The regulations in Maryland permit individuals to produce specific food items in their home kitchens and sell them directly to consumers. These items, often referred to as cottage foods, typically encompass non-potentially hazardous goods like baked goods, jams, jellies, and certain candies. For instance, an individual could bake and sell cookies at a local farmers market, operating under the framework provided by these rules.
These regulations foster entrepreneurship by lowering the barriers to entry for small-scale food businesses. They allow individuals to generate income from home-based operations, contributing to the local economy and offering consumers access to unique, locally sourced products. Historically, these provisions reflect a movement towards supporting small businesses and recognizing the viability of home-based food production under appropriate safety guidelines.
Understanding the specifics of these regulations, including permitted items, labeling requirements, and sales restrictions, is crucial for anyone considering starting a home-based food business in Maryland. The subsequent sections will delve into these key aspects, providing a detailed overview of the operational requirements and limitations.
1. Permitted Food Types
The ability to legally produce and sell food from a home kitchen in Maryland hinges directly on the concept of Permitted Food Types. This is where the rubber meets the road, the point at which a hopeful entrepreneur discovers if their signature creation aligns with state guidelines. It’s a critical juncture, as not all culinary delights are created equal in the eyes of the law.
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The Non-Potentially Hazardous Imperative
The core principle is non-potentially hazardous foods. These are items that, due to their low water activity or high acidity, do not readily support the growth of harmful bacteria. Think of jams and jellies with sufficient sugar content, or baked goods that are dry and stable. The aim is to minimize the risk of foodborne illness, ensuring consumer safety is paramount. For example, a carefully crafted fruit preserve, tested to meet acidity standards, would likely fall under this umbrella, while a cream-filled pastry left unrefrigerated would almost certainly not.
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Baked Goods: A Foundation of Cottage Industry
Cakes, cookies, breads, and similar items often form the backbone of a home-based food business. However, even within this seemingly straightforward category, complexities arise. While a simple chocolate chip cookie is generally acceptable, a cookie topped with a perishable cream cheese frosting may not be. The distinction lies in the potential for bacterial growth, highlighting the need for producers to understand the nuances of ingredient stability.
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The Case of the Misunderstood Ingredient
Sometimes, an ingredient can unexpectedly render a product impermissible. Consider honey, often a safe choice on its own. However, adding it to a product intended for infants is strictly prohibited due to the risk of infant botulism. Similarly, nuts, while generally acceptable, must be clearly labeled due to allergen concerns. Thus, careful ingredient selection and labeling are key to compliance with the relevant regulations.
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Navigating the Grey Areas: Local Health Department Interpretation
While the core tenets are clearly defined, interpretations can vary slightly by local health department. A product permissible in one county might face scrutiny in another. This underscores the importance of proactive communication with local authorities. Seeking clarification upfront can prevent costly mistakes and ensure adherence to the specific standards in a given jurisdiction.
Ultimately, the permissible food types allowed under this set of guidelines represent a balance between fostering small business opportunities and protecting public health. Understanding the rationale behind these regulations, and the specific requirements for each product category, is essential for any aspiring home-based food producer. By adhering to these provisions, entrepreneurs can confidently offer their creations to the public, contributing to the vibrant tapestry of the local food economy while upholding the highest standards of safety and quality.
2. Labeling Requirements
Within the framework of regulations governing home-based food businesses in Maryland, labeling requirements emerge not merely as a bureaucratic hurdle, but as a vital bridge connecting producers and consumers. This legal obligation translates into a pact of transparency, ensuring those who purchase homemade goods are fully informed about the product’s origin, ingredients, and potential allergens. The absence of this vital information can transform a delightful treat into a health hazard, underscoring the significance of precise and compliant labels.
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The Common Name Imperative
Every item offered for sale must bear its common name. This seemingly simple requirement clarifies any ambiguity about what exactly is being purchased. A jar labeled “Grandma’s Secret Recipe” lacks the necessary specificity; it must be identified as “Strawberry Jam” or “Apple Butter.” This immediate clarity allows consumers to quickly identify the product and make informed decisions.
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Ingredient Declaration: A Complete List
Beyond the product name, a comprehensive list of ingredients, in descending order of predominance, is mandatory. This level of detail protects individuals with sensitivities or allergies. For instance, a cookie containing walnuts must explicitly list “walnuts” among its ingredients, alerting consumers to a potential allergen. The omission of this information could have serious consequences, highlighting the ethical and legal responsibility placed upon the producer.
