Home Bakery Permit Requirements in Boston, MA

1. EIN (Employer Identification Number)

   Required if you have employees or operate as an LLC/corporation. Free from the IRS.

   Official government source

   Free·Immediate (online)

   Free

   Immediate (online)

1. Massachusetts Retail Residential Kitchen Permit (Cottage Food Operation, 105 CMR 590)

   Massachusetts has no exemption that lets a home baker sell without a permit. Anyone producing food in a home kitchen for sale direct to the consumer — including farmers markets, craft fairs, and internet or mail order — is a Retail Residential Kitchen and must be permitted as a Cottage Food Operation by the local board of health under 105 CMR 590.010(F)(2)(a). In Boston, food establishment permits and inspections are handled by the Inspectional Services Department's Division of Health Inspections. Only Cottage Food Products may be made — foods that can be safely held at room temperature, such as baked goods, jams and jellies — and products must be properly labeled. Cooking for your own family or for a charitable bake sale does not require a permit; selling wholesale to stores or restaurants instead requires a DPH Wholesale Residential Kitchen license under 105 CMR 500.

   Official government source

   Permit fee is set by the local board of health. Boston's published ISD Health fee list puts retail food permits at a $100 minimum for locations under 2,500 square feet; confirm the residential kitchen category and current amount with ISD Health (617-635-5326).·Allow several weeks — a permit is issued only after application review and inspection

   Permit fee is set by the local board of health. Boston's published ISD Health fee list puts retail food permits at a $100 minimum for locations under 2,500 square feet; confirm the residential kitchen category and current amount with ISD Health (617-635-5326).

   Allow several weeks — a permit is issued only after application review and inspection

2. Wholesale Residential Kitchen License (MA DPH, 105 CMR 500) — if selling to stores or restaurants

   Massachusetts has no sales-volume exemption threshold for home food businesses; the $25,000 figure does not exist in the rules. What determines the permit is who you sell to. Selling direct to consumers — including farmers markets, craft fairs, and internet or mail order — makes you a Retail Residential Kitchen, permitted as a Cottage Food Operation by the local board of health under 105 CMR 590.010(F)(2)(a) (in Boston, the Inspectional Services Department's Division of Health Inspections). Selling wholesale — to a supermarket, restaurant or other business that resells to the ultimate consumer — makes you a Wholesale Residential Kitchen, which is inspected and licensed by the Massachusetts Department of Public Health Food Protection Program under 105 CMR 500.015(B). Both categories are limited to foods that can be safely held at room temperature; producing potentially hazardous foods means moving to a licensed commercial kitchen.

   Official government source

   Retail permit fees are set by the local board of health (Boston's published retail food permit minimum is $100 for locations under 2,500 square feet); confirm the current wholesale license fee with the DPH Food Protection Program·Both routes require application review and inspection before you may sell; allow several weeks

   Retail permit fees are set by the local board of health (Boston's published retail food permit minimum is $100 for locations under 2,500 square feet); confirm the current wholesale license fee with the DPH Food Protection Program

   Both routes require application review and inspection before you may sell; allow several weeks

3. MA Secretary of the Commonwealth — Business Entity Registration

   Required by the Massachusetts Secretary of the Commonwealth for LLCs, corporations, and other formal business entities. Sole proprietors and partnerships operating under a business name in Boston file a Business Certificate (DBA) with the Boston City Clerk's Office instead — Massachusetts business certificates are a city/town function, not a county one, and Suffolk County government was abolished in 1999.

   Official government source

   $500 for an LLC Certificate of Organization (MGL c.156C s12; the annual report is also $500). $275 minimum for corporation Articles of Organization (up to 275,000 authorized shares, plus $100 for each additional 100,000 shares); the corporate annual report is $125 ($100 filed electronically). A Boston Business Certificate (DBA) is $65.·Online filings with the Corporations Division are processed quickly; confirm current processing times when filing

   $500 for an LLC Certificate of Organization (MGL c.156C s12; the annual report is also $500). $275 minimum for corporation Articles of Organization (up to 275,000 authorized shares, plus $100 for each additional 100,000 shares); the corporate annual report is $125 ($100 filed electronically). A Boston Business Certificate (DBA) is $65.

   Online filings with the Corporations Division are processed quickly; confirm current processing times when filing

1. Boston Zoning — Accessory Home Occupation (no standalone permit)

   The Boston Zoning Code (Article 2) defines an 'Accessory Home Occupation' as an occupation for compensation customarily carried on in a dwelling unit by a person residing there, which must be carried on in the main building, require only equipment ordinarily incident to a dwelling unit, require no nonresident help, and not involve trading in merchandise. It is treated as an accessory use under Article 8, Section 8-2.5 — Boston Inspectional Services does not issue a separate 'Home Occupation Permit.' Because the definition excludes occupations involving trading in merchandise, a commercial home bakery selling baked goods generally will not fit the accessory home-occupation definition and will need zoning review or relief; confirm your address and use with ISD. Separately, home food production requires a Residential Kitchen permit from the ISD Health Division under the state Food Code (105 CMR 590).

   Official government source

   No standalone home occupation permit fee. If zoning relief is required, Boston's published ISD fee schedule lists a Board of Appeal filing fee of $150 primary for one- to three-family properties (and $150 per violation cited for four-family and commercial).·Zoning compliance is confirmed through ISD permit or occupancy review; a Board of Appeal case adds a hearing schedule

   No standalone home occupation permit fee. If zoning relief is required, Boston's published ISD fee schedule lists a Board of Appeal filing fee of $150 primary for one- to three-family properties (and $150 per violation cited for four-family and commercial).

   Zoning compliance is confirmed through ISD permit or occupancy review; a Board of Appeal case adds a hearing schedule

Official Sources

• MA Department of Agricultural Resources - Cottage Food
• Boston Inspectional Services Department
• MA Department of Public Health - Food Licensing

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