Cottage Food Law /US
A structured reference to state cottage food rules

Guide · Selling from home

Can I sell candy & confections from home in Maryland?

Informational only, not legal advice.

Yes, with limits — Maryland allows some candy & confections but prohibits others.

"With limits" means Maryland's allowed list and its prohibited list both name candy & confections items. Check which list your product is on.

What Maryland's food lists say about candy & confections

On the allowed list

  • Non-perishable candies (e.g., brittles, gummy bears, hard candies, lollipops, toffee, and marshmallows with non-potentially hazardous ingredients); freeze-dried non-potentially hazardous commercial candies
  • Chocolate confections made from commercially manufactured chocolate or commercial non-potentially hazardous ingredients (e.g., chocolate-covered nuts, pretzels, marshmallows, dried fruits, and caramels; peanut butter cups), with all fillings from a commercial source

Source: MDH Office of Food Protection — Guidelines for Cottage Food Businesses (Last Updated 11/2025), Appendix A · Verified Oct 21, 2026

On the prohibited list

  • Soft candies such as homemade caramels and homemade fudge; chocolates with homemade or potentially hazardous fillings; chocolate confections made from raw cocoa beans; chocolate- or candy-covered fresh or canned fruit
  • Freeze-dried products of any kind except non-potentially hazardous commercial candy; home dehydrating or freeze-drying of fruits, vegetables, vegetable chips, herbs, spices, or pasta

Source: MDH Office of Food Protection — Guidelines for Cottage Food Businesses (Last Updated 11/2025), Appendix B · Verified Oct 21, 2026

How Maryland reads its lists

COMAR 10.15.03.27B lists the regulated categories: hot-filled acid fruit jellies, jams, preserves, and butters from listed fruits, non-potentially hazardous baked goods, and non-potentially hazardous candy. MDH's Appendix A gives examples. Baked doughnuts and churros, hard candies, and dry bread mixes are from the MDH FAQ (#27, #30, #31). Icings, glazes, and moist quick breads made with low-acid fruits or vegetables need third-party lab results for each recipe, and vendors must have copies of those results at public events (FAQ #28, #35–#37).

Source: MDH Office of Food Protection — Guidelines for Cottage Food Businesses (Last Updated 11/2025), Appendix A · Verified Oct 21, 2026

MDH gives these as examples, not a complete list. Fried doughnuts, salsas and tomato sauces, ground coffee, home dehydrating of herbs, fermented foods, prepared foods, CBD, and pet foods are from the MDH FAQ (#15–#18, #25, #26, #31, #33). Foods not allowed as cottage foods need a local health department or MDH food license.

Source: MDH Office of Food Protection — Guidelines for Cottage Food Businesses (Last Updated 11/2025), Appendix B · Verified Oct 21, 2026

Selling candy & confections in Maryland: permit, cost, and where to sell

Do I need a permit to sell candy & confections from home in Maryland?

Maryland does not require a state-issued permit for cottage food.

Source: Md. Code, Health–General § 21-330.1(b) · Verified Oct 21, 2026

The program is run by the Maryland Department of Health (MDH), Office of Food Protection.

Source: Maryland Department of Health — Maryland Cottage Food Businesses · Verified Oct 21, 2026

How much does a Maryland cottage food license cost?

Maryland does not charge a state cottage food license fee.

Source: MDH Office of Food Protection — Guidelines for Cottage Food Businesses (Last Updated 11/2025), Appendix C · Verified Oct 21, 2026

Is there a limit on how much I can sell in Maryland?

Maryland caps cottage food sales at $100,000 a year.

Source: 2026 Md. Laws ch. 320 (HB 535), amending Health–General § 21-301(b–1)(3) · Verified Oct 21, 2026

Where can I sell candy & confections in Maryland?

In person: Yes; farmers markets: Yes; online orders within Maryland: Yes; shipping to other states: No; delivery within Maryland: Yes; sales to stores or for resale: Yes.

Source: COMAR 10.15.03.27 (Farmer's Market, Bake Sales, and Cottage Food Business), §A · Verified Oct 21, 2026

Cottage food products may be sold only in Maryland: directly to a consumer from a residence, at a farmer's market, at a bake sale, at a public event, by personal delivery, or by mail order or mail delivery; or to a licensed retail food store (grocery store, convenience store, retail market, retail bakery, or food cooperative) after MDH's written approval. MDH's FAQ says sales over the Internet are restricted to Maryland only, products may be mailed only within Maryland, and distributing across State lines is not permissible. Bake sales must be connected with a fundraising event. Retail food stores exclude restaurants, coffee shops, cafeterias, and businesses without a food license. Cottage foods cannot be produced onsite at a market or event, and local rules for farmers' markets and public events may apply.

Source: COMAR 10.15.03.27 (Farmer's Market, Bake Sales, and Cottage Food Business), §A · Verified Oct 21, 2026

Do I need training or a kitchen inspection in Maryland?

Maryland does not require food safety training.

Source: MDH Office of Food Protection — Cottage Food Frequently Asked Questions (Last Updated 11/2025), Q5 · Verified Oct 21, 2026

Maryland does not require a home kitchen inspection.

Source: MDH Office of Food Protection — Cottage Food Frequently Asked Questions (Last Updated 11/2025), Q6 · Verified Oct 21, 2026

Labeling candy & confections in Maryland

Maryland's cited labeling rules list 9 requirements. The full list is in the Maryland labeling guide.

Source: Md. Code, Health–General § 21-330.1(c) · Verified Oct 21, 2026

Other foods in Maryland