under 12 months"
Both tracks
Dry Pasta & Noodles
Dried, shelf-stable pasta — no egg pasta requiring refrigeration
Both tracks
Dried Fruit (Operator-Dried)
Must reach 160°F within one hour of processing and maintain 140°F for remainder of drying. No reduced-oxygen (vacuum) packaging
CFO (registered)
Perishable Foods (refrigerated)
Soups, casseroles, fresh baked goods requiring refrigeration — allowed only under MLFCA, sold for home or event consumption
MLFCA only
Raw Dairy (small dairy exemption)
Allowed under MLFCA if producer keeps ≤5 cows, ≤10 goats, or ≤10 sheep. Limited testing requirements apply
MLFCA only

Restricted

Allowed With Conditions
Pies (most varieties)
Allowed if shelf-stable after baking. Prohibited: custard-style pies, pies with fresh unbaked fruit, any pie requiring refrigeration
CFO (registered)
Chocolate-Covered Items
Generally allowed if shelf-stable; case-by-case approval may be required from your county sanitarian. Submit label and recipe with registration
CFO — verify with county
Crackers
Likely allowed as shelf-stable baked goods; case-by-case approval may be required. Confirm with county sanitarian before registration
CFO — verify with county
Nut Butters
May require case-by-case review depending on water activity. Confirm with DPHHS before listing
CFO — verify with DPHHS
Hot Sauce & Acidified Condiments
Acidified foods (pH ≤ 4.6) may require a validated process. Likely not approvable under CFO registration — explore commercial kitchen or MLFCA track
MLFCA — verify with DPHHS
Kombucha (non-alcoholic)
Not on the CFO approved list. May be sold under MLFCA if alcohol content stays below 0.5% ABV and product is consumed at home or a community event. [VERIFY with DPHHS]
MLFCA — verify first
Fermented Vegetables (MLFCA only)
Explicitly prohibited under CFO registration. Under MLFCA, no explicit ban — but seller bears full liability. Confirm with DPHHS before selling
MLFCA — verify with DPHHS
Home-Raised Poultry
Allowed under MLFCA only if producer slaughters fewer than 1,000 birds per year AND complies with federal recordkeeping requirements
MLFCA — poultry exception
Juices
Not on CFO approved list. Under MLFCA, fresh-pressed juices may be sold if consumed at the point of sale or at home. Pasteurization required for commercial sale
MLFCA — verify with DPHHS
Gluten-Free Products
You may claim "gluten-free" on the label if no gluten-containing ingredients are used — but your kitchen cannot be certified gluten-free. Follow FDA gluten-free labeling standards (<20ppm)
Both tracks

Prohibited

Not Permitted
Fermented Foods (CFO track)
Lacto-fermented pickles, sauerkraut, kimchi, and similar foods are explicitly prohibited under the CFO registration program
Custard & Cream Pies
Custard-style pies, pies with fresh unbaked fruit, and any pie requiring refrigeration are specifically excluded under CFO rules
Foods Requiring Refrigeration (CFO)
Any product that must be kept cold for safety (time/temperature control for safety — TCS foods) cannot be sold under the CFO track
Vacuum-Packaged Foods
Reduced-oxygen packaging (vacuum sealing) is prohibited under CFO. This includes vacuum-packed dried fruit, nuts, and jerky
Meat & Meat Products
Prohibited under both tracks (except the poultry exception under MLFCA). No beef, pork, lamb, venison, or products containing meat
Wild Game
Prohibited under both tracks. Commercial sale of wild game meat is not permitted in Montana for home sellers
Canned Low-Acid Vegetables
Home-canned green beans, corn, beets, and other low-acid vegetables are not approved under CFO without a validated pressure-canning process
Alcoholic Beverages & Infused Products
Wine, beer, spirits, and products containing alcohol (rum-filled candies, liqueur cakes) are prohibited under both tracks. A separate brewery/winery/distillery license is required
THC/Marijuana Edibles
Neither the CFO framework nor MLFCA authorizes cannabis-infused foods. A separate Montana cannabis producer license is required
Pet Treats
Explicitly excluded from Montana's cottage food approved product list. Pet treats require a separate license
Dietary Supplements
MLFCA applies only to homemade food and food products. Supplements are regulated separately by the FDA
Interstate Sales & Shipping
Both tracks restrict sales to within Montana only. You cannot ship products out of state or accept orders from out-of-state buyers
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MLFCA Expands Your Options — With One Important Condition

The Montana Local Food Choice Act (MLFCA / SB 199) allows you to sell a far wider range of foods — including perishable, refrigerated, and even fermented items — without any permit or inspection. This makes it an excellent starting point for testing new products at farmers markets with zero overhead.

The critical condition: products sold under MLFCA must be consumed in a home, a farm or ranch, an office, or at a "traditional community event" — which specifically includes farmers markets, potlucks, weddings, funerals, neighborhood gatherings, school events, and outdoor sporting events. You cannot sell MLFCA products to a restaurant, grocery store, coffee shop, or any third party for resale. And you must clearly inform each buyer that the product has not been licensed, permitted, inspected, or labeled per official regulations.

Understanding "Potentially Hazardous Foods"

Montana's Cottage Food registration program (Track 1) is limited to non-potentially hazardous foods (non-PHF). A "potentially hazardous food" is one that requires time and temperature control to prevent the growth of harmful bacteria. If a food needs to stay cold (or hot) to be safe, it's PHF — and it cannot be sold under the CFO registration.

✅ Non-PHF — Generally Safe for CFO

  • Breads, cookies, cakes (no cream fillings)
  • Hard candy, fudge, brittles, toffee
  • Jams, jellies, fruit butters (high sugar)
  • Dried fruit, dried herbs, spice blends
  • Granola, trail mix, popcorn
  • Honey (shelf-stable at room temperature)
  • Dry mixes (pancake, soup, baking)

❌ PHF — Not Allowed Under CFO

  • Cream pies, custard tarts, cheesecake
  • Fresh pasta (egg-based, refrigerated)
  • Meat-filled items (empanadas, tamales)
  • Flavored cream cheeses, dips
  • Fresh salsa requiring refrigeration
  • Lacto-fermented vegetables
  • Most juices and fermented beverages

If you're unsure whether your product qualifies as non-PHF, bring a detailed recipe to your local county Environmental Health office when you register — the sanitarian will make the determination before approving your product list.

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Montana Compliance Checker

Tell us about your specific product and we'll show you whether it's approved under the CFO program, MLFCA, or requires a different license path in Montana.

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ℹ️ Items marked [VERIFY] — including kombucha, fermented foods under MLFCA, acidified hot sauce, and chocolate-covered items under CFO — should be confirmed with DPHHS before selling. Call the Food & Consumer Safety Section at (406) 444-2837 or visit dphhs.mt.gov.
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