There are many people out there that have decided that they have a passion to bake and see the joy of people eating what you made, are you one of these people? Have you thought about baking food at your home and selling them? We I’m here to walk you through what you need to know about starting this business and guide you through the steps at the municipal level.
Over the years many people have asked how to get their residential kitchen licensed to sell their baked goods. Also mentioning that there’s nothing out there explaining how to do this. I feel its time to help you out. Most of this is Massachusetts regulations, but it should help where ever. Don’t forget each town/city may have extra steps.
Some things to know first:
Following the above these are based on Massachusetts regulations, but should be a good start for most states and also every town/city may have extra regulations to follow.
What is a Residential Kitchen?
A Residential Kitchen is a kitchen in a private home. Most Residential Kitchens, including those in a private home where individuals are cooking for their family or for charitable purposes, like a bake sale, do not require a permit. Certain food-based activities in Residential Kitchens require a license or permit either as a Retail Residential Kitchen or as a Wholesale Residential Kitchen. When a Retail permit is required, it shall comply with the Retail Food Code (105 CMR 590). When the wholesale license is required, the Residential Kitchen must comply with the regulations for Good Manufacturing Practices (105 CMR 500). Some States call this a Cottage Food Operation.
What Activities in a Residential Kitchen Require a Permit?
- Anyone producing food for sale “direct to the consumer” is considered a Retail Residential Kitchen and is required to have a permit under 105 CMR 590.
- “Direct to the consumer” includes events like farmers markets, craft fairs, and sales by internet or mail.
- Anyone that makes food in a Residential Kitchen in Massachusetts that wants to sell in another state should confirm that they are in compliance with both Federal law and the state laws where they are doing business.
The types of processing operations prohibited in a Residential Kitchen?
For both Retail and Wholesale Residential Kitchen operations, processing operations that are prohibited include: acidification, hot fill, thermal processing in hermetically-sealed containers, vacuum packaging, and curing/smoking. The only exception is jams and jellies that are thermal-processed in hermetically-sealed containers. [105 CMR 590.001(C); FC 1-201.10(B)], 105 CMR 500.015(D)(1) and (3)
TIME TO GET STARTED.
A lot of times we’ll receive a call wanting to begin the process and to know what can/can’t be baked in a residential kitchen asking for “the” list. We can’t list off the items because its a long one, so I’ll tell them
“hey why don’t you come up with what you want to sell and I’ll tell you yes or no. Because that list is always smaller then the list you are asking me for and will take less time.”
So before you contact the Health Department come up with your plan on what you are thinking of making.
What Foods Can Be Cooked in Residential Kitchens?
Retail Residential Kitchen may only make “Cottage Food Products.” These are foods that can be safely held at room temperature, including baked goods, jams, and jellies. 105 CMR 590.001(C); FC 1-201.10 (B)
Examples of food products that may not be prepared or sold by a Residential Kitchen: cream-filled pastries, cheesecake, custard, cut fruit and vegetables, tomato and barbeque sauce, pickled products, relishes and salad dressings [105 CMR 590.001(C); FC 1-201.10(B)], 105 CMR 500.015(D)(1) and (3).
Now that you’ve decided what you want to bake what’s the next step?
Contact your Zoning/Planning board to make sure you can have a business in your residential home. 9 times out of 10 this is a YES!
OK now its time to speak with the Health Department. First you’ll want to make sure all the certificates required are in place. Massachusetts requires a Food Manager Certificate and an Allergen Awareness Certificate. The Food Manager Certificate Instructs food safety like cooking time and temperatures and cleaning procedures. The Allergen Awareness is what it says, educating about allergens and labeling of the baked goods.
Major Food Allergens are:
(1) Milk, eggs, fish (such as bass, flounder, or cod), crustaceans (crab, lobster, or shrimp), tree nuts (such as almonds, pecans, or walnuts), wheat, peanuts, and soybeans; and
(2) A food ingredient that contains protein derived from a food named in subsection (1).
After obtaining the certificates its time to get the application from the Health Department and fill it out! You got this!
After completing the application and the Health Department has received it with copies of the certificates required schedule for the inspection.
What to expect on the inspection.
Getting ready for the inspector you’ll want to have all your products for your business separated from your personal items. The dry storage should have everything in containers with labels for your business. Don’t worry, you can use these things for your personal use. In the fridge you will want to have the business food products on shelves labeled for your business. Make sure the hot water is running and you have your cleaning products ready to show. If you have pets, just show how they are kept out of the kitchen when cooking.
After the inspection you will receive the report and permit to operate. Renewals are usually the 1st of January each year. Keep in mind if your thinking of starting the business in December its probably best to wait one month.
What are Potentially hazardous foods? (PHFs)
(a) “Potentially hazardous food” Is a food that is natural or synthetic and that requires temperature control because it is in a form capable of supporting:
- The rapid and progressive growth of infectious or toxigenic microorganisms;
- The growth and toxin production of Clostridium botulinum; or
- In raw shell eggs, the growth of Salmonella Enteritidis.
- “Potentially hazardous food” includes an animal food (a food of animal origin) that is raw or heat-treated; food of plant origin that is heat-treated or consists of raw seed sprouts; cut melons; and garlic-in-oil mixtures that are not modified in a way that results in mixtures that do not support growth.
- “Potentially hazardous food” does not include:
- An air-cooled hard-boiled egg with shell intact;
- A food with an aw value of 0.85 or less;
- A food with a pH level of 4.6 or below when measured at 24oC (75oF);
- A food, in an unopened hermetically sealed container, that is commercially processed to achieve and maintain commercial sterility under conditions of non-refrigerated storage and distribution; and
- A food for which laboratory evidence demonstrates that the rapid and progressive growth of infectious or toxigenic microorganisms or the growth of S. Enteritidis in eggs or C. botulinum can not occur.
- A food that does not support the growth of microorganisms.
