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Starting a Homebased Food Business on a Sweet Note Make sure to follow state regulations when selling

Opinions expressed by BIZ Experiences contributors are their own.

Q: I'd like to start a homebasedbusiness selling homemade candy. How do I find out what regulationsI have to follow?

Name withheld

A: The idea of turning your recipesinto a source of income right from your kitchen appeals to manypeople. To sell your candy, check your state's laws andregulations, because what you are permitted to do in a home kitchenvaries from state to state. You may find these regulations on yourstate's Web site, or you may find contact information for thepertinent agency. Some states bar the commercial sale of foodprepared in a residential kitchen. Others distinguish betweenperishable and nonperishable food. Still other states allow foodprepared in a home kitchen if gross sales are under a specifieddollar amount. Some states distinguish between food that is soldretail and food that is sold wholesale.

What are your alternatives if you can't get a license tomake food for sale in your home kitchen? You may be able to rent acommercial kitchen in its off hours, such as in a church, a firestation or a state park. Some states offer startup food businessesthe use of incubator kitchens. Once your business is producing apositive cash flow, consider installing a commercial kitchen inyour home that will pass state and local health-code inspections.But before spending big bucks, make sure local zoning allowscommercial kitchens in homes in your area.

Keep in mind, too, that if you want to sell food online,you'll be limited because the FDA doesn't allow food madein a home kitchen to be sold in interstate commerce. And someinstitutional buyers, like universities, have policies stating thatno food prepared or stored in a private home may be used or sold intheir food facilities.


Authors and career coaches Paul and Sarah Edwards havewritten 15 books, including Working From Home. Send your questions towww.workingfromhome.com.

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