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The Producer’s Identity and Location
Each label must include the name and address of the individual or business producing the food. This accountability measure provides consumers with recourse should a problem arise and establishes a point of contact for inquiries or concerns. Knowing the origin of the product fosters trust and transparency, reinforcing the connection between producer and consumer.
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The “Made in a Cottage Food Operation” Statement
A specific declaration must be prominently displayed: “Made in a Cottage Food Operation That is Not Subject to Maryland’s Food Safety Regulations.” This statement ensures consumers understand the food was produced in a home kitchen, which is not subject to the same level of regulatory oversight as a commercial facility. It serves as a clear disclaimer, allowing consumers to make informed choices based on their own comfort levels.
Collectively, these labeling provisions within Maryland’s home-based food production guidelines represent a commitment to consumer protection and transparency. They are not mere formalities but rather essential safeguards that enable informed purchasing decisions and foster trust within the local food community. Adherence to these requirements is not just a legal obligation but a demonstration of responsibility and ethical conduct on the part of the home-based food producer.
3. Direct Sales Only
Within the carefully constructed framework governing home-based food operations in Maryland, the “Direct Sales Only” stipulation functions as a cornerstone, shaping not just how these businesses operate, but their very essence. It restricts the avenue of commerce to a direct interaction between producer and consumer, creating a unique marketplace dynamic. This facet is not merely a logistical constraint; it represents a philosophical choice, emphasizing community engagement and personal connection over widespread distribution.
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Farmers Markets: The Epicenter of Cottage Commerce
The image of a sun-drenched farmers market, bustling with activity, is inextricably linked to the concept of “Direct Sales Only.” Here, the baker extends a sample of freshly baked bread, the jam maker recounts the story behind the orchard’s harvest. This is the intended arena. The “Direct Sales Only” rule funnels home-based food producers into these environments, fostering a connection between the creator and the consumer that is often absent in larger retail settings. It’s about more than a transaction; it’s about knowing who made your food and how it was made.
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Farm Stands and Community Events: Extending the Reach
Beyond the traditional farmers market, “Direct Sales Only” also encompasses farm stands situated on the producer’s property and participation in local community events. A small roadside table laden with homemade pies or a booth at the town’s annual festival represent legitimate outlets. This allows producers to reach a wider audience while maintaining the personal connection inherent in direct sales. It also restricts them from, for example, stocking shelves at a grocery store or partnering with a distributor to reach a broader market.
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The Prohibition of Wholesale: A Deliberate Limitation
Perhaps the most significant implication of “Direct Sales Only” is the prohibition of wholesale. Home-based food producers cannot sell their goods to retailers for resale. This restriction, while potentially limiting the scale of the business, is intentional. It ensures that the food remains within the realm of direct producer-consumer interaction, maintaining transparency and accountability. It also protects larger, commercially licensed food businesses from unfair competition.
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Online Sales with Direct Delivery/Pickup: Navigating the Digital Age
The rise of online commerce presents a complex challenge to the “Direct Sales Only” principle. Maryland permits online sales only if coupled with direct delivery to the consumer or in-person pickup. This allows for the convenience of online ordering while still maintaining the direct interaction. It prevents producers from shipping products across state lines or using third-party delivery services that would circumvent the intention of the “Direct Sales Only” rule.
In essence, “Direct Sales Only” serves as a guardian of the unique identity of Maryland’s home-based food businesses. It channels them into local marketplaces, encourages personal connections, and prevents them from becoming indistinguishable from larger commercial operations. This restriction is not merely a rule; it’s a defining characteristic, shaping the landscape of the state’s cottage food industry and emphasizing the value of community, transparency, and direct interaction.
4. Gross Revenue Limit
The story of Maryland’s home-based food operations is, in many ways, a tale of ambition tempered by regulation. At the heart of this narrative lies the Gross Revenue Limit, a carefully drawn line that dictates the scope and scale of these fledgling enterprises. It is a cap, not an arbitrary barrier, but a threshold designed to distinguish between a hobby-turned-business and a full-fledged commercial operation. The regulations establish this limit, an amount adjusted periodically, as the maximum gross revenue a home-based food business can generate within a calendar year. Exceeding this number triggers a mandatory shift, requiring the business to obtain the licenses and permits applicable to conventional food establishments. For example, a baker whose initial dream was to sell a few loaves of sourdough at the local market might find their popularity soaring. Should the income from those sales surpass the predetermined limit, the baker confronts a choice: scale down production or invest in a commercial kitchen, adhering to a more rigorous set of standards.
