Selling at and running markets in Montana.
Montana has no general state sales tax, so vendors need no state seller's permit, though some resort areas levy a local resort tax. Cottage food operators register with their county health authority, and the Local Food Choice Act allows some homemade food sales at community events. Temporary food permits come from local health authorities. Business licenses are local.
Updated
Sales tax.
No general state sales tax
The Department of Revenue states that Montana does not have a general-use sales tax, so there is no state sales tax permit for market vendors. A local resort tax of up to 3% applies in designated resort areas to lodging, restaurants, bars and certain recreational facilities.
- Who
- Vendors
- From
- Montana Department of Revenue
- When
- Selling goods at a market or event in Montana
Selling homemade food (cottage food).
At a glance: registration, a $40 state fee. Compare all 50 states.
Cottage food operation registration
Operators register with the local health authority in the county of their home, providing product and label details. Sales must be face to face and direct to the customer, not through shipping services, grocery stores or restaurants, and operations are inspected only after a complaint or illness.
- Who
- Vendors
- From
- Local health authority in the operator's county; Montana DPHHS Food and Consumer Safety Section
- When
- Selling non-potentially hazardous foods made in a home kitchen, except when selling only exempt items at a farmers market
- Fee
- $40.00 one-time registration fee
Montana Local Food Choice Act
Producers selling homemade food to informed end consumers within Montana are exempt from licensing, certification, packaging, labeling and inspection. A farmers market may still require its vendors to be licensed, registered or permitted through the local health authority as a condition of participation.
- Who
- Vendors
- From
- Montana DPHHS Food and Consumer Safety Section
- When
- Producers selling homemade food for home consumption or at a traditional community event such as a farmers market
Temporary food permits.
Temporary food establishment permit
Montana law requires a temporary food establishment to hold a permit from the local health regulatory authority on a state-approved form. For-profit operations pay a permit fee to the local authority, and nonprofit operations are exempt from the fee and may sell cottage food products without registering.
- Who
- Organizer and vendors
- From
- Local health regulatory authority (county health department); Montana DPHHS sets the form and rules
- When
- Food operations at a fixed location for no more than 21 days at a single event, or with a fixed menu at a recurring event in one county for no more than 45 days
Farmers markets and produce.
Farmers market vendor registration records
Selling non-potentially hazardous food, whole shell eggs, hot coffee or tea, and raw agricultural commodities at a farmer's market does not make a seller a retail food establishment. The market keeps name, address, phone, products and sale dates for exempt food sellers and makes them available to the local health authority; packaged food needs a label.
- Who
- Organizer
- From
- Montana DPHHS Food and Consumer Safety Section; local health authority
- When
- Markets authorized by a municipal or county authority where vendors sell food exempt from licensure
Business registration.
Local business licenses; Secretary of State registration
The Department of Commerce's small business pages say local city and county offices provide all business licensing in Montana. Business registration and assumed business names go through the Secretary of State.
- Who
- Organizer and vendors
- From
- City and county offices; Montana Secretary of State
- When
- Starting a business in Montana
City and county permits in Montana.
Event permits, vendor licenses and food permits are mostly local. Pick your city or county:
Collect the paperwork with each application.
Ask vendors for their sales tax registration, cottage food registration or food permit and insurance certificate as required documents on your application form, and check them before you approve anyone.
Where the sources are unclear.
- Because Montana has no general sales tax, there is no state promoter duty about vendor sales tax; local resort tax rules apply only in designated resort areas.
- Check the market itself for stricter rules; the DPHHS guidance says markets may require vendors to be licensed or permitted even where state law does not.
- The Local Food Choice Act guidance names the statute as Mont. Code Ann. 50-49-201 and following; the state legislature's text was not separately read.
- Local ordinances may ban sales without a local business permit, even where state food law allows the sale (DPHHS cottage food FAQ).
Common questions.
Do I need a sales tax permit to sell at a craft fair in Montana?
No general state sales tax (Montana Department of Revenue): The Department of Revenue states that Montana does not have a general-use sales tax, so there is no state sales tax permit for market vendors. A local resort tax of up to 3% applies in designated resort areas to lodging, restaurants, bars and certain recreational facilities.
Can I sell homemade food at a farmers market in Montana?
Cottage food operation registration (Local health authority in the operator's county; Montana DPHHS Food and Consumer Safety Section): Operators register with the local health authority in the county of their home, providing product and label details. Sales must be face to face and direct to the customer, not through shipping services, grocery stores or restaurants, and operations are inspected only after a complaint or illness. Montana Local Food Choice Act (Montana DPHHS Food and Consumer Safety Section): Producers selling homemade food to informed end consumers within Montana are exempt from licensing, certification, packaging, labeling and inspection. A farmers market may still require its vendors to be licensed, registered or permitted through the local health authority as a condition of participation.
Who issues temporary food permits for events in Montana?
Temporary food establishment permit (Local health regulatory authority (county health department); Montana DPHHS sets the form and rules): Montana law requires a temporary food establishment to hold a permit from the local health regulatory authority on a state-approved form. For-profit operations pay a permit fee to the local authority, and nonprofit operations are exempt from the fee and may sell cottage food products without registering.
Do I need a state business license to be a vendor in Montana?
Local business licenses; Secretary of State registration (City and county offices; Montana Secretary of State): The Department of Commerce's small business pages say local city and county offices provide all business licensing in Montana. Business registration and assumed business names go through the Secretary of State.
Sources.
This page summarizes official state sources and isn't legal or tax advice. Rules and fees change; confirm with each agency.
Every fact on this page comes from these official pages, checked on 2026-10-11. Details change; tell us at hello@bzar.app if something here is out of date.
- https://revenue.mt.gov/taxes/general-sales-tax
- https://revenue.mt.gov/taxes/miscellaneous/local-resort-tax
- https://dphhs.mt.gov/assets/publichealth/FCS/CottageFood/cottagefoodfrequentlyaskedquestions2024.pdf
- https://dphhs.mt.gov/publichealth/EHFS/cottagefoodfarmersmarkets
- https://dphhs.mt.gov/assets/publichealth/FCS/RetailFood/RetailFoodMCA.pdf
- https://dphhs.mt.gov/assets/publichealth/FCS/CottageFood/MLFCAGuidanceDoc-FAQ10.1.23.pdf
- https://dphhs.mt.gov/assets/publichealth/FCS/CottageFood/FarmersMarketGuidlines.pdf
- https://commerce.mt.gov/Business/Programs-and-Services/small-business-development-center/I-have-a-start-up/Licensing
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