What licenses are needed to sell food




















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These choices will be signaled globally to our partners and will not affect browsing data. Thus, a private residence domestic or foreign that meets customary expectations for a private residence that is also used to manufacture, process, pack, or hold food need not be registered.

Be sure to carefully review the regulations to understand how they apply to your unique set of circumstances. Facilities that manufacture, process, pack, or hold food that is intended for human or animal consumption in the United States must register with FDA before beginning these activities. The registration requirement applies to any facility that conducts these activities, unless a facility is specifically exempt under 21 CFR 1.

For example, farms, retail food establishments, and restaurants are exempt from food facility registration requirements. Food imported into the United States must meet the same laws and regulations as food produced in the United States. It must be safe and contain no prohibited ingredients, and all labeling and packaging must be informative and truthful, with the labeling information in English or Spanish in Puerto Rico. As of December 12, , FDA must be notified in advance of any shipments of food for humans and other animals that are imported into the U.

Prior Notice of imported food shipments provide FDA with an opportunity to, review and evaluate information before a food product arrives in the U.

Food manufacturers, processors, packers, transporters, distributors, receivers, holders, and importers are required to establish, maintain, and make available to FDA upon request certain records that will allow the agency to identify all food products handled by the facility. For instance, if your business is required to register under the Bioterrorism Act and makes cookie dough that is subsequently baked and packaged by another facility, your records must include the names and addresses of the facilities from which you get your ingredients, plus the names and addresses of the facilities where you send your dough to be baked and packaged.

This is also known as "one up, one down" in the distribution chain. Depending on the type of food business you operate, your food business may have to keep records in addition to those required under the Bioterrorism Act and to make them available to FDA.

You may want to consult Title 21 of the Code of Federal Regulations to determine what records are required for a specific type of facility and operation. Requirements may vary depending on the food commodity and the type of food processing in your business. Current Good Manufacturing Practice cGMP regulations require that food offered for sale or introduced into interstate commerce be produced under safe and sanitary conditions.

Certain food commodities have additional requirements because of inherent hazards, particular attributes, or specific manufacturing processes.

For instance, certain egg producers must follow the Egg Safety Final Rule in order to reduce the spread of Salmonella Enteritidis, a known pathogen of eggs. Food manufacturers are responsible for developing labels including nutrition information that meet legal food labeling requirements. All labeling of FDA-regulated food products must be truthful and not misleading. Proper labeling, including nutrition labeling and labeling for the major food allergens, is required for most prepared foods.

Note: The labels of food products sold in U. This may require a test in your knowledge of how food should be handled and stored. Your kitchen will have to pass a health and safety inspection and be certified, which is a type of license. Preparing food in an uncertified kitchen may set you up for fines from the state or county. For example: a restaurant that only serves breakfast and lunch may be happy to lease you its kitchen for the late afternoon and evening hours.

Check the zoning laws of your city to see if you can operate a business out of your home. If people come to your home to pick up food, permits may be required. Obtaining a zoning variance would be necessary. You may find that operating a business out of your home is not permitted. Getting your business registered when you are not even allowed to run that sort of business from your home would be disastrous.

But for people who what to start on a very small scale, the Cottage Law also gave them an opportunity to survive. They are not given freedom to sell all types of homemade food, and their cooks can only sell at certain venues. But the laws make it possible to sell something. Items sold under cottage food laws are exempt from local licensing and codes. Because of this, only certain sales are legal.

Foods susceptible to botulism, such as low-acid vegetables, are outlawed pretty much everywhere. The most acceptable foods include jams and jellies; pickles canned in vinegar, and baked goods, though that can vary state by state. Meat is generally not allowed because of widespread health concerns. Most farmers wanting to sell meat to the public must have it USDA-inspected or offer programs where consumers purchase animals and pay for butchering costs, and even dairy products made from store-purchased pasteurized milk require special licensing.

Fruits and vegetables grown in a home garden do not require special licensing as long as they have not been cut or altered in any way. Some states allow cooks to include home-grown produce in cottage food but not all do. Still, other states do not allow home-canned products, such as fruits or vegetables, within cottage food. Cooking and selling food from the home front provides professional chefs and cooking enthusiasts with a low-cost means to operate a small business.

To set up your home business, you would need a stove or two, refrigerator, food storage facilities and cooking utensils. These are the basics, and anything higher than this would require separate licensing. To get started with acquiring a food license, you need to set up your kitchen based on the information you were able to glean from your public health department.

You can purchase and install separate kitchen counters, additional equipment such as a stove or refrigerator, and sanitation equipment such as a three-compartment sink, if required by law.

You may be required to set-up a completely separate kitchen for your home-based food manufacturing facility, even if it is located on your home premises. When you are done with putting your kitchen in order, your next move would be to contact your public health department for an inspection. The health inspector would visit your kitchen to determine if the facility is fit for cooking. The health inspector would either pass your kitchen upon initial inspection or give you a list of items you need to further bring it up to standard.

When you have satisfied all the requirements, the health inspector would come back to make sure of that, and if he or she is satisfied, you would be issued with your certificate or permit. In order for products from your kitchen to get accepted by retail stores and farmers markets, you need to furnish them with a copy of your permit.

Depending on how big a business you intend to run out of your home kitchen, you can apply for other jurisdictional business licenses as required. You may be required to register your business and apply for a resale license, depending on how much product you manufacture and sell on an annual basis. Note that some businesses would only buy from you if you have a business license, so endeavor to get one.

This will depend on your state or the city you are located in. For example, a new law in California allows home cooks to prepare and sell meals out of their personal digs as of January 1. Most states currently restrict people from selling food except through co-working or commercial kitchens. If you live in a state that allows you to cook food at home and sell to the general public, it will save you the cost of renting a commercial kitchen and you would have successfully eliminated other additional expenses that comes with running your food business in a rented facility.



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