The importance of understanding this Gross Revenue Limit cannot be overstated. It affects decisions regarding marketing, production, and investment. A producer approaching the limit may strategically limit their output, focusing on higher-margin items or exploring alternative sales channels that, while potentially lucrative, do not contribute to the regulated revenue. This also affects tax obligations and requires meticulous record keeping. Consider a jam maker who experiments with exotic fruit combinations, increasing prices to remain within the revenue constraints while catering to a niche market. This approach allows them to maintain their home-based operation while maximizing profitability, showcasing a practical adaptation to regulatory requirements.
Ultimately, the Gross Revenue Limit serves as a crucial component of the regulatory structure governing Maryland’s home-based food economy. It acknowledges the vital role these small businesses play in local communities while safeguarding consumer health and ensuring fair competition with established commercial entities. While it presents a challenge for some, it also fosters innovation and strategic planning, defining the landscape of home-based food production in Maryland. The requirement provides a clear, albeit sometimes daunting, path for businesses to evolve from home kitchens to fully licensed establishments, contributing to the state’s diverse food industry.
5. No Interstate Sales
The prohibition against interstate commerce stands as a silent guardian at Maryland’s borders, an unseen force shaping the ambitions of home-based food entrepreneurs. The law, permitting the creation and sale of specific food items from domestic kitchens, draws a definitive line at state boundaries. A batch of cookies, lovingly crafted in a Maryland home, might find eager customers at a local farmers market, but it cannot legally cross into Delaware or Virginia for sale. This isn’t merely a technicality; it is a fundamental constraint defining the scope and reach of these small businesses, a constant reminder that their sphere of influence remains confined within the Old Line State.
Consider the case of a Maryland baker, renowned for her unique spice cookies, who received numerous requests from customers living in neighboring states. Tempted by the prospect of expanding her reach, she investigated the possibility of shipping her creations across state lines. She was, however, met with the stark reality of the interstate sales restriction. She was faced with a difficult choice: to either decline these orders or to invest in a commercial kitchen and obtain the necessary permits to legally engage in interstate commerce. Her story illustrates the practical implications of this rule, the limitations it imposes, and the decisions it forces upon aspiring entrepreneurs operating within the framework of the Maryland legislation.
This restriction, seemingly straightforward, serves several critical functions. First, it simplifies the regulatory landscape. Marylands health department is responsible for ensuring the safety of food sold within its borders; policing sales across state lines would be an exponentially more complex undertaking. Second, it prevents small, home-based operations from competing directly with larger, commercially licensed food businesses that have invested in the infrastructure necessary to meet federal regulations. Lastly, it reflects the inherent understanding that home kitchens, while capable of producing safe and delicious food, lack the rigorous oversight demanded for wider distribution. The No Interstate Sales provision is not an obstacle, but a defining characteristic, shaping the essence of the home-based food industry and emphasizing local connections within Maryland.
6. Kitchen Standards
Within the legal boundaries of “maryland cottage food law,” the concept of Kitchen Standards emerges as a subtle yet foundational element. It is not a rigid set of codified regulations mandating stainless steel surfaces and sanitized airlocks. Instead, it exists as an understood expectation, a silent partner in the agreement between the state and the home-based food producer. While not inspected in the same manner as a commercial kitchen, the unwritten rule of maintaining a safe and sanitary environment pervades the entire operation.
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Cleanliness and Sanitation
Imagine a home baker, flour dusting every surface, children occasionally darting through the kitchen, and the family dog napping in a corner. Now consider the expectation that despite this domestic normalcy, the baker must maintain a level of cleanliness that prevents contamination of the food destined for public consumption. Counters must be sanitized, equipment washed thoroughly, and pets kept away from food preparation areas. This implicit demand for cleanliness reflects a moral responsibility and a practical necessity, as well as the foundation of the cottage food enterprise. It is a self-imposed obligation, a silent vow to protect the health of one’s customers.
