Find a commercial kitchen

Your checklist for selling meals legally

The details differ by city and county, so each step says what to ask. This is a guide, not legal advice: your health department has the final word.

1. 1

   A licensed kitchen to cook in

   A shared commercial kitchen (also called a commissary or kitchen incubator), or a restaurant, church or caterer kitchen that holds a current health permit and rents out time.

   Ask the kitchen: Can I see your health permit? What's the hourly or monthly rate? Is there cold and dry storage for my ingredients? Do you help renters with permits?

2. 2

   Your own food permit

   Most health departments require each business that cooks in a shared kitchen to hold its own permit or license (it may be called a food establishment, caterer or food manufacturer permit), naming the kitchen you use.

   Ask your city or county health department: Which permit do I need to sell meals I cook in a rented commercial kitchen, and is there a plan review or inspection?

3. 3

   Food safety certificate

   Expect everyone who cooks to need a food handler card, and many places require the business to have a certified food protection manager (for example ServSafe Manager or an equivalent accredited exam).

   Ask the health department which certificate it requires, and whether an online course is accepted.

4. 4

   Liability insurance

   Most shared kitchens require general and product liability insurance, usually naming the kitchen as an additional insured. Short-term or per-event policies for small food businesses exist.

   Ask the kitchen what coverage amount it requires, and get a certificate of insurance before your first shift.

5. 5

   Business basics

   Register your business name if it isn't your own name, and check whether your state charges sales tax on prepared food. Label each meal with its name, ingredients and allergens.

   Ask your state's revenue or comptroller office about a sales tax permit for prepared food.

6. 6

   Safe pickup and delivery

   Keep hot food at 135°F or above and cold food at 41°F or below from the kitchen to the customer (the temperatures in the FDA Food Code most health departments follow).

   Ask the health department whether it has rules for transporting food or for where pickups can happen.