Notes

Maine was the first state to have cottage food laws in place, and thirty years later, they are still in effect. The laws are actually quite flexible and don’t have a lot of the restrictions typically found in modern cottage food laws. Basically, anything that is tested as non-potentially hazardous is fair game, but unlike most states, they do require processors to test every single product they sell. In addition, processors must sign up for a license and get their home inspected, but beyond that, almost everything is positive about these laws: the fees are low, processors can sell anywhere they’d like, and there is no limit as to how much they can sell.

In fact, at least fifteen towns in Maine (the first being Sedgwick) have taken it a step farther — they have removed regulations from all local foods that are directly sold. Read more about it here and here.

Maine introduced a new bill (LD 783) in 2015 that would (if passed) change the state constitution to list the “Right to Food” as an unalienable right for its citizens. This would be very similar to the Wyoming Food Freedom Act, since it would allow residents to purchase food from any source, without the government being able to regulate it.

Selling

Allowed Venues
Events Farmers markets Home Online Restaurants Retail stores Roadside stands
Allowed Services
Delivery Mail order
Allowed Foods

Bread
Bagels Biscuits Breads Brownies Cakes Cookies Doughnuts Muffins Pizzelles Rolls Scones Sweet breads Tortillas
Candy
Brittles Candies Chocolate Cotton candy Fudge
Condiments
Pickles
Dry goods
Cereals Dried fruit Dried vegetables Herbs Mixes Pasta
Pastries
Cones Other Pastries Pies
Preserves
Jams & jellies
Snacks
Caramel corn Chocolate-covered items Crackers & Pretzels Granola Marshmallows Nuts & seeds Popcorn
Every product must be tested.

Only "non-potentially hazardous" foods are allowed, but certain non-PHFs may not be allowed. Most foods that don't need to be refrigerated (foods without meat, cheese, etc.) are considered non-potentially hazardous. Learn more
Limitations

There is no sales limit
Business

License
The license costs $20.

Product testing
Each product must be tested first, which costs $10 per product.

Home inspection
Before issuing a license, the department must do a home inspection to ensure sanitary food preparation conditions.

Labeling

Label Requirements
Allergens
Business address
Business name
Ingredients
Net amount
Product name
Sample Label
Chocolate Chip Cookies
Forrager Cookie Company
123 Chewy Way, Cookietown, ME 73531
Ingredients: enriched flour (wheat flour, malted barley flour, niacin, iron, thiamin mononitrate, riboflavin, folic acid), butter (cream, salt), semi-sweet chocolate (sugar, chocolate, cocoa butter, milkfat, soy lecithin, natural flavors), brown sugar, granulated sugar, eggs, vanilla extract (vanilla bean extract, alcohol, sugar), baking soda, salt (salt, calcium silicate)
Contains: milk, eggs, wheat, soy
NET WT 2 lb 4 oz (1.02 kg)
Producers that sell over $50,000 of goods a year must include nutritional info on their labels.

Workplace

There are a number of workplace requirements listed in the food code.

Resources

Favicon for http://www.maine.gov/sos/cec/rules/01/001/001c345.doc
Chapter 345: Home Food Manufacturing
Favicon for http://www.maine.gov/agriculture/qar/qarforms/index.htm
Maine License Application (link to "home food")
Favicon for http://extension.umaine.edu/food-health/resources-for-small-food-businesses-in-maine/assistance/
Resources for Small Food Businesses in Maine
Favicon for http://extension.umaine.edu/publications/3101e/
How to Start a Specialty Food Business in Maine
Favicon for http://davidgumpert.com/heres-a-way-to-eliminate-the-regulators-and-lawyers-and-build-community-at-the-same-time-organize-and-declare-food-sovereignty-like-sedgwick-maine
Organize and Declare "Food Sovereignty," like Sedgwick, Maine
Law Dates
December 1980
Home Food Manufacturing
This page was last updated on October 13th, 2012
Comments


JENNA

Do you have any information specifically regarding homemade salad dressing?

6:06 PM - NOVEMBER 14, 2015

Reply
Profile photo of David
DAVID

I believe you need to produce salad dressing in a commercial kitchen. http://forrager.com/faq/#commercial

8:15 PM - NOVEMBER 14, 2015


LUCA

Thank you. This is a great article. We are currently in the process of determining whether starting an activity based on local produce and homemade foods can make sense for us. I noticed that dried pasta seems to be exempt based on its non hazardous nature. Do you know how fresh egg pasta is treated, if it requires licensing, and which kind? Our idea would be to use Farmers Markets as primary venues .
Thank you so much

10:04 AM - OCTOBER 28, 2015

Reply
Profile photo of David
DAVID

I believe you need to use a commercial kitchen to sell pasta that isn’t dry. http://forrager.com/faq/#commercial

3:42 PM - OCTOBER 29, 2015


SCOTT

We presently operate a small B&B in Maine. We are considering offering baked goods through the mail and/or as a take-away package for our guests. What do we need to do to be compliant with all applicable laws.

8:44 AM - OCTOBER 25, 2015

Reply
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DAVID

I’m not really sure. B&B’s have different requirements, and I’m not sure if they can also be used for a home food manufacturing business. You should contact the ag dept to learn more.

6:27 PM - OCTOBER 25, 2015


HELENE KISKIS

looking for info on selling from home.

8:19 AM - SEPTEMBER 9, 2015

Reply
Profile photo of David
DAVID

What sort of info are you looking for, specifically? This law is all about how to sell from home.

10:10 PM - SEPTEMBER 11, 2015


PAT FRENCH

Hi I work for a non profit agency and we will be doing a few one day events in different communities We would like to sell cotton candy. What do we need to do legal for any license requirements or anything else that we need to be informed.

12:26 PM - JUNE 16, 2015

Reply
Profile photo of David
DAVID

This law’s requirements pertain to items produced at home. Would you be preparing the cotton candy on-site? There are special requirements for those types of businesses, and I recommend you contact the ag dept for specific info.

4:41 PM - JUNE 16, 2015

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