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Pest Control
A flickering light in a darkened kitchen reveals the shadow of a mouse darting across the floor. In a commercial food establishment, this triggers immediate action: professional extermination, strict sanitation protocols, and potential closure. In a home kitchen, the stakes are equally high but the response is less regulated. While “maryland cottage food law” does not mandate routine pest control inspections, it relies on the producer’s diligence in preventing infestations. Traps, sealed food storage, and vigilant housekeeping become critical. The absence of explicit rules necessitates a heightened awareness and a commitment to proactive measures. The responsibility rests squarely on the shoulders of the individual producer.
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Separation of Activities
The aromas of a Sunday roast waft through the house, mingling with the sweet scent of cookies cooling on a rack. This scenario, commonplace in a family home, underscores the challenge of separating personal food preparation from commercial production. While a dedicated kitchen is not required by “maryland cottage food law”, cross-contamination must be avoided. Personal and commercial food items should be stored separately, and equipment used for producing cottage food should not be used for preparing family meals without proper sanitation. This necessitates careful planning and organization, a conscious effort to maintain distinct spaces and practices within the shared environment.
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Water Source and Waste Disposal
The well water, though tested and deemed safe, has a slight mineral taste that lingers in the baked goods. The septic system, though functioning properly, struggles to handle the increased wastewater from commercial production. These are the often-overlooked realities of operating a home-based food business. While specific regulations regarding water source and waste disposal are not explicitly outlined in “maryland cottage food law”, producers are expected to ensure their water is potable and their waste disposal system can handle the increased demands. Neglecting these aspects could lead to contamination or environmental issues, undermining the entire operation.
Ultimately, Kitchen Standards within the context of “maryland cottage food law” are not a checklist of rules to be followed but a mindset to be adopted. It is the understanding that while the state trusts producers to operate responsibly, it also expects them to uphold the highest standards of hygiene and safety. This unspoken agreement forms the bedrock of the home-based food industry, a testament to the belief that trust, responsibility, and a commitment to quality are just as important as any formal regulation.
7. Training Requirements
The intersection of formal education and culinary passion defines the sphere of Maryland’s home-based food economy. While “maryland cottage food law” aims to lower barriers for small food businesses, it simultaneously underscores the need for foundational knowledge. This is accomplished through specified instruction, although the explicit details can vary. It’s not always a mandatory culinary degree, rather the requirement often takes the form of a food safety course. This education becomes a prerequisite for legal operation, impacting everything from ingredient selection to handling practices. The training, in effect, serves as a bridge, connecting enthusiasm with the principles of safe food handling, ensuring that ambition does not compromise public health.
Consider Sarah, a retiree with a family jam recipe passed down through generations. She envisioned selling her artisanal creations at local markets. However, Sarah quickly discovered that her family’s cherished recipe, while delicious, needed to be produced under guidelines consistent with “maryland cottage food law”. A local food safety course, mandated by state recommendations, became her gateway. She learned about pH levels, safe canning techniques, and labeling requirements. The training transformed Sarah’s kitchen endeavor into a compliant operation, providing her with the knowledge to safely produce and sell her cherished family jam, transforming a cherished family tradition into a viable local enterprise.
The significance of this seemingly modest training element within “maryland cottage food law” extends beyond individual compliance. It fosters a culture of responsibility. By requiring baseline knowledge of food safety, the law promotes awareness. It acknowledges the risk factors inherent in food production. While the regulations do not impose overly burdensome requirements, the existence of “Training Requirements” serves as a reminder of the critical importance of public safety. This element transforms home-based producers into informed entrepreneurs, individuals equipped to balance their passion with a respect for the well-being of their community.
8. Registration (if applicable)
The annals of Maryland’s home-based food ventures are not always marked by the grand fanfare of formal registration. Within the quiet corners of “maryland cottage food law,” the phrase “if applicable” whispers a caveat, a conditional clause that shapes the path for some, while leaving others untouched. It is a gateway, sometimes open, sometimes closed, dependent on the specific nuances of the operation.
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The County-Specific Landscape
The tale unfolds differently across Maryland’s diverse counties. In some locales, a simple notification to the local health department suffices, a mere acknowledgment of intent to operate. In others, a more formal registration process is required, involving applications, inspections, and the issuance of permits. The reason for this disparity often lies in local health department regulations and resource allocation. A small, rural county might opt for a streamlined approach, while a densely populated urban area may necessitate stricter oversight. The entrepreneur must navigate this patchwork landscape, researching the specific requirements of their jurisdiction to ensure compliance.
