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Use this kit as a general overview of what it would take to open a food business in Montgomery County, Maryland.
Beyond the general steps required to
start your business there are certain considerations that specifically apply to businesses that are making food products.
When you are starting a food business, there are several considerations that will impact your decisions regarding a location.
The most simple and low-risk food businesses are governed by the Maryland
Cottage Food Business Law, and can be made in a home kitchen.
Once you exceed the limits of the Cottage Law, you’ll need to make your product in a licensed kitchen. You can either rent space in an existing commercial kitchen or build your own.
If you decide to build your own space, you will need to familiarize yourself with the County’s zoning regulations and policies.
Zoning
Montgomery County and jurisdictions throughout the country use
zoning as part of an overall approach to strategically regulating land use. The zoning code is used to regulate the form (size, shape height and mass) of a building and the uses that are allowed on the property.
Montgomery County Planners have rewritten the County's zoning code and have modernized zoning regulations. They have created a new interactive
digital zoning map to look up zoning and property information.
Food businesses that plan to build or remodel a food service facility should review the information available from the
Plan Review Division of the Department of Health and Human Servcies.
In addition, please review information available from the Montgomery County
Department of Permitting Services if your plans include building a new facility or altering an existing facility.
Depending on your location, you may fall under one of several municipalities in Montgomery County that have their own planning and zoning requirements:
Consumers have choices for electric and gas utility services. You may obtain a complete list of these companies from the Maryland Public Service Commission’s
utility listing.
It is a good idea to schedule a
preliminary design consultation with the Department of Permitting Services once you have a general idea of what your project will entail.
The Maryland Department of Health and Mental Hygiene and the Montgomery County Department of Health & Human Services issue licenses for a variety of food businesses.
Please be sure to display the license, not the application, in plain view. Failure to do so may result in fines and/or penalties.
License Renewal
All business licenses expire on April 30th regardless of when during the year they were purchased. All renewal licenses are effective on May 1st. The license cost is prorated in most cases if you start your business at a later time of the year.
Food licenses expire on January 31st every year and must be renewed annually.
Employers in Montgomery County should be aware of regulations regarding employment practices. Visit the Montgomery County
Office of Human Rights for more information.
All food service facilities must be under the immediate control of a
Certified Food Service Manager. In addition food service facilities that are required to be under the immediate control of a certified food service manager must have an employee who has completed a
food allergen awareness training course, and passed the course test, on premises at all times when food is being prepared or served.
The Certified Food Manager is a 3-year issuance from the date the individual passes the exam. The allergen certification is good for 5 years.
In addition, in order to be in good standing with the State of Maryland, an annual Business Personal Property Tax return must be filed and
Business Personal Property Taxes paid to Montgomery County.
If you operate a retail location, you may be required to collect and submit the
Montgomery County Bag Tax.
Additional Resources
Selling Food Products at Farmers Markets
Montgomery County has a growing number of food product businesses. A first step for many of these businesses is to sell their products at Farmers Markets. Learn more about the rules that govern food preparation for sale at Farmers Markets.
Guidelines for Building or Remodeling a Food Service Facilty
When you're planning to build or remodel a building that will be used to produce and/or sell food to the public, there are many considerations that must be taken into account. Learn more bout the specific rules that may apply.
Food Business Plan
Workbook
The Penn State Cooperative Extension Office has developed a resource to help potential food entrepreneurs think through the steps required to start and run a food business. Completing this comprehensive resource should be a first step to starting a food business.