Public Health - Cottage Food Businesses and Home Bakeries

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0838*

SENATE BILL 838
J1 6lr2651

By: Senator Ready
Introduced and read first time: February 6, 2026
Assigned to: Finance

A BILL ENTITLED

AN ACT concerning 1

Public Health – Cottage Food Businesses and Home Bakeries 2

FOR the purpose of altering the definition of “cottage food product” for purposes of 3
provisions of law governing the sale of cottage food products to include nonpotentially 4
hazardous foods, rather than nonhazardous foods, as specified in regulations adopted 5
by the Maryland Department of Health; providing that a home bakery is not 6
required, under certain circumstances, to be licensed by the Maryland Department 7
of Health; applying certai n provisions of law governing cottage food businesses to 8
home bakeries; and generally relating to cottage food business and home bakeries 9
products. 10

BY repealing and reenacting, without amendments, 11
Article – Health – General 12
Section 21–301(a) 13
Annotated Code of Maryland 14
(2023 Replacement Volume and 2025 Supplement) 15

BY repealing and reenacting, with amendments, 16
Article – Health – General 17
Section 21–301(b–2), (g)(3), and (h)(3) and 21–330.1 18
Annotated Code of Maryland 19
(2023 Replacement Volume and 2025 Supplement) 20

BY adding to 21
Article – Health – General 22
Section 21–301(h–1) and (h–2) 23
Annotated Code of Maryland 24
(2023 Replacement Volume and 2025 Supplement) 25

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
That the Laws of Maryland read as follows: 27
2 SENATE BILL 838

Article – Health – General 1

21–301. 2

(a) In this subtitle the following words have the meanings indicated. 3

(b–2) “Cottage food product” means a [nonhazardous] NONPOTENTIALLY 4
HAZARDOUS food, as specified in regulations adopted by the Department, that is sold in 5
the State in accordance with § 21 –330.1 of this subtitle and regulations adopted by the 6
Department: 7

(1) Directly to a consumer from a residence, at a farmer’s market, at a 8
public event, by personal delivery, or by mail delivery; or 9

(2) To a retail food store, including a grocery store, or a food cooperative. 10

(g) (3) “Food processing plant” does not include: 11

(i) A warehouse or distribution center that: 12

1. Does not process food; and 13

2. Stores only sealed containers of whole bean, ground or 14
instant coffee, leaf or instant teas, nondairy dehydrated whiteners, sugar, or sugar –free 15
sweeteners; [or] 16

(ii) A cottage food business; OR 17

(III) A HOME BAKERY. 18

(h) (3) “Food service facility” does not include: 19

(i) A kitchen in a private home where food is prepared at no charge 20
for guests in the home, for guests at a social gathering, or for service to unemployed, 21
homeless, or other disadvantaged populations; 22

(ii) A food preparation or serving area where food is prepared or 23
served only by an excluded organization; 24

(iii) A location in a farmer’s market or at a public festival or event 25
where raw agricultural products, as defined in § 21 –304(d)(1)(iii) of this subtitle, are sold; 26
[or] 27

(iv) A cottage food business; OR 28

SENATE BILL 838 3

(V) A HOME BAKERY. 1

(H–1) “HOME BAKERY” MEANS A BUSINESS THAT: 2

(1) PRODUCES OR PACKAGES HOME BAKERY PRODUCTS IN A 3
RESIDENTIAL KITCHEN; 4

(2) SELLS THE HOME BAKERY PRODUCTS IN ACCORDANCE WITH § 5
21–330.1 OF THIS SUBTITLE AND REGULATIONS ADOPTED BY THE DEPARTMENT; 6
AND 7

(3) HAS ANNUAL REVENUES F ROM THE SALE OF HOME BAKERY 8
PRODUCTS IN AN AMOUNT NOT EXCEEDING $50,000. 9

(H–2) “HOME BAKERY PRODUCT” MEANS A NONPOTENTIALLY HAZARDOUS OR 10
POTENTIALLY HAZARDOUS FOOD, AS SPECIFIED IN REGULATIONS ADOPTED BY THE 11
DEPARTMENT, THAT IS: 12

(1) BREAD, A CAKE , A PIE , A COOKIE, A CRACKER, A DOUGHNUT, A 13
MUFFIN, A PASTRY, A PIZZA CRUST, OR ANY OTHER SIMILAR BAKED GOOD, WHETHER 14
PARTIALLY OR COMPLETELY BAKED; AND 15

(2) SOLD IN THE STATE IN ACCORDANCE W ITH § 21–330.1 OF THIS 16
SUBTITLE AND REGULATIONS ADOPTED BY THE DEPARTMENT: 17

(I) DIRECTLY TO A CONSUME R FROM A RESIDENCE , AT A 18
FARMER’S MARKET , AT A PUBLIC EVENT , BY PERSONAL DELIVERY , OR BY MAIL 19
DELIVERY; OR 20