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Exemptions and the Scale of Operations
Within the tapestry of “maryland cottage food law”, certain threads remain unwoven from the fabric of registration. Some jurisdictions exempt very small-scale operations from formal registration, provided they meet specific criteria, such as a low annual revenue or limited product offerings. This allows individuals to test the waters, to experiment with their culinary passions without the burden of bureaucratic hurdles. However, this exemption comes with a caveat: the producer must still adhere to all other provisions of the legislation, including safe food handling practices and proper labeling. Exemption from registration does not equate to freedom from responsibility.
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The Shift from Exemption to Registration: Growth and Evolution
The story of a home-based food venture often follows a predictable arc: initial success, expansion, and the eventual need for greater regulatory oversight. A baker who initially operated under an exemption, selling a few loaves of bread at the local farmers market, might find their business flourishing, leading to increased production and wider distribution. This growth often triggers the requirement for registration, necessitating a shift from informal operation to a more structured framework. The producer must then navigate the application process, undergo inspections, and obtain the necessary permits to continue operating legally. This transition marks a significant milestone, signaling the maturation of the business and its integration into the broader food economy.
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The Consequences of Non-Compliance: A Cautionary Tale
The annals of “maryland cottage food law” are not without their cautionary tales. A jam maker, operating without proper registration in a county that required it, found their business abruptly shut down by local authorities. The lack of registration not only resulted in financial losses but also damaged their reputation within the community. This story serves as a potent reminder of the importance of understanding and adhering to all applicable regulations. Compliance is not merely a legal obligation; it is a demonstration of responsibility and a commitment to operating ethically and transparently.
The conditional nature of registration, as expressed in “if applicable”, underscores the nuanced landscape of “maryland cottage food law”. It emphasizes the importance of diligent research, proactive communication with local authorities, and a commitment to operating within the bounds of the law. The choice to register, or not, is not merely a matter of convenience; it is a defining moment, shaping the trajectory of the home-based food venture and its relationship with the wider community.
Frequently Asked Questions About Maryland Cottage Food Law
The intricacies of operating a home-based food business in Maryland often give rise to a multitude of questions. This section addresses some of the most common inquiries, shedding light on the critical aspects of the legal framework.
Question 1: What specific types of food products are explicitly permitted under Marylands regulations?
The permitted food types generally encompass non-potentially hazardous items. These include baked goods like cookies and cakes, jams and jellies with high sugar content, and certain types of candies. However, determining whether a specific product meets these requirements often necessitates careful evaluation. Products containing cream cheese frosting or requiring refrigeration typically fall outside the allowed scope. The decisive factor remains the food’s potential to support bacterial growth. Those considering selling a particular product are well-advised to consult the Maryland Department of Health for precise guidance.
Question 2: What are the exact labeling requirements for products sold under Maryland Cottage Food Law?
Maryland requires that every item is accurately labelled with its common name. A complete list of ingredients in descending order of prominence must also be included. The name and address of the producer are vital details, allowing the customer to know who made the product and where to contact them. Finally, labels must state: “Made in a Cottage Food Operation That is Not Subject to Marylands Food Safety Regulations.” This informs consumers that the item was produced in a home kitchen rather than a regulated commercial facility.
Question 3: What constitutes direct sales according to these regulations, and are online sales permitted?
Direct sales primarily encompass sales at farmers markets, farm stands, and community events where the producer directly interacts with the consumer. Online sales are allowed only if coupled with direct delivery to the consumer or in-person pickup. Shipping products across state lines or utilizing third-party delivery services that circumvent direct interaction violates the spirit and letter of the law. The essence of “direct sales” lies in the personal connection between the producer and the consumer.
Question 4: What is the maximum gross revenue a home-based food business can earn annually while remaining compliant?
The law establishes a specific amount adjusted periodically, as the maximum gross revenue. Should a business exceed this threshold, it triggers a mandatory shift. The enterprise then requires the licenses and permits applicable to standard food establishments, potentially involving a commercial kitchen, demonstrating how the financial boundaries serve to determine how businesses must adapt.
Question 5: Are home-based food businesses subject to inspections under these regulations?
