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Rules and Regulations for Selling Food Online

9 min read

The rules and regulations for selling food online can be a little tricky, as they vary so much based on where your kitchen is located.

However, there are some basics that you should prepare for before you start selling your food products. The laws and certifications required may seem daunting and time-consuming in the beginning, but they are all geared at keeping your customers safe and 丑别补濒迟丑测鈥攁苍诲 minimizing your risk of accidentally making buyers sick.

Know that getting up to speed and in compliance is a step in the right direction toward building a trustworthy brand that gets recommended again and again.

Let鈥檚 dive into the requirements for your online food business, from laws to labeling requirements and beyond.

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Know the General Laws Around Selling Food

In the US, retailers who sell food from home are required to adhere to Cottage Food Regulations. These laws apply to baked goods, jams and jellies, dry mixes, popcorn, and nuts, and allow you to sell at farmer鈥檚 markets and other local events alongside your online operation.

selling food from home

While the details of these laws vary slightly from state to state (and change frequently), there are a few basic requirements for compliance across the board, including:

  • An annual kitchen inspection from the health department
  • Zoning clearance and appropriate permits from local government
  • A state business license
  • pet-free kitchen environment
  • Proper storage of cold and dry ingredients

If you have questions, it鈥檚 a good idea to get in touch with your 聽as well as your local health department聽for more in-depth details about what laws you鈥檒l need to be in compliance with before you start selling food online. For European Union-based sellers, you will have a 聽to get familiar with. If you鈥檙e in doubt, check out your local health department.

Get the Right Certification and Permits

Once your workspace is law-compliant, you鈥檒l want to make sure you have the right certifications and permits to sell food online. Again, requirements vary by state, and the online marketplace is a bit of a gray area when it comes to this aspect of your business. But to err on the side of safety, it鈥檚 a good idea to at least get the following permits, training, and certifications.

  1. Get your home business . Many states within the US require that home businesses are registered at the state level before any sales are made.
  2. Get a permit from your county. Check with local government departments to ensure that your home kitchen meets and food safety requirements. If your home kitchen isn鈥檛 a viable option, you may need to consider renting an external or 
  3. Become a certified food handler. This 聽includes training that can be done in person or through online classes. During the course, you鈥檒l learn about food safety, the best practices for preparing and storing food, cooking temperatures, handwashing, foodborne illness, and much more.

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Once your kitchen space is approved for business and you鈥檝e obtained the training you need, you can start cooking and packing up those delicious products you鈥檒l be selling online.

Already running a restaurant, cafe, or food truck? Then you might want to sell food online by launching online ordering. In this case, you probably have the necessary certifications and permits — but you still need to complete the following steps.

Make Sure Labels Meet Requirements

When it comes time to package up your food products, you鈥檒l want to be sure to create detailed labels that let buyers know exactly what ingredients are included. Share this information in your online product descriptions, too. This makes it easier for customers with dietary restrictions and reduces the risk of allergic reactions.

John Taylor of , a long-time online food retailer, offers a tip for anyone getting started: “Take good pictures and be as descriptive as possible, this avoids folks having to contact you to ask questions before ordering.”

According to the , all food products should include labels with complete disclosure of ingredients, net quantity, and weight of total ingredients, as well as the name and location of the maker of the packaged goods. When listing ingredients, start with the largest quantity and work your way down to the smallest.

When you sell food online, remember that specific allergens should be highlighted on your packaging. The most common food allergens are:

  • Milk
  • Eggs
  • Peanuts
  • Tree nuts (cashew, for example)
  • Fish and shellfish
  • Soy
  • Wheat.

Labels are also a good place to point out high-quality ingredients with a backstory. If your food products have ingredients you鈥檙e proud 辞蹿鈥搇颈办别 locally-sourced fruits or herbs from your home 驳补谤诲别苍鈥搒丑辞飞肠补蝉别 them on your product label as well.

Tax or No Tax?

The rules on collecting sales tax are blurry when it comes to online food businesses, but generally, legislation says that if you have a physical presence in the state (i.e. a kitchen, storefront, etc.), you do need to collect sales tax on sales made within your state of business, but not for sales made to out-of-state buyers. If you don鈥檛 have a physical presence in the state and your operation is strictly online-only, you do not need to collect sales tax.

To read more on this topic, check out:

Ship Accordingly

Last, but not least, you鈥檒l want to make sure you鈥檙e shipping聽your food products safely and meeting the requirements of your desired shipping provider. If your products do not require refrigeration, often times you鈥檒l simply be required to mark your packages as “perishable” and/or “fragile”.

However, if the quality of your food products will suffer when exposed to extreme cold or heat (ask yourself: Will this easily melt?), you may need to find a shipping supplier that offers 聽or include refrigerants in your packaging. Always insulate your packages to reduce the transfer of heat or cold through container walls.

Finally, keep in mind that fresh fruits and vegetables are nonmailable unless presented in a 

Know the Rules & Regulations to Selling Food Online

With the right information and preparation, you can get your food products off the ground in no time at 补濒濒鈥揳苍诲 can rest assured that you鈥檙e making strides toward a healthy cooking environment, too.

Remember that you can sell food from home, which makes it much easier to get started. Such things like selling baked goods from home are incredibly popular.

Make sure you keep your permits and certifications up-to-date as your business progresses, and check back to see what changes have been made with laws and requirements. As a proactive business owner, you鈥檒l earn the trust and respect of your customers and can build a reputable food business.

Do you want to learn more about selling food online?

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About the author

Ashley leads 黑料门鈥檚 customer success initiatives and is passionate about creating happy customers and maximizing value. When she isn鈥檛 chatting with customers you鈥檒l likely find her playing outdoors on a surf or snowboard.

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