How to start a food business from your home in Pennsylvania
Becoming a business owner doesn't always have to be hard.
Break out that generations-old secret family recipe, because there’s money to be made — and you can do it all from your home kitchen.
For folks looking for a side hustle or a new career path, an at-home food business might be the low-cost and easy-access business for you to start.
In Pennsylvania, you are legally allowed to operate certain businesses within your home. When it comes to preparing food in home-style kitchens, this is considered a Limited Food Establishment. There are specific food products that are eligible for this kind of business, but if you get the proper licensing, you can start a business right from home and for pretty cheap (the state license is only $35).
There are other food-related businesses you can operate from home like selling raw milk products or at-home meat processing. However, those businesses require more certification, inspections and consulting with government departments. For this guide, we’re going to break down home-based food businesses with the least amount of start-up costs and paperwork, plus what you need to know to make sure your business is up to code.
What is a limited food establishment?
Limited food establishments are food businesses that operate out of residential-style kitchens — usually in someone’s home — with the intent to sell their food products to the public. Like when you see mom-and-pop vendors at a market selling their own homemade jellies and jams, or people using Instagram to advertise baking pastries for your next birthday.
In order to legally operate, the business owner (also called the “limited food processor”) will need to get a Limited Food Establishment license which is issued by the state government.
The Pennsylvania Department of Agriculture oversees these businesses and requires them to go through the application process, an inspection of the property, and in some cases laboratory testing of the product they’re going to sell.
Local regulations
In addition to state licensing, there are local licenses and zoning laws that you need to follow as well, which will vary from county to county. In Philadelphia, you will also need a Commercial Activity License and Business Income Receipts Tax account (a prerequisite for any Philly business to operate). Then to start operating a Limited Food Establishment, you’ll need ______ license and ________ zoning permit use change.
How to open a city business tax account: Hosts can open a tax account at tax-services.phila.gov. You can also download and fill out a paper form with mailing instructions. You’ll need your tax account number when applying for a Commercial Activity License.
How to get a Commercial Activity License: Hosts can apply for this license at eclipse.phila.gov. If you need help applying for the license, schedule a virtual appointment. You can also schedule an appointment to apply in-person at the Permit and License Center at 1401 John F. Kennedy Blvd. on weekdays from 8 a.m. to 3:30 p.m., by calling 311 or scheduling an appointment online. This license is renewed each year.
What foods can you prepare at home and sell?
Only foods that are not time and temperature controlled for safety are allowed to be prepared in limited food establishments. Basically, any food that needs to be stored at specific temperatures or served immediately after preparation in order to be safe, is not eligible.
Here is a full list of foods that can be prepared at home and sold to the public with a Limited Food Establishment license:
Baked Goods
Dry goods, like coffee, cereal and snacks
Dressings
Sauces
Honey
Beef/Meat Jerky
Breads
Cookies
Acidified Foods
Jams or Jelly
Maple syrup/products
Cakes
Pies
Butters and spreads
Candy
Beverage/Drink
Vinegars
Dried Herb
Dehydrated foods
Nut mixes
What does an inspection of a limited food establishment look like?
A limited food establishment is inspected every 18 months at no cost to the business owner.
When the department inspects the property of a limited food establishment, inspectors are looking to make sure food can be produced safely and that exposure to foodborne illnesses is minimized. The most common issues in residential kitchens are inadequate water supply, pets in food prep areas and labeling issues (labels need four basic items: name, ingredients, net weight and manufacturer).
Inspectors will check the kitchen, cooking surfaces, and storage areas to make sure everything is clean, hypoallergenic and safe from contamination. They’ll also want to see how the business is managed by inspecting the business’s record-keeping system and how supervisors and employees are overseen.
Limited food establishments receive their inspection report after it’s completed to know what to improve on.
What happens if you operate a limited food establishment without approval?
If you are operating a limited food establishment without approval and someone reports your business to the department’s Food Safety Complaints, then an inspector will show up at your residence.
The department will figure out whether your business can be registered and work with you to get properly inspected and registered. But, if you continue to operate without a license, then you’ll receive a cease and desist letter and you could end up in court where a local judge will issue fines and penalties.
How to get a limited food establishment license in Pennsylvania
It’s a very straightforward process with a single application form, however, you need to apply for this license at least 60 days before you start producing and selling your food products. Pro tip: Don’t make any business plans without getting the necessary licensing first.
If you need to get in contact with the Department of Agriculture during this process, reach out to their program specialists: Email Suzanne Pyle at supyle@pa.gov or Robert Hein at rhein@pa.gov.
Submit an application
Download and print out the Limtited Food Establishment Registration application online, and complete the application and gather any required documents.
You can email, mail or fax the completed application and supporting documents:
Email: Send the application and documents to RA-AGPLANREVIEW@pa.gov.
Mail: Mail the application and documents to: Pennsylvania Department of Agriculture, Bureau of Food Safety and Laboratory Services, Attn: Plan Review, 2301 N. Cameron St Room 112, Harrisburg, PA 17110 (each comma represents starting a new line under the previous one)
Fax: Send the application and documents to the fax number 717-787-1873, and include a fax cover sheet that includes: Pennsylvania Department of Agriculture, Bureau of Food Safety and Laboratory Services, Attn: Plan Review, 2301 N. Cameron St Room 112, Harrisburg, PA 17110 (each comma represents the start of a new line under the previous one)
Do not send any money with the application. Paying for your Limited Food Establishment license will come later down the line, once approved. Allow for four to six weeks for the Department of Agriculture to process your application.
If your application is accepted: You will receive an approval letter via email and an inspector will reach out to schedule an on-site inspection of your residence. Once your inspection is completed and approved, your registration fee will be collected and you will receive your Limited Food Establishment license. The registration fee is $35 and you can pay by check or money order, payable to “Commonwealth of Pennsylvania.”
If your application is rejected: You will be sent a letter telling you why the plans were not approved. Correct those issues with the application, gather any additional requested information, and reapply.
If your residence fails inspection: You will receive the inspection report telling you what issues caused you to fail. Correct those issues with your residence and contact your inspector to request another inspection.
How do I renew an old license or recover a lost license?
Every year you need to renew the Limited Food Establishment license in order to keep operating legally. The Department of Agriculture will notify you about 45 days before your license expires via letter and will include a renewal application to mail back to them.
You can also renew the license online at pafoodsafety.pa.gov/Web/Login.aspx. If you do not receive a renewal application or don’t know your business code, contact the department at 717-787-4315.
If you lost your license, call the department at 717-787-4315.
The Philadelphia Inquirer is one of more than 20 news organizations producing Broke in Philly, a collaborative reporting project on solutions to poverty and the city’s push toward economic justice. See all of our reporting at brokeinphilly.org.