New law covers cottage food sales

Montana’s new cottage food law is now in effect, allowing entrepreneurs to sell customers low-risk foods made in their kitchen.

State Rep. Kathleen Williams, D-Bozeman, sponsored the bill.

“This new law will increase access for consumers to locally produced food in locations all over Montana while at the same time helps provide new business opportunities,” said Richard Opper, director of the Montana Department of Public Health and Human Services.

Low-risk foods include jams, jellies, dried fruit, dry mixes and baked goods — foods that don’t require being kept at specific temperatures to remain safe for human consumption, Opper said.

Local cottage food producers in Kalispell will have to register with the Flathead City-County Health Department. Producers are only allowed to sell foods in face-to-face transactions, but they are allowed to promote their products online. Labeling or some indication of where the food was made is required as well.

“For over 20 years we’ve allowed some homemade foods to be sold at farmers market so this is really just expanding the industry and allowing for other direct sales,” Flathead County Public Health Officer Joe Russell said.

Russell worked with state legislators on the bill. He said he’s comfortable with the law and hopes it will promote business growth at a local level.

“It’s an area where food can be purveyed at a low-risk and provide people with income and possibly grow into a food manufacturing business,” he said.

The law won’t change much immediately, Russell said, but simply provide more consistency and streamlining in licensing at the county level.

The county health department is also working on moving to online applications for local food purveyors.

In a press release, Ed Evanson of the Department of Public Health and Human Services said the law also allows mobile and temporary food establishments to operate in different counties. Food truck vendors will pay annual fees to the state and be cleared to operate in any jurisdiction without additional permits.

Russell said temporary food establishments are usually tents or roadside vendors that sell products such as kettle corn and other low-risk foods.

For more information on the cottage food law, visit dphh.mt.gov or call the Department of Public Health and Human Services Food and Consumer Safety Section at 406-444-2837.

Reporter Seaborn Larson may be reached at 758-4441 or by email at slarson@dailyinterlake.com.