Can You Sell Food and Beverage out of Your Home in North Carolina?Yes, you can sell food and beverage out of your home in North Carolina, however, there are restrictions that must be followed. You must obtain a cottage food license from the North Carolina Department of Agriculture and Consumer Services (NCDA&CS). The license allows you to produce and sell non-potentially hazardous foods such as cakes, cookies, breads, jams, jellies, candy, and other similar products from your home kitchen for direct sale to consumers. The license requires you to follow specific rules to ensure food safety.
What is the Cottage Food Law in North Carolina?The Cottage Food Law in North Carolina allows individuals to manufacture, package, label, and sell certain foods from a home kitchen. These foods must be considered “non-potentially hazardous” and include items such as baked goods and jams or jellies. Businesses operating under the law must register with their local health department and follow food safety guidelines. Sales are limited to direct sales from the home kitchen, online sales, or sales at farmers markets and festivals.
What is Required on a Cottage Food Label in North Carolina?In North Carolina, food labels for cottage foods must include the following information:
1. The name and complete address of the cottage food operation;
2. A list of ingredients in descending order of predominance by weight;
3. A full, accurate statement of the net quantity of contents;
4. If the food contains a major food allergen, a statement disclosing that fact;
5. The words “Made in a Home Kitchen – Not Inspected by the N.C. Department of Agriculture and Consumer Services”;
6. A statement that the product is not for resale;
7. Appropriate storage instructions;
8. The name and address of the person responsible for labeling and completing contact information (telephone number or email address); and
9. An expiration date or “best by” date.
Are Cottage Foods Taxable in North Carolina?Yes, cottage foods are taxable in North Carolina. According to the state Department of Revenue, cottage food producers must register to collect sales tax on their products.
Do You Need to Establish a Business Entity to Sell Cottage Foods in North Carolina?Yes. In North Carolina, all businesses that produce and/or sell cottage foods must establish a business entity in order to legally operate. There are several different types of business entities available, such as sole proprietorship, partnership, limited liability company (LLC), and corporation. Each type of business entity has different requirements and legal implications, so it is important to research which type of entity is best for your business needs.
What Permits do You Need to Sell Food out of Your Home in North Carolina?In North Carolina, home-based food businesses are regulated by the NC Division of Environmental Health. In order to sell food out of your home in North Carolina, you must obtain a Home Processing Establishment permit from the Division of Environmental Health. This permit requires that you have a commercial kitchen in your home that meets certain standards. You must also have a valid food handlers permit, which is obtained by taking an approved food safety course. Additionally, you must obtain a business license from the local county or city government where your home is located.
Does a Cottage Food Business Need a Food Handlers License in North Carolina?No, a cottage food business does not need a food handlers license in North Carolina. However, all cottage food businesses must register with the county health department, and any food products prepared must be labeled with the business name and address, so that any potential health issues can be traced back to the source.
How Much does it Cost to Obtain a Food Safety License or Certification in North Carolina?The cost of obtaining a food safety license or certification in North Carolina can vary based on the type of license or certification desired, as well as the training required. Some licenses or certifications may require additional classes or certifications, which will add to the overall cost. Generally speaking, the cost for obtaining a food safety license or certification in North Carolina can range anywhere from $50 to several hundred dollars.
Who Regulates Food Safety in North Carolina?The North Carolina Department of Agriculture and Consumer Services (NCDA&CS) is responsible for regulating food safety in North Carolina. The NCDA&CS Food and Drug Protection Division oversees the inspection process of retail food establishments and works to ensure that food production and handling is safe.
How Long Does a Food Handlers License Last in North Carolina?A Food Handlers License in North Carolina is valid for three years.
What Permits do You Need for a Food Truck in North Carolina?In North Carolina, you will need to obtain a Mobile Food Unit Permit from your local health department. You must also register your business with the North Carolina Department of Revenue and obtain a Sales and Use tax number. You will also need to apply for a business license from your local county or municipality. Additionally, you may need to obtain a Temporary Food Service Establishment Permit if your truck will be operating at any temporary events.
What Permits do You Need for a Food Booth in North Carolina?In North Carolina, you may need a variety of permits to run a food booth, depending on the specific food you plan to serve. Generally, you will need a permit or license from the North Carolina Department of Agriculture and Consumer Services as well as any local health department. Additionally, you may need a special event permit from the local county or city government if your food booth is set up for a special event.
What Permits do You Need for a Cottage Food Business in North Carolina?In order to legally sell a cottage food product in North Carolina, you must have a cottage food permit. The North Carolina Department of Agriculture and Consumer Services (NCDA&CS) issues these permits. The permit application requires information about the business, the products that will be sold, and the process in which the product is made. Also, an inspection of the kitchen where the products are made must be completed by the local health department. Once approved, the permit is valid for one year and must be renewed annually.
What are the Penalties for Selling Food without a Permit in North Carolina?It is illegal to sell food in North Carolina without the appropriate permit or license. Violations of the law can result in hefty fines, criminal charges, and even jail time. Penalties for selling food without a permit in North Carolina include civil fines of up to $1,000 per day for each violation and criminal charges of a Class 1 misdemeanor, punishable by up to 120 days in jail and a fine of up to $2,000.