===== PAGE 1 ===== # Montana Local Food Choice Act (SB199) Guidance DOL Date: September 1, 2026 ## Purpose: The goal of this document is to answer common questions the Department of Livestock (DOL) receives about the Montana Local Food Choice Act, (SB 199 (2021) (Chapter 320, L. 2021), M.C.A. 50-49-203). ## Background: In April 2021, the Montana Local Food Choice Act (MLFCA, the Act) was signed into law. The MLFCA exempted the direct sale of homemade food from producers to end consumers from licensing, certification, packaging, labeling and inspection requirements. These exemptions only apply to producers who sell homemade food in compliance with the requirements of the MLFCA as included in this guidance. The MLFCA exempted poultry producers who slaughter fewer than 1,000 birds in a year from inspection, licensing, and labeling requirements as outlined in the Act. ## MLFCA Poultry Exemption: 1,000 Bird Exemption: A person may slaughter and process on his or her premises, poultry that he or she raised, and distribute such poultry without mandatory inspection when the following five (5) criteria are met: 1. The poultry grower slaughterens no more than 1,000 healthy birds of his or her own raising in a calendar year for distribution as human food; 2. The poultry grower does not engage in buying or selling poultry products other than those produced from poultry raised on his or her own farm; 3. The slaughter and processing are conducted under sanitary standards, practices, and procedures that produce poultry products that are sound, clean, and fit for human food (not adulterated); 4. The producer keeps records necessary for the effective enforcement of the Act [ Title 9 C.F.R. 381.175)]; and 5. These poultry products cannot be sold outside of Montana or whole-saled to other businesses for resale. ===== PAGE 2 ===== Consumers must be informed that the product is not licensed, permitted, certified, packaged, labeled or inspected per any official regulations. ## What other restrictions exist? Can I sell meat or products containing meat? ○ No, under 7 (A) of this law, "...meat or meat products processed at a state-licensed establishment or a federally approved meat establishment, by the producer, or by any third party may not be used in preparation of homemade food..." - Can I sell homemade food containing chicken products that do not qualify under the 1,000 bird exemption? ○ No, products that include other chicken ingredients (ex: store bought chicken stock, chicken bouillon, etc.) cannot be sold under the MLFCA. - Can I sell products containing wild game? ○ No, M.C.A. 87-6-206 states that, "A person may not purposely or knowingly sell, purchase, or exchange all or part of any game fish, bird, game animal, or fur-bearing animal". Can I sell MLFCA homemade food products wholesale to other businesses, like the local grocery store for them to resell? ○ No, according to the Act sales must be made by the person making the food to the person consuming the food. Can I sell MFLCA homemade food products in other states? ○ No, these products can only be made and sold within the state of Montana. Can my home food product be sold or served in a retail food establishment. ○ No, homemade food products cannot be sold or served in retail food establishments, contact Montana Department of Health and Human Services for more information. Can my home food product be prepared on-site or in a commercial kitchen? ○ No, food produced under the Act must be prepared in a private home. Licensing, such as a temporary permit may be required for onsite preparation, contact Montana Department of Health and Human Services for more information. ===== PAGE 3 =====
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What should I do if someone is selling products that are not compliant with this law? For products containing meat, poultry, and/or dairy: Notify the Department of Livestock by phone at 406-444-5202 or by email at LIVFoodSafety@mt.gov. ○ For products containing rabbit: Notify the Department of Health and Human Services. For products containing drugs, or dietary supplements: Notify the Department of Health and Human Services. For products containing alcohol or marijuana: Notify the Department of Health and Human Services and the Department of Revenue. ## Applicable Definitions: Cottage Food Products (Montana Code Annotated (M.C.A.) 50.50.1 (4)): foods that are not potentially hazardous and are processed or packaged in a cottage food operation, including jams, jellies, dried fruit, dry mixes, and baked goods. Other similar foods that are not potentially hazardous may be defined by the department by rule. Potentially hazardous food (M.C.A. 50.50.1(16)): foods that require time and temperature control for safety to limit toxin formation or the growth of pathogenic microorganisms. Homemade Food (M.C.A. 50-49-202 (3)): food or a food product that is prepared in a private home and that is not licensed, permitted, certified, packaged, labeled, or inspected per any official regulations. Informed end consumer (M.C.A. 50-49-202(4)): A person who is the last person to purchase a product, does not resell the product, and has been informed that the product is not licensed, permitted, certified, packaged, labeled, or inspected per any official regulations. Livestock ( M.C.A. 81-2-702 (5)): cattle, horses, mules, asses, sheep, llamas, alpacas, bison, swine, ostriches, rheas, emus, goats, alternative livestock as defined in M.C.A. 87-4-406, and other animals. Meat ( M.C.A. 81-9-217(7)): the edible flesh of livestock or poultry and includes livestock and poultry products. ===== PAGE 4 ===== Temporary Food Establishment (M.C.A. 50-50-102(22)): a retail food establishment that in a licensing year either: (a) operates at a fixed location for no more than 21 days in conjunction with a single event or celebration; or (b) uses a fixed menu and operates within a single county at a recurring event or celebration for no more than 45 days.