Food Establishments - Cottage Food Businesses - Maximum Annual Revenue, the official text

WES MOORE, Governor                                 Ch. 320

Chapter 320

                   (House Bill 535)

AN ACT concerning

Food Establishments – Cottage Food Businesses – Maximum Annual Revenue

FOR the purpose of increasing the maximum amount of annual revenue a business may
         generate from the sale of cottage food products to be considered a cottage food
         business; and generally relating to cottage food businesses.

BY repealing and reenacting, without amendments,
         Article – Health – General
         Section 21–301(a) and (b–2)
         Annotated Code of Maryland
         (2023 Replacement Volume and 2025 Supplement)

BY repealing and reenacting, with amendments,
         Article – Health – General
         Section 21–301(b–1)
         Annotated Code of Maryland
         (2023 Replacement Volume and 2025 Supplement)

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

                   Article – Health – General

21–301.

(a) In this subtitle the following words have the meanings indicated.

(b–1) “Cottage food business” means a business that:

             (1) Produces or packages cottage food products in a residential kitchen;

                  (2) Sells the cottage food products in accordance with § 21–330.1 of this
subtitle and regulations adopted by the Department; and

                  (3) Has annual revenues from the sale of cottage food products in an
amount not exceeding [$50,000] $100,000.

         (b–2) “Cottage food product” means a nonhazardous food, as specified in regulations
adopted by the Department, that is sold in the State in accordance with § 21–330.1 of this
subtitle and regulations adopted by the Department:

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Ch. 320  2026 LAWS OF MARYLAND

                  (1) Directly to a consumer from a residence, at a farmer’s market, at a
public event, by personal delivery, or by mail delivery; or

                  (2) To a retail food store, including a grocery store, or a food cooperative.

         SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.

Approved by the Governor, April 28, 2026.

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