Food Product Liability Workshop Series

Understanding Liability and Opportunities for Selling Food Under the New Montana Food Choice Act

The new Montana Local Food Choice Act (or Food Freedom Law) opens up opportunities for producers and small businesses to sell additional food products without a license. Products include: 

  • Raw milk and dairy products
  • Poultry
  • Fermented foods, like pickles, kimchi, and more 
  • Pestos, salsas, sauces, and other processed goods 
  • Foraged foods, like mushrooms 
  • Perishable baked goods
  • Processed and frozen vegetables
  • Prepared meals

Producers who wish to sell any of the above products should be aware of the liability risk of selling without a license, registration, or inspection. That’s why this November, in partnership with Farm Commons, AERO hosted two free digital workshops addressing the opportunities and risks associated with the sale of food under the new Food Freedom Law. Farm Commons is the leading national resource for farmers and ranchers providing knowledge and skills needed to resolve key legal vulnerabilities. The series is designed to support producers and farmers’ market managers in understanding the new law and the steps to take against possible liability issues. 

Workshop 1: Legal Liability and Food Related Incidents

November 3, 2021, 3:00-4:00pm

This first workshop focused on the general legal concepts surrounding liability, especially for food related incidents. We outline when and how legal liability for a food related incident is assigned and how producers and food business owners generally manage these liabilities. 

This workshop is designed to help producers manage liability and develop legal resilience regardless of whether their product is exempt from licensure under the Food Freedom Law. 

Workshop 2: Decoding Montana Food Freedom

November 10, 2021, 3:00-4:30pm

This second workshop focuses on the recently passed Montana Local Food Choice Act, also called the Food Freedom Law. The workshop helps producers, food manufacturers, cottage food operators and farmers’ market managers understand what is and is not permitted under the new law, clarifying the opportunities and challenges presented by the Montana Local Food Act. It also highlights the effect of the law on traditional legal liability for a food related incident. 

Cottage Food: Opportunities and Lessons Learned from 5 Years of Cottage Food Operation in Montana

AERO is working with the Montana Department of Public Health and Human Services- Food & Consumer Safety Section on a project to improve cottage food law understanding for producers and registered sanitarians across the state, and to assemble a working group to draft changes to the administrative rule for the cottage food exemption.

Registered cottage food operators, curious local food producers, sanitarians- registered and in training, joined us Tuesday, January 26 9am-2:30pm for a cottage food training.

Workshop Agenda & Contact Information

Packaging: Alternatives to Petroleum-based Plastics

Heidi Drivdahl-Noyes, Chief EcoManiac, EcoMontana
Karl Johnson, Owner & Operator, YES Compost
Heather Babineau-Z, Owner & Operator, Whole and Nourished

Warehouse Tour, Presentations & Discussion Recording 1:01

Profile of a Zero Waste Farmers Market

An interview with Gretchen Boyer, Executive Director of FarmHands Nourish and member of the Whitefish Farmers Market Organizing Committee who led the effort for Whitefish’s first zero-waste market season in 2020.

Learn more about greenwashing and what can be composted from Montana composting companies that offer commercial services to close the loop on compostable products:

Happy Trash Can FAQs

YES! Compost: Compost Basics

Dirt Rich 


Cottage Food Technical Assistance Video Series

AERO, in support of growing local food economies, produced a series of technical assistance videos for cottage food operators. This series addresses topics identified in a statewide needs assessment, town halls, and interviews with cottage food operators. The first three videos cover marketing concepts and how these concepts apply to cottage food businesses, the next two videos address small business management and managing financial risk, and the final video is a tutorial specific to completing a cottage food registration application.

IF YOU WATCH ANY OF THESE VIDEOS, kindly take 1 minute to answer this quick survey. Your participation supports continued funding for this work! 

Cottage Food Virtual Toolkit

Develop skills and gain knowledge that will set up your cottage food business for success. Continue to access cottage food resources after the workshop with our virtual toolkit. Recordings of workshop modules will be posted, along with any handouts.

MT DPHHS – Food & Consumer Safety Section

Cottage Food Page

 Find: Link to Cottage Food Statute
Cottage Food Application Fillable PDF

FAQs on Cottage Food & Honey

Find your county sanitarian’s office contact information

Cottage Food Frequently Asked Questions

Montana’s Food Laws & Rules: Cottage food & farmers’ markets

Workshop Presentation Slides by Nina Heinzinger, PhD, RS/REHS, Public Health Sanitarian, Food & Consumer Safety Section

Recording 56:25

List of Allowable/Approved Cottage Foods

What ingredients are allowed in regular food?

Ingredients allowed in human food nearly always fall into one of the following categories*
1. Conventional food
2. Approved additives
3. Generally recognized as safe (GRAS).

Frequently Asked Questions About
GRAS for Substances Intended for
Use in Human or Animal Food: Guidance for Industry

All foods sold under the Texas Cottage Food Law must not require time or temperature control for safety (TCS), therefore the recipes sold here would qualify in Montana.

MT Cottage Food Business: How this all got started by Jan Tusick

Recording 44:47

Checklist for Cottage Food Labeling Requirements

Home Kitchen Food Safety for Cottage Food Operators

MT Cottage Food and Farmers’ Market Regulations

Getting Started

Are you interested in starting a food business?

Montana's Food & Ag Development Centers

The network of 8 centers provides training, coaching and technical assistance, including:

  • Product development, testing and analysis
  • Regulatory compliance training
  • Food processing
  • Business planning and development
  • Market research
  • Business networking
  • Access to financing
  • Cooperative development
  • Education on industry dynamics and technologies

Abundant Montana: Connecting you with Montana Food

Whether you are searching for local food ingredients for your products or getting the word out about your Montana food business, Abundant Montana would love to add you to our growing food system directory of over 330 listings.

Contact [email protected] to reach an Abundant Montana Outreach Coordinator to create your listing today

Food Business Resources

Small Business Development Centers

MT Department of Agriculture

MT Department of Commerce

MT Secretary of State – Register your business 

Which type of food operation is right for your business?

COVID-19 Resources for Cottage Food Operators

COVID-19 resources for our farm, food systems, and business clients

Farm Commons Podcasts and Print materials to make legally resilient farm and food business decisions during COVID-19

Safe Face-to-Face Options:

Adding Pick-up and Order Options at Farmers Markets

Checklist for Adding Home Delivery of Farm Goods Without Adding Legal Risk

Diversifying Farm Sales in Response to COVID-19

Safe home kitchens, sampling, and sales to cottage food customers during COVID-19

Presentation & Discussion Recording 53:55

Our Funder

Alternative Energy Resources Organization

Mailing address: PO Box 1558, Helena MT 59624

Physical address: 32 S Ewing St #333, Helena MT 59601