Maine Cottage Food Law (2026): Home Food License and Local Food Ordinances
At a glance
- License or permit
- DACF Home Food License for shelf-stable foods made in a home kitchen, unless a town food sovereignty ordinance covers your direct sales
- License fee
- Set by the commissioner; we could not find the amount
- Annual sales limit
- None found in the statutes we read
- Allowed foods
- Shelf-stable, non-potentially hazardous foods such as cookies, brownies, candy and jams, according to DACF
- Where you can sell
- From home and at wholesale with the license; direct producer-to-consumer sales in a town with a food sovereignty ordinance
- Not allowed
- Foods that need refrigeration, such as cheesecake and cream pies, need a different license; meat and poultry follow separate rules
- Training required
- None found in the statutes we read
Two ways to sell homemade food in Maine
| Question | DACF Home Food License | Town food sovereignty ordinance |
|---|---|---|
| What it is | A state license for a home kitchen that makes shelf-stable foods. | A local ordinance adopted by a town or plantation (or a county for unorganized territory) under the Maine Food Sovereignty Act. |
| Who it covers | Anyone who makes the foods in a licensed home kitchen. | A food producer selling directly to a consumer who buys for personal or family consumption. |
| State licensing and inspection | Yes. DACF licenses and inspects. | The state does not enforce its food laws and rules for direct producer-to-consumer transactions covered by the ordinance. |
| Where you can sell | From home and at wholesale, according to DACF. | On the property, at roadside stands, fundraisers, farmers markets, through buying clubs, deliveries and community supported agriculture. |
| Meat and poultry | Separate licensing rules. | Not covered: the state meat and poultry program applies without exception. |
| Wholesale and store sales | Allowed under the license. | Not covered: sales other than direct producer-to-consumer must meet all state and federal food safety laws. |
The state license
Section 2167 of Title 22 says a person may not operate a food establishment unless licensed by the commissioner. DACF’s licensing page says a Home Food License allows you to produce and sell shelf-stable food products from your home and at wholesale throughout the state and the United States, and that DACF inspection staff work with applicants. The license fee is set by the commissioner, and the amount is in DACF rules that we could not open. Contact DACF for the current application and fee.
- Check your town first.Ask the town office whether a local food ordinance covers your sales. If it does and you sell directly to consumers, you may not need the state license for those sales.
- Decide what you will make.The Home Food License is for shelf-stable (non-potentially hazardous) foods. If you want to make refrigerated foods, meat, poultry or dairy, ask DACF about other licenses.
- Contact DACF.Ask for the Home Food License application, the fee, and what the home kitchen inspection covers.
- Apply and prepare for the inspection.DACF inspects the kitchen before it issues a license.
- Label your products.See the label section below, and ask DACF what it expects on labels.
What you can sell
DACF describes the Home Food License as covering shelf-stable (non-potentially hazardous) foods such as cookies, brownies, candy and jams and jellies, and says its list is not complete. DACF’s farm stand guide says most baked goods need a Home Food License and that products needing refrigeration, such as cheesecake and cream pie, likely need a license beyond it. We saw those descriptions in search results and on DACF’s licensing page; we could not open the PDFs, so ask DACF about any specific product.
| Food | Allowed? |
|---|---|
| Cookies, brownies, breads, cakes and other baked goods that do not need refrigeration | Yes DACF says most baked goods need a Home Food License |
| Candy and confections | Yes |
| Jams and jellies | Yes |
| Pickles and other acidified foods | Ask DACF DACF includes some shelf-stable pickles; recipe review is likely |
| Cheesecake, cream pies and other foods that need refrigeration | Different license a license beyond the Home Food License is likely required |
| Fresh produce from a farm stand | Exempt a farm stand selling primarily fresh produce is not required to be licensed |
| Meat and poultry | No state meat and poultry rules apply without exception |
Maine exempts some businesses from licensing entirely. Under 22 M.R.S. section 2152(4-A), farm stands and farmers markets that sell primarily fresh produce, and operations that only wash whole produce or dry a single herb, are not required to be licensed. The exemption does not mention baked goods or home food processing. If you sell baked goods at a farmers market, section 2174 lets a licensed person display breads, rolls, flatbreads, cakes, cookies, pies and other pastries unpackaged.
The Maine Food Sovereignty Act
The Maine Food Sovereignty Act (7 M.R.S. sections 281 to 286, enacted in 2017 and amended in 2025) says a municipality or plantation may adopt ordinances about traditional foodways and direct producer-to-consumer transactions. A county may do the same for unorganized territory. The state may not enforce food laws or rules for transactions that the ordinance governs. The 2025 amendment says the chapter applies to local food ordinances including those adopted before October 31, 2017, and does not require a specific form for an ordinance. Details we confirmed:
- Who is a consumer. An individual who buys food solely for consumption by the individual or the individual’s family.
