Can you make food at home and sell it in Massachusetts?
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Can you make food at home and sell it in Massachusetts
Frequently Asked Questions and Answers Regarding Residential Kitchens
To ensure that food in the Commonwealth of Massachusetts is both safe and healthful, the Food Protection Program of the Massachusetts Department of Public Health collaborates with local boards of health. They accomplish this goal by formulating and implementing rules regarding food safety, investigating complaints of foodborne illness, and providing assistance in the event of other food-related situations.
Can you make food at home and sell it in Massachusetts
People who prepare food in their own homes and sell it to other individuals may be required to obtain a permission from the state or the municipality in where they reside, in addition to adhering to various regulations and restrictions. People can use this knowledge to better comply with state regulations regarding the production and sale of food made in a home kitchen. Whether or whether a residential kitchen requires a wholesale license or permission, a retail permit, or both depends on the kinds of foods that are prepared there and how those foods will be distributed or sold.
Can you make food at home and sell it in Massachusetts
What does it mean to have a kitchen in a house?
A domestic kitchen is the name given to a kitchen that is located in a private residence. The majority of residential kitchens, including those in private houses where individuals are cooking for their family or for charitable purposes like a bake sale, do not require a permit. This includes kitchens that are located in apartment complexes. In order to carry out specific tasks involving food in your home kitchen, you are required to possess either a license or a permit, depending on whether you operate your kitchen as a retail or wholesale residential kitchen. If a retail permit is required, the Retail Food Code stipulates certain guidelines that the home kitchen must adhere to in order to operate legally (105 CMR 590). In the event that a wholesale license is necessary, the home kitchen in question must conform to the guidelines established by the Good Manufacturing Practices laws (105 CMR 500).
What activities are prohibited in a home kitchen if a permit is not required?
Can you make food at home and sell it in Massachusetts
According to 105 CMR 590, a "Retail Residential Kitchen" is defined as any residence that prepares food for the purpose of selling it "straight to the consumer" and is required to obtain a permit.
When we talk about "direct to the consumer" sales, we're referring to things like internet or mail-order sales, as well as farmer's markets and artisan fairs.
If a person in Massachusetts prepares food in their own kitchen with the intention of selling it in another state, they are responsible for ensuring that they comply with not only federal law but also the laws of the state in which they are conducting business.
According to 105 CMR 500, any residential kitchen that prepares food for the purpose of selling it in bulk, such as to a grocery store or restaurant that will then sell it to the end consumer, is considered a Wholesale Residential Kitchen and is required to obtain a license or permit in order to operate legally.
Who is responsible for distributing the appropriate permits?
The local board of health in the city or town where the residential kitchen is located is the entity that is responsible for conducting inspections and issuing permits for retail residential kitchen operations. 105 CMR 590.010 (F) (2) (a) (a). It is acceptable to refer to them as "Cottage Food Operations" in this context.
Can you make food at home and sell it in Massachusetts
Wholesale domestic kitchens that sell their products to retail stores, grocery stores, restaurants, and other types of businesses are subject to inspection and licensing by the Food Protection Program of the Massachusetts Department of Public Health. 105 CMR 500.015 (B) (B) (B)
What kinds of delicacies can be concocted in the kitchen of a home?
Only "cottage food products" can be produced in a home kitchen that is open to the public for purchasing food. There is no need to refrigerate baked goods, jams, or jellies because they can be stored at room temperature. 105 CMR 590.001 in addition to FC 1-201.10 (B) (C).
Foods that don't need to be refrigerated and can be securely stored at room temperature are the only ones that wholesale residential kitchens that sell in bulk are allowed to prepare and sell. 105 CMR 500.015 (D)(1) (1). (1).
Retail or wholesale domestic kitchens are not permitted to produce finished goods that, for reasons of food safety, must be kept hot or cold. This includes meat or fish that has not been cooked, as well as certain fruits and vegetables that have been cut, such as tomatoes, leafy greens, and melons.
