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2017 Maryland Code
Health - General
Title 21 - Food, Drugs, and Cosmetics
Subtitle 3 - Food Establishments
Part IV - Miscellaneous Provisions
§ 21-330.1. Cottage food businesses
Universal Citation: MD Health-Gen Code § 21-330.1 (2017)
- (a) Applicability. -- This section does not:
- (1) Apply to a food establishment that is required to have a license under ยง 21-305 of this subtitle; or
- (2) Exempt a cottage food business from any applicable State or federal tax laws.
- (b) License not required. -- A cottage food business is not required to be licensed by the Department if the owner of the cottage food business complies with this section.
- (c) In general. -- The owner of a cottage food business may sell only cottage food products that are:
- (1) Stored on the premises of the cottage food business; and
- (2) Prepackaged with a label that contains:
- (i) The following information:
- 1. The name and address of the cottage food business;
- 2. The name of the cottage food product;
- 3. The ingredients of the cottage food product in descending order of the amount of each ingredient by weight;
- 4. The net weight or net volume of the cottage food product;
- 5. Allergen information as specified by federal labeling requirements; and
- 6. If any nutritional claim is made, nutritional information as specified by federal labeling requirements; and
- (ii) The following statement printed in 10 point or larger type in a color that provides a clear contrast to the background of the label: "Made by a cottage food business that is not subject to Maryland's food safety regulations.".
- (i) The following information:
- (d) Compliance with laws and ordinances. -- The owner of a cottage food business shall comply with all applicable county and municipal laws and ordinances regulating the preparation, processing, storage, and sale of cottage food products.
- (e) Investigation of complaints. --
- (1) The Department may investigate any complaint alleging that a cottage food business has violated this section.
- (2) On receipt of a complaint, a representative of the Department, at a reasonable time, may enter and inspect the premises of a cottage food business to determine compliance with this section.
- (3) The owner of a cottage food business may not:
- (i) Refuse to grant access to a representative who requests to enter and inspect the premises of the cottage food business under paragraph (2) of this subsection; or
- (ii) Interfere with any inspection under paragraph (2) of this subsection.
- (4) An investigation of a cottage food business conducted under this subsection may include sampling of a cottage food product to determine if the cottage food product is misbranded or adulterated.
- (f) Regulations. -- The Department shall adopt regulations to carry out this section.
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