The law differs substantially from regulations governing commercial food establishments. Home-based businesses are not routinely inspected in the same manner. The system relies on trust and the producer’s commitment to safe food handling practices. However, the Maryland Department of Health retains the authority to investigate complaints or concerns related to potential health violations.
Question 6: Does Maryland mandate specific food safety training for home-based food producers?
While not mandating a culinary degree, Maryland encourages food safety training. Often, completion of a food safety course is either required or highly recommended. This training equips producers with the foundational knowledge necessary to handle food safely, prepare accurate labels, and operate within the bounds of the law. Completion of a food safety course provides enhanced understanding of the process.
In sum, understanding and adhering to these frequently asked questions is crucial for anyone considering operating a home-based food business in Maryland. Failure to comply with the regulations can lead to fines, business closures, or even legal action.
The following section will explore resources and support networks available to those seeking to navigate this regulatory landscape.
Navigating Maryland’s Cottage Food Terrain
The path of a home-based food entrepreneur in Maryland, guided by the compass of its cottage food legislation, is not always smooth. It requires not only culinary skill, but also a keen understanding of legal nuances and practical considerations. These are some lessons learned from those who have walked this path before, offered not as mere suggestions, but as hard-won wisdom gleaned from experience.
Tip 1: Cultivate a relationship with the local health department. A regulatory agency is not an adversary, but a potential ally. Engage in open communication, seeking clarification on complex issues. County health departments interpret the law differently. A proactive approach often prevents misunderstandings and ensures compliance. Attend local workshops and meetings, and make sure you understand local standards.
Tip 2: Prioritize accurate and transparent labeling. Labeling is not simply ticking boxes on a form; it’s about building trust. Provide detailed ingredient lists, highlighting potential allergens. Ensure the font size is legible, and the language is clear. Transparency fosters consumer confidence and minimizes the risk of liability. One omitted ingredient can unravel years of hard work.
Tip 3: Master the art of inventory management. Precise tracking is essential for remaining below the annual revenue limit. Meticulous record-keeping reveals trends, helping optimize sales and prevent unintended breaches. Implement accounting practices to help organize. Avoid the temptation to estimate; the numbers offer a clear picture.
Tip 4: Understand the boundaries of direct sales. The “Direct Sales Only” provision is key. Avoid the temptation to circumvent restrictions by indirectly trading in sales. These restrictions limit wholesale practices and protect a farmer’s market setting.
Tip 5: Champion food safety as if lives depend on it. Cleanliness and sanitation are non-negotiable, even within a home kitchen. Regularly clean and sanitize equipment. Consider taking food safety certification courses, such as ServSafe. Understand and follow safe food handling. Food poisoning is no joke, and a negative incident can permanently damage a small business’s reputation.
Tip 6: Insure your business, even within your home. One mishap can cost you big. Accidents happen, even in the most controlled setting. Protect yourself with insurance that caters to food-based businesses, and be certain to tell your insurer the scope of the operation. Insurance can be expensive, but without it, operations are risky.
By embracing these lessons, one can navigate the terrain of Maryland’s home-based food landscape with confidence and integrity. These tips serve as useful foundations. Avoid assuming the law is easy, and don’t take the cottage food industry casually.
The subsequent section will delve into resources and support networks available to those seeking to navigate this regulatory landscape.
Maryland Cottage Food Law
The preceding sections have illuminated the pathways etched by “maryland cottage food law,” revealing its contours, its limitations, and its promise. This legal framework, born from a desire to empower small-scale entrepreneurship, simultaneously seeks to safeguard the well-being of consumers. It is a system built on trust, responsibility, and the inherent belief that individuals can operate with integrity, even within the confines of their home kitchens. The regulations are important, but also create limitations. From permitted ingredients to revenue caps, the laws provide constraints and opportunities. The landscape, as presented, has benefits and complexities.
As the sun sets over the Chesapeake Bay, casting long shadows on the small towns and bustling cities of Maryland, countless home-based food businesses quietly operate, guided by the principles outlined in these provisions. Some flourish, becoming integral parts of their communities; others stumble, learning valuable lessons along the way. The success of “maryland cottage food law” hinges not just on the letter of the law, but on the spirit of those who embrace it. The future beckons those who adhere to the rules with passion and integrity, contributing to the unique flavor and entrepreneurial heart of the state.
