How to Legally Sell BBQ From Home?

AKMIMNAK · Dec 23, 2018

First off, I am a total novice at the idea of selling BBQ. I've done a bit of poking around on my state food regulations site and FDA stuff, but I'm looking for your expertise if you've done what I'm trying to do:

Can a guy start a small part-time catering or food truck type gig without getting some fancy commercial equipment? I see people all the time selling food on facebook (like egg rolls, pot stickers, empanadas, etc.) but everything I'm seeing online indicates you're not supposed to sell home cooked meats and other perishables. Are these people illegal? Is there a loophole I'm missing? Am I misreading the regs?

I have a window of time here in grad school where I can do any part time job I want, and I'd love to work for myself and do something I actually enjoy, like BBQ. If you know of a way I can do that without opening a restaurant or using a commercial kitchen, I'm all ears.

Thank you!

stan5677 · Dec 23, 2018

You'll definitely need a license to sell food

Joshw · Dec 23, 2018

You would have to talk to the health department, and local inspectors. To sell perishable items, your kitchen will have to be certified. More than likely, you won't be able to do that. Most states have cottage food laws, that allow the sell of some baked goods. Other than that, you would have to rent space in a commercial kitchen.

Good Luck.

SmoothBoarBBQ · Dec 23, 2018

In my state there is no legal way to sell prepared food from your house. You'll need a commercial (commissary) kitchen to prep the food, wash your dishes, etc.. If you want to cook on a smoker you'll need to get that certified by the health department as well, and you'll need to have it in an area where it can be completely screened off.

Things vary state by state, so there might be a chance, but it's probably not worth the risk. Imagine if someone says your food got them sick...how would you cover the cost of that lawsuit? Do you have liability insurance? Do you have a business or LLC already setup for tax purposes? All this stuff takes time to setup and requires money. You're on the governments timeline so it can take weeks or up to a month just to get the business legally up and running.

Rockinar · Dec 23, 2018

I know a chick who makes wedding, birthday cakes and cupcakes out of her apartment. She's really good at it and the cakes are really good. But no licenses, health inspection, etc.

So you don't HAVE to. It just depends on what you're willing to risk if you get caught.

TuscaloosaQ · Dec 23, 2018

I know a lot of people that will do a large cook on their smoker and sell some of it.... is it legal NO but they also know who they sell to..... going 75 MPH in a 55 MPH zone is not legal either..... to each his own I guess....

smoke ninja · Dec 23, 2018

some states/counties have farmers market exemptions for certain things.

dufftj · Dec 23, 2018

No worries bro.
You can easily sell your LSG to me to make
Bail.....

kurtsara · Dec 23, 2018

Rockinar said:
I know a chick who makes wedding, birthday cakes and cupcakes out of her apartment. She's really good at it and the cakes are really good. But no licenses, health inspection, etc.

So you don't HAVE to. It just depends on what you're willing to risk if you get caught.

Here in Minnesota you can do cupcakes or cakes out of your house until you make a certain amount of money then you need a commercial kitchen.

Cook · Dec 23, 2018

Rockinar said:
I know a chick who makes wedding, birthday cakes and cupcakes out of her apartment. She's really good at it and the cakes are really good. But no licenses, health inspection, etc.

So you don't HAVE to. It just depends on what you're willing to risk if you get caught.

Most baked goods fall under a state's "cottage law", and is perfectly legal.

Cook · Dec 23, 2018

kurtsara said:
Here in Minnesota you can do cupcakes or cakes out of your house until you make a certain amount of money then you need a commercial kitchen.

Cottage Law

Nevrqutsmokin · Dec 23, 2018

I just seen a dude selling chicken and ribs and another woman selling hot tamales on Facebook just the other day. I guess it ain't illegal until you get caught but I personally wouldn't want to take the risk of it unless I knew exactly who I was selling to.

Cook · Dec 23, 2018

AKMIMNAK said:
Can a guy start a small part-time catering or food truck...

Thank you!

In these situations it is always best to make a call or visit your local health department. They will be more than happy to assist. Bear in mind that whatever they tell you has to be in the written law. When they explain to you what you can't do, ask them to show you the code that backs up what they are saying...they'll do that for you as well, and it helps you put the pieces of the puzzle together.

All those people you see selling on Facebook are indeed doing it illegally...the vast majority anyway.

Czarbecue · Dec 23, 2018

Rockinar said:
I know a chick who makes wedding, birthday cakes and cupcakes out of her apartment. She's really good at it and the cakes are really good. But no licenses, health inspection, etc.

So you don't HAVE to. It just depends on what you're willing to risk if you get caught.

Yep. I see a guy parked in front of a convenient store with his 84” Lang every weekend and he doesn’t seem legit. I bought some sausages from him and everything down to the fruity cigars and the cash hand to hand was a bit off.

HouseDoc · Dec 23, 2018

Keep it as a hobby, I ruined many a hobby turning them into small biz.

drunkenmeatfist · Dec 23, 2018

This thread has inspired me in a different direction. I am going to contact my local PD to see if they have an opening for an undercover illegal food buyer. Sounds like a fun job.

Michigan BBQ Fan · Dec 23, 2018

Rockinar said:
I know a chick who makes wedding, birthday cakes and cupcakes out of her apartment. She's really good at it and the cakes are really good. But no licenses, health inspection, etc.

So you don't HAVE to. It just depends on what you're willing to risk if you get caught.

Often, cake business fall under the "Cottage Food Law". They do where I live in Michigan.

medic92 · Dec 23, 2018

Don't sell food, sell napkins or toothpicks for $8 apiece. With every napkin or toothpick you throw in a free pulled pork or brisket sandwich. :wacko:

sudsandswine · Dec 23, 2018

I definitely understand the need for some guidelines and standards to keep people from getting sick, but I wish there was some middle ground somewhere between "not cooking to sell at all" and "requiring full blown health dept certified kitchen". I'd love to try doing a fair or festival once in a while but to comply with regulations you almost have to do it full time to justify the cost/hassle.

Smoke Dawg · Dec 23, 2018

We considered a food truck but after looking into the legal requirements in our state, it was not worth it for us

How to Legally Sell BBQ From Home?

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