Can you make food at home and sell it in Massachusetts
Cream-filled pastries, cheesecake, custard, cut fruit and vegetables, tomato and barbeque sauce, pickled products, relishes, and salad dressings are examples of foods that a residential kitchen is not allowed to produce or sell. These regulations can be found in [105 CMR 590.001(C); FC 1-201.10(B)], 105 CMR 500.015(D)(1), (2), and [105 CMR 500.015(D)(3)]. (3)
What forms of food preparation are not permitted in a kitchen that is used solely for domestic purposes?
Acidification, hot filling, thermal processing in hermetically sealed containers, vacuum packaging, curing/smoking, and all of these other processes are not allowed in domestic kitchen businesses, whether they are retail or wholesale. The only permissible exceptions to this rule are heated jams and jellies that have been sealed in airtight containers after being packaged. [105 CMR 590.001(C); FC 1-201.10(B)], 105 CMR 500.015(D) (1), (2), and (3), and [105 CMR 590.001(C); FC 1-201.10(B)] (3)
It's possible that there could come a day when it will be necessary to do food safety testing in a laboratory.
Can you make food at home and sell it in Massachusetts
Yes. The regulator may request that the licensee, permit holder, or applicant for a residential kitchen operation show lab evidence that the food poses a risk to the safety of the food if it is not kept or stored at a certain temperature. This request may be made for retail as well as wholesale residential kitchen operations.
The experiments conducted in the laboratory could investigate factors such as pH, water activity (Aw), the development of toxins, or any number of other factors as required. 105 CMR 500.003 and 105 CMR 590.001(C) and FC 1-201.10(B) are the relevant sections. In the event that laboratory testing is required, the operator of a residential kitchen should get in touch with a private food laboratory to find out what kind of testing is required to demonstrate that a product does not require being kept at a specific temperature in order to maintain its safety.
Is it essential for a person who manages a home kitchen to prepare each new batch of food according to the same recipe each time?
Can you make food at home and sell it in Massachusetts
If you make more than one product in your home kitchen, you might require more than one lab test to verify that the products don't pose a threat to the safety of the food. This is because each recipe comes with its own unique set of potential hazards. The individual in charge of the residential kitchen will have an easier time meeting the requirements for food safety and maintaining a consistent level of food quality if they stick to a single, standard recipe that has been evaluated by a food laboratory.
What minimum requirements must be fulfilled by my home kitchen in order for me to be eligible for a license or permit?
Can you make food at home and sell it in Massachusetts
Residential Retail Kitchens: For a list of the regulations that all residential kitchens that are permitted by the Food Code are required to abide by, please refer to the "Retail Food Code Standards for Permitted Residential Kitchens" document that is available on the Department's website.
Domestic Wholesale Kitchens: For particular requirements concerning how residential wholesale kitchens are expected to operate, refer to section 105 CMR 500.015 of the 105 CMR 500: Good Manufacturing Practices for Food regulation.
Do I need a special license or permission to create baked goods in my own kitchen and sell them at a yard sale?
In the event that a home kitchen prepares food for the purpose of selling it or serving it at an event, such as a bake sale for a religious or charity organisation, a permit is not required as long as the food is not time or temperature controlled for the purpose of maintaining its safety.
There is a notice at the location where the food is sold or served that informs the client that the food was prepared in a kitchen that is not inspected or regulated by the government. This information is provided to the customer.
In addition, a permit is not required for a school, church, or any other facility that donates or sells food that was prepared in a private kitchen for the benefit of a charitable organization, such as a school bake sale. [105 CMR 590.001(C) and FC 1-201.10(B)] and [105 CMR 500.015(A)] (2)
Do I need a special license if I want to donate food that was prepared in my own kitchen to a charitable organization?
If the charity is a non-profit organization that either gives away the food for free or only charges enough to cover the costs of handling the food, then the home kitchen does not need a permission to cook food for the charity. MG.L c. 94, 328. (It is important to take note that a permit is not required, even if the home kitchen is preparing items that could be hazardous for the safety of food.) [105 CMR 590.001 (C) and FC 1-201.10 (B)], [105 CMR 500.015 (A)] [105 CMR 590.001 (C) and FC 1-201.10 (B)]
Can you make food at home and sell it in Massachusetts