- What a direct sale is. A sale on the property or premises, at roadside stands, fundraisers and farmers markets, or through buying clubs, deliveries or community supported agriculture programs.
- Meat and poultry. DACF must enforce the state meat and poultry rules without exception.
- Other sales. If you sell for purposes other than direct producer-to-consumer transactions, you must comply with all state and federal food safety laws.
Each town decides whether to adopt an ordinance and what it says, so read your town’s ordinance if it has one. We found no source stating whether orders placed online and delivered locally are covered; the definition mentions buying clubs and deliveries, so ask your town and DACF.
Maine label requirements
Maine’s misbranding law (22 M.R.S. section 2157) says packaged food must show:
- the name and place of business of, or enough information to identify, the manufacturer, packer or distributor;
- an accurate statement of the quantity of the contents;
- the common or usual name of each ingredient.
Federal rules on major allergens apply too. We did not find a Maine statement such as “made in a home kitchen” in the statutes we read; ask DACF what it expects on labels for licensed home kitchens.
100 Example Road, Portland, ME
Where you can sell
- With a Home Food License: from your home and at wholesale, according to DACF.
- With a town ordinance: direct to consumers on your property, at roadside stands, markets and fundraisers, and through buying clubs, deliveries and CSA programs.
- Farmers markets and fairs: DACF has a separate Mobile Vendor License for selling prepared, packaged foods at markets and fairs, so ask which license your market requires.
- Online and shipping: not addressed in the statutes we read. Ask DACF.
Penalties
Operating without a required license is a civil violation under 22 M.R.S. section 2167, with a fine of up to $500 per offense and possible suspension or revocation of a license. Section 2172 also sets fines for unlicensed operation. Ask DACF what applies to your situation.
Training and insurance
We found no food safety course requirement in the statutes we read, and DACF may set standards by rule. Product liability coverage is worth considering. See our guide to liability, risk and insurance.
Local rules and HOAs
Check your town’s zoning and home business rules, and look for a local food ordinance. Private rules apply too, so check your HOA covenants and lease. For general background, see our planning and zoning guide.
Frequently asked questions
Does Maine have a cottage food law?
We found no cottage food exemption in Maine’s statutes. Homemade food generally needs a DACF license, and some direct sales are covered by local food sovereignty ordinances.
Do I need a license to sell baked goods from home in Maine?
Usually yes: DACF says most baked goods need a Home Food License. A town food sovereignty ordinance may cover direct sales to consumers.
What is the Maine Home Food License?
A DACF license that allows you to make and sell shelf-stable foods from your home kitchen and at wholesale.
What is the Maine Food Sovereignty Act?
A law that lets towns adopt local food ordinances for direct producer-to-consumer sales, in which case the state does not enforce its food licensing laws for those sales.
Does my town have a food sovereignty ordinance?
Ask your town office. Each town decides whether to adopt one.
Can I sell meat from my homestead under a local ordinance?
No. The state meat and poultry program applies without exception.
How much does a Maine home food license cost?
The commissioner sets the fee. We could not find the amount; contact DACF.
Is there a sales limit in Maine?
We found no sales limit in the statutes we read.
Can I sell at a farmers market in Maine?
Often yes, with the right license. DACF has a Mobile Vendor License for markets and fairs, and section 2174 lets a licensed baker display unpackaged baked goods.
Can I sell online or ship homemade food from Maine?
The statutes we read do not say. A license that allows wholesale sales across the United States may help, so ask DACF.
Note on conflicting sources
Some guides describe Maine as having a cottage food law or an exemption for baked goods; we did not find one. The statute that most people cite, 22 M.R.S. section 2152, is the definitions section, and its exemptions cover produce, farm stands and single herbs, not home baking. We could not open DACF’s food safety pages or the DACF and Maine CDC rules (they returned errors for automated requests), and we did not read the Home Food License guide itself. DACF’s description of what the license covers comes from the licensing page and from DACF guidance shown in search results. Some websites use the names Home Food Manufacturer and Home Food Processor differently from DACF. TODO verify: the license fee, the exact foods covered, inspection details, labeling rules, whether the effective date of the 2025 food sovereignty amendments matters to you, and whether orders placed online and delivered are covered by local ordinances.
Official sources
- Maine Revised Statutes, Title 22, sections 2152, 2154, 2157, 2167, 2168, 2171, 2172 and 2174 (food establishments, licensing, labeling and penalties)
- Maine Revised Statutes, Title 7, chapter 8-F, sections 281 to 286 (Maine Food Sovereignty Act, as amended by Public Law 2025, chapter 309)
- Maine Department of Agriculture, Conservation and Forestry, Quality Assurance and Regulations: Permits and Licenses (Home Food License 101, Mobile Vendor License 101 and the farm stand licensing FAQ)
- Your town or county food sovereignty ordinance, if it has one
- Not checked for this page: the DACF and Maine CDC food licensing rules, the Home Food License guide, and the text of Public Law 2025, chapter 309