Is It Legal to Sell Food without a License

You can obtain your business license online by contacting your state`s tax or affairs office and filling out all relevant paperwork. Business license fees depend on the state you live in, but average between $25 and $50. A homemade food production facility may have employees. Anyone handling or preparing the food must have their own food card or be under the direct supervision of the manufacturer. Members of the producer`s household are exempt from the obligation of direct supervision. When it comes to selling food at home, you`re in luck. At one time, door-to-door food sales laws were prohibitive, but most states have since passed artisanal food laws that allow you to legally sell food at home. When it comes to selling homemade food, limit artisanal food laws to selling foods that are less likely to spoil or cause foodborne illness. Authorized products do not need to be refrigerated and are prepackaged, such as baked goods, dried herbs, teas and canned goods. Small businesses that sell artisanal food are usually limited to sales below a certain amount. In many states, the amount is around $20,000, but in some states, the amount you can earn can be as high as $50,000.

Local and state health departments are instructed to keep records of all complaints about cottage food operations. They are not authorized to investigate or inspect such complaints. The only exception is that national and local health authorities retain the jurisdiction to shut down any business – including an artisanal food establishment – that poses a serious and imminent threat to human life and health. Selling food without a license depends on the state and local laws that apply where you live. You can find out which laws apply to your type of business by contacting your state`s tax or commerce office. The Texas Cottage Food Law allows individuals to sell certain foods produced in home kitchens without obtaining a license for food manufacturers, using a commercial kitchen, or being subject to inspections by local or state health departments. Almost every state in the country now allows certain foods to be produced in home kitchens and sold directly to consumers. What you can do, under what conditions, and where you can sell varies greatly from state to state. For pickled, canned acidified or fermented foods, a home food manufacturer must either use a recipe that (1) is from a source approved by the DSHS; (2) has been tested by a duly certified laboratory to confirm the final equilibrium pH; (3) is approved by a competent dispute authority or (4) is tested at home.

Now, also a very short side note. If you`re starting a grocery store at home and living in a neighborhood, you need to make sure your homeowners association doesn`t have a bylaw that could prohibit it, or they just need to have a review of your home business. So if you have a homeowners corporation, you have to make sure you check with them or at least let them know and say, Hey, I`m going to start making a food product under our cottage food laws. But I want to give you a warning because I`m going to run a home-based business. Keep that in mind. First, you immediately receive a warning letter, which is rather neutral and annoying and not really a big deal, but they just want to help you get on track and figure out what you need in terms of permits and licenses. So you simply assumed that you didn`t need a perimeter license instead of determining it with certainty. And then you start selling them at farmers` markets. And you know what? Periodically, the Department of Health and other government officials review farmers` markets and other events, and they may even ask you: Hey, Damien, do you have this permit? Do you have the license? Do you have what you need to sell this product? Well, no, I really don`t have anything. I just heard that I can sell whatever I want.

Well, guess what, here are four things that could potentially happen to you, and, you know, you could say, well, who knew? I didn`t know. I didn`t know I had to have a permanent license. These are things that could potentially happen, and it could become kind of a snowball for something you really don`t want to experience. A supplier is a company that sells inventory of goods to other companies. The type of supplier you need depends on the food and/or beverage you are selling. You can find everything you need from one supplier or need to use multiple suppliers. If the state or local health department claims you can`t sell homemade products, the first step is to print out the law and show it to the person you communicated with. If this does not resolve the issue, the next step is to contact the city council or district commissioners. Be sure to document all conversations in writing. In extreme cases, you may need to get legal representation. FARFA provides guidance to its members throughout this process.

For example, if you sell food that goes wrong, you need to make sure that your products have an extra shelf life upon delivery after reaching your customer. If you sell a multipack of your product, the expiration dates must match on all units. You need to make sure you follow Amazon`s guidelines correctly. If you don`t, you may be prohibited from selling your food products on Amazon`s website.