Doesn’t anyone who sells food have to be licensed?
No. Under the FDA’s Model Food Code, which has been widely adopted at state level, only a “food establishment” needs to be licensed. The definition of “food establishment” expressly excludes a kitchen in a private home so long as (1) the food is sold as part of a community function such as a bake sale, (2) the food is not “potentially hazardous” (as that term is defined in the Model Food Code) and (3) the consumer is made aware that the kitchen is not officially licensed. Cookum believes that transactions that are conducted through Cookum in compliance with our Terms of Service meet all three of these requirements: • Selling home-made dishes to members of your community on a one-on-one basis is the same principle as selling them at a community function like a bake sale. The Model Food Code is several years old and does not specifically contemplate Internet-based transactions, but Cookum management believes that both the spirit and the letter of the exception for community functions app
