So, what about licensing?

This is probably one of the most common questions we get…what licensing do I need and how do I get it?

First training that ALL of these licenses require is the Food Safety Manager’s Training. Always start with that. Several companies do it, we use the ServSafe curriculum. Do NOT mistake this for the Handler’s certification…Manager’s is more involved.

There are 3 agencies that regulate companies that make food for sale. The health department, the Department of Agriculture and the US Department of Agriculture. Which one you need depends on how you intend to sell your product and what you are making.

The health department—run by your state or local authorities—regulates direct to consumer food. This is any food that is made by you and sold directly to a customer. Food trucks, restaurants, farmer’s market vendors, etc usually fall under health department’s jurisdiction. As a general rule (but not ALWAYS true) a health department license is quicker to get.

The state-level Department of Agriculture regulates and inspects packaged goods intended to be resold (wholesale products) that do not contain meat. They do this on behalf of the FDA, which means once you get this license you may sell across state lines. In most cases, the process of getting this license usually takes 2-6 months from the time it is turned in. You need to have your labels created, your packaging ready, your HACCP plan (Hazardous Analysis Critical Control Point Plan) for each product and, if applicable, your product tested for bacterial growth and shelf life standards. Some products require specialized training (like acidified products or cold press juice, for example). While very small businesses ARE NOT required to have nutrition labels, they are a good idea and can either be tested by the lab or can be made by putting in your ingredients into a software program (we often use recipal.com).

The federal United States Department of Agriculture regulates all wholesale products containing meat. Those frozen meals in a grocery store? USDA. The USDA issues something called a Grant of Inspection for these types of products and it is involved. The certification requires you to be separated from all other products by time and space (shared spaces have to have allocated kitchens for this, for example) you to notify your inspector each time you are going to produce (they will usually be onsite for production). You will require HACCP plans, recall plans, manufacturing training and more, depending on your product. This is a significant investment for food producers.

For the new entrepreneur, this should be a step process as you put your business together. You can hold ALL of these licenses you want. Start with direct to consumer sales and, as your customer base grows, spend more and go through more processes.

Oh, and one last thing to remember. In all cases your products have to be approved AND your production kitchen has to be approved. You will need new licensing if you move kitchens.