The Anchorage Food Code (AMC 16.60.105) allows individuals to prepare and sell certain foods made in home or commercial kitchens without a food establishment permit or routine inspection, provided all requirements are met.
Overview
Homemade food may be prepared and sold directly to consumers when it meets the requirements outlined in AMC 16.60.105. The code establishes standards for preparation, ingredients, labeling, signage, and consumer information.
Homemade food cannot be sold wholesale, for resale, or on consignment, and it may not be used as an ingredient in a product sold by another person or business. Sales are limited to direct-to-consumer transactions for personal consumption, including by the buyer’s employees and non-paying guests.
What the Code Allows:
Producers may: - Prepare food in a home or commercial kitchen and transport it to a sales location
- Reheat, hot-hold, or cold-hold food at the point of sale
- Serve, portion, or assemble food on-site
- Add toppings or garnishes at the sales location
Food preparation (cooking and processing) must done at the designated kitchen.
Producers may not: - Sell products wholesale, for resale, or on consignment
- Use homemade food as ingredients in other commercial food products
- Display homemade food alongside inspected or commercially regulated food
Selling Options
Temperature Control for Safety (TCS) Food Items that require refrigeration for safety (such as cheesecakes or cream-filled pastries) must be sold directly by the producer to the consumer.
Non-TCS Food Shelf-stable items that do not require refrigeration (such as cookies or scones) may be sold by the producer, an agent of the producer, or a third-party retailer.
Labeling, Signage, and Consumer Information
Homemade food must be clearly identified as uninspected and properly labeled before sale.
Display: Homemade food must not be placed on the same shelf or display as inspected food.
Signage: A visible sign must inform customers that the food was made in a home kitchen, may contain allergens, and is not regulated or inspected, except for meat and meat products.
Packaged Food Requirements
Each package must include:
- The producer’s name, current address, phone number, and business license number
- The statement: “This food was made in a home kitchen, is not regulated or inspected, except for meat and meat products, and may contain allergens.”
Unpackaged Food Requirements
Before completing a sale, producers must inform customers that:
Sales Through Agents or Third-Party Sellers
Only non-TCS foods may be sold through an agent or third-party retailer. All parties involved—producer, agent, and seller—must comply with the same requirements for labeling, display, and consumer information.
Wholesale, resale, and consignment sales are not permitted. Properly executed sales through an agent or third party are not considered wholesale when they meet the requirements of AMC 16.60.105.
While not required, a written agreement between producers and sellers is strongly recommended to:
- Define responsibilities and expectations
- Outline payment and delivery arrangements
- Document compliance with AMC 16.60.105
Selling at Permitted Food Establishments
Permitted food establishments such as coffee shops may sell homemade food as an agent or third-party retailer. However, these products are not covered under the establishment’s food service permit.
Operators shall:
- Keep homemade and inspected food displays separate
- Clearly label homemade items on menus and displays
- Serve homemade products separately from permitted menu items
These steps ensure that permitted operations remain distinct from activities covered by AMC 16.60.105.
Additional Requirements
The homemade food provisions apply only to food safety regulations under AMC 16.60.105. Other municipal, state, or federal requirements may still apply, including business licensing, taxes, zoning, or vendor permits.
Consultation and Support
UAF Cooperative Extension
Provides guidance on product selection, labeling, and sales under AMC 16.60.105.
Alaska Small Business Development Center (SBDC)
Offers business planning assistance and support for producer–seller agreements.