The Montana Local Food Choice Act, enacted in 2021, facilitates the direct sale of homemade food products from producers to informed end consumers within the state. This legislation aims to boost local agriculture and provide consumers with greater access to fresh, locally produced foods.
Key Provisions of the Act:
Direct Producer-to-Consumer Sales: Producers can sell homemade food items directly to consumers without the need for state licensure, permitting, certification, packaging, labeling, or inspection. These transactions must occur within Montana and are limited to in-state commerce.
Informed End Consumers: Consumers purchasing these homemade products must be informed that the items are not subject to official regulations regarding licensing, permitting, certification, packaging, labeling, or inspection.
Permitted Venues: Sales are allowed for home consumption or at traditional community social events, such as weddings, funerals, church socials, school events, farmer’s markets, potlucks, neighborhood gatherings, club meetings, or youth and adult outdoor or sporting events.
Exclusions: The Act does not apply to retail food establishments, wholesale food manufacturing establishments, or certain dairy operations, which remain subject to existing health and safety regulations.
By reducing regulatory barriers, the Montana Local Food Choice Act encourages the growth of local food systems, supports small-scale producers, and enhances consumer access to homemade food products.
Montana’s cottage food laws empower individuals to produce and sell specific homemade food items directly to consumers, fostering local entrepreneurship while ensuring public health safety.
Key Provisions:
Permitted Foods: Non-potentially hazardous items that don’t require refrigeration, such as baked goods, jams, jellies, preserves, fruit butters, dry spice blends, and certain candies.
Sales Venues: Direct-to-consumer sales are allowed at venues like farmers’ markets, fairs, and from the producer’s home. However, sales to restaurants, retail stores, or through third-party delivery services are prohibited.
Registration: Cottage food operators must register with their local environmental health agency, submitting product lists and labels for approval. A one-time registration fee of $40 applies, with re-registration required if there are changes in address or product offerings.
Labeling Requirements: Products must be labeled with the operation’s name, address, product name, ingredients in descending order by weight, net quantity, allergen information, and a statement indicating the product was made in a home kitchen not subject to retail food establishment regulations or inspections.
Sanitation Standards: Operators are required to implement sanitary food preparation practices, ensuring a clean kitchen environment and restricting activities like eating, drinking, and pet access during production.
These regulations aim to balance the promotion of small-scale food entrepreneurship with the assurance of consumer safety. For detailed guidance, refer to the Montana DPHHS Cottage Food Operation Guidance and Registration.
The Montana Local Food Choice Act (LFCA) and Montana Cottage Food Laws both aim to support small-scale food producers and facilitate the sale of homemade goods. However, they differ in scope, regulations, and the types of foods and transactions they govern. Here’s a breakdown of the key differences:
Montana Local Food Choice Act (LFCA):
Montana Cottage Food Laws:
LFCA:
Cottage Food Laws:
LFCA:
Cottage Food Laws:
LFCA:
Cottage Food Laws:
LFCA:
Cottage Food Laws:
LFCA:
Cottage Food Laws:
