May Not Be Prepared
What types of processing operations
The following are answers to some of the
are prohibited in a residential
most commonly asked questions about
kitchen?
residential kitchen operations.
Processing operations that are prohibited
There are an increasing number of private
What kinds of foods may be
include: acidification, hot fill, thermal
prepared in a residential kitchen?
citizens preparing food products in their
processing in hermetically-sealed containers,
home kitchens for sale. Massachusetts allows
vacuum packaging, and curing/smoking. The
Residential kitchens are strictly limited to
its residents to operate home-based
only exception is jams and jellies that are
the preparation of non-potentially hazardous
businesses to produce low-risk foods, such as
thermal-processed in hermetically-sealed
foods (non-PHFs), such as baked goods,
cakes, cookies, breads, and confectioneries.
containers.
confectioneries, jams and jellies. Non-PHFs,
Currently, the Massachusetts Department of
such as cakes and cookies, which have PHF
To evaluate the non-potentially
Public Health Food Protection Program
ingredients are acceptable.
hazardous status of a food, what
receives more than 200 inquiries per year
type of laboratory analysis may a
from citizens interested in starting home-
What kinds of foods may not be
board of health or the
based food businesses.
prepared in a residential kitchen?
Massachusetts Department of Public
Health request?
Home-based food businesses are allowed
The preparation and sale of potentially
within specific regulatory limitations.
hazardous foods (PHF) such as cream-filled
The board of health or the Massachusetts
pastries, cheese cake, custard and other foods
Department of Public Health may require
Retail residential kitchen operations are
which can support the growth of disease-
laboratory documentation that the food has a
restricted to sales directly to the consumer,
causing bacteria are strictly prohibited.
final pH of 4.6 or below or a water activity of
and are inspected and licensed by the local
0.85 or below.
board of health.
In addition, perishable foods that require
refrigeration, such as cut fruit and vegetables,
When reporting results, the laboratory must
Wholesale operations may sell their products
tomato and barbeque sauce, pickled
reference the standardized testing procedure.
to retail stores, restaurants, etc., and are
products, relishes and salad dressings are not
inspected and licensed by the Massachusetts
permitted in residential kitchens.
Residential kitchen operators must keep
Food Protection Program.
records of analysis of products on file for
Also, all foods that are manufactured or
review.
At the end of this brochure, there is a list of
packaged using processes that require state
Persons preparing food products must
regulations pertaining to retail and wholesale
or federal control (e.g.,, acidification, hot fill,
maintain a standardized recipe of the
residential kitchens, as well as information about
vacuum-packaging, etc) are prohibited.
products used in the preparation of the food:
obtaining copies.
Garlic-in-oil products are not permitted.
listing all ingredients in order of weight. Any
change in the recipe constitutes a recipe
deviation, and a new analysis may be
required.
Are there labeling requirements for
Massachusetts Residential Kitchens
foods manufactured in a
residential kitchen?
Regulations
Residential
Retail Sale:
Yes. All foods prepared in a residential
105 CMR 590.000 Minimum Sanitation Standards for Food
kitchen must be labeled with all ingredients
Establishments, Chapter X
Kitchens
(in order of amount by volume), list of
105 CMR 520.000 Massachusetts Labeling Regulations
allergens, name of residential kitchen,
address and/or phone number, and sell-by
Wholesale:
date, if required.
105 CMR 500.000 Good Manufacturing Practices
105 CMR 520.000 Massachusetts Labeling Regulations
Are there any personnel, marketing
Questions
or volume restrictions for
Unofficial copies of all these regulations are available
residential kitchens?
at: http://mass.gov/dph/fpp, under Quick Links, Food
Protection Program Regulations
and
Yes. First, only household members may be
License Applications
employed in the operation.
A residential kitchen that wholesales its product is
Answers
required to obtain a License for Food Processing and/or
Second, the use of brokers, wholesalers, and
Distribution at Wholesale from the Massachusetts
warehouses by residential kitchen operators
Department of Public Health.
to store, sell, and distribute foods prepared in
residential kitchens is prohibited.
An application for a License to Manufacture and/or
Massachusetts
Distribute Food at Wholesale is available at
Department of Public Health
http://mass.gov/dph/fpp/, under Quick Links, License
Food products manufactured in
Bureau of Environmental Health
Application Forms
Massachusetts residential kitchens may not
Food Protection Program
be sold out-of-state (in interstate commerce),
A guidance document, “Notice for Applicants for a
because the U.S. Food and Drug
License to Manufacture/Distribute Food at Wholesale
617-983-6712
Administration does not recognize these
from a Residential Kitchen,” is available at
TTY: 617-624-5286
foods as originating from an approved source.
http://mass.gov/dph/fpp, under Quick Link, License
Application Forms
305 South Street
Jamaica Plain, MA 02130
If you have questions about retail residential kitchen
Official copies of the regulations are available
operations, inspections, or licensing, contact your
board of health.
at the State Bookstores:
Bookstore, Room 116
If you have questions about wholesale residential
Massachusetts State House
kitchen operations, or licensing, contact the:
Beacon Street
Massachusetts Department of Public Health
Boston, MA 02133
Bureau of Environmental Health
Food Protection Program
or telephone:
305 South Street, Jamaica Plain, MA 02130
Boston: 617-727-2834
617-983-6712
Springfield: 413-784-1376
TTY: 617-624-5286
Fall River: 508-646-1374
March 2009