(II) TO A RETAIL FOOD STOR E, INCLUDING A GROCERY STORE, 21
OR A FOOD COOPERATIVE. 22

21–330.1. 23

(a) This section does not: 24

(1) Apply to a food establishment that is required to have a license under § 25
21–305 of this subtitle; or 26

(2) Exempt a cottage food business OR HOME BAKERY from any applicable 27
State or federal tax laws. 28

4 SENATE BILL 838

(b) A cottage food business OR HOME BAKERY is not required to be licensed by 1
the Department if the owner of the cottage food business OR HOME BAKERY complies with 2
this section. 3

(c) The owner of a cottage food business OR HOME BAKERY may sell only cottage 4
food OR HOME BAKERY products that are: 5

(1) Stored on the premises of the cottage food business OR HOME BAKERY; 6
and 7

(2) Prepackaged with a label that contains: 8

(i) The following information: 9

1. A. The name and address of the cottage food business 10
OR HOME BAKERY; or 11

B. The name and phone number of the cottage food business 12
OR HOME BAKERY and the identification number assigned to the cottage food business OR 13
HOME BAKERY under subsection (d) of this section; 14

2. The name of the cottage food product OR HOME BAKERY 15
PRODUCT; 16

3. The ingredients of the cottage food product OR HOME 17
BAKERY PRODUCT in descending order of the amount of each ingredient by weight; 18

4. The net weight or net volume of the cottage food product 19
OR HOME BAKERY PRODUCT; 20

5. Allergen information as specified by federal labeling 21
requirements; and 22

6. If any nutritional claim is made, nutritional infor mation 23
as specified by federal labeling requirements; 24

(ii) The following statement printed in 10 point or larger type in a 25
color that provides a clear contrast to the background of the label: “Made by a cottage food 26
business OR HOME BAKERY that is not subject to Maryland’s food safety regulations.”; and 27

(iii) For a cottage food product OR HOME BAKERY PRODUCT offered 28
for sale at a retail food store: 29

1. The phone number and e–mail address of the cottage food 30
business OR HOME BAKERY; and 31

SENATE BILL 838 5

2. The date the cottage food product OR HOME BAKERY 1
PRODUCT was made. 2

(d) At the request of a cottage food business OR HOME BAKERY, the Department 3
shall provide to the cottage food business OR HOME BAKERY a unique identification 4
number that the cottage food business OR HOME BAKERY may use on the label of a cottage 5
food product OR HOME BAKERY PRODUCT under subsection (c) of this section. 6

(e) The owner of a cottage food business OR HOME BAKERY shall comply with all 7
applicable county and municipal laws and or dinances regulating the preparation, 8
processing, storage, and sale of cottage food products OR HOME BAKERY PRODUCTS. 9

(f) (1) The Department may investigate any complaint alleging that a cottage 10
food business OR HOME BAKERY has violated this section. 11

(2) On receipt of a complaint, a representative of the Department, at a 12
reasonable time, may enter and inspect the premises of a cottage food business OR HOME 13
BAKERY to determine compliance with this section. 14

(3) The owner of a cottage food business OR HOME BAKERY may not: 15

(i) Refuse to grant access to a representative who requests to enter 16
and inspect the premises of the cottage food business OR HOME BAKERY under paragraph 17
(2) of this subsection; or 18

(ii) Interfere with any inspection under paragr aph (2) of this 19
subsection. 20

(4) An investigation of a cottage food business OR HOME BAKERY 21
conducted under this subsection may include sampling of a cottage food product OR HOME 22
BAKERY PRODUCT to determine if the cottage food product OR HOME BAKERY PRODUCT 23
is misbranded or adulterated. 24

(g) Before the owner of a cottage food business OR HOME BAKERY may sell a 25
cottage food product OR HOME BAKERY PRODUCT to a retail food store, the owner shall 26
submit to the Department: 27

(1) Documentation of the owne r’s successful completion of a food safety 28
course approved by the Department; and 29

(2) The label that will be affixed to the cottage food product OR HOME 30
BAKERY PRODUCT in accordance with subsection (c)(2) of this section. 31

(h) Beginning on or before December 30, 2020, and every December 30 thereafter, 32
the Department shall report to the Senate Finance Committee and the House Health [and 33
6 SENATE BILL 838

Government Operations] Committee, in accordance with § 2–1257 of the State Government 1
Article, on: 2

(1) The documentation and labels submitted under subsection (f) of this 3
section; and 4

(2) Any complaints received by the Department related to a cottage food 5
business [or], cottage food product, HOME BAKERY, OR HOME BAKERY PRODUCT. 6

(i) The Department shall adopt regulations to carry out this section. 7

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
October 1, 2026. 9