Regulatory Overview

A regulatory overview maps which agencies and rules apply to a food business. For U.S. bakeries that usually means FDA rules, state and local health permits, and labeling laws, with USDA covering meat, poultry and certain egg products.

  • Food safety
  • Rules, recalls & traceability

Food oversight in the United States is split among several agencies. FDA regulates foods and ingredients sold in interstate commerce, which includes most baked goods. USDA handles meat, poultry and certain processed egg products. Restaurants, grocery stores, food trucks and other retail sellers are licensed and inspected by state and local agencies, and many of those agencies build their rules on FDA's Food Code, a model code rather than a federal law. Home-based cottage food businesses are mainly governed by state cottage food laws, which most states have and which differ in what foods and sales they allow.

Knowing which rules apply helps a bakery avoid missing a permit, a registration or a required label element, and it tells the owner which office to call with questions. Rules also change over time. FDA released a new Food Code edition in September 2026, and since January 1, 2023, sesame has had to be declared as a major allergen on packaged food labels. A clear map of your regulators makes updates like these easier to catch.

Key facts

Latest FDA Food Code
2026 edition, released September 17, 2026
Major food allergens
9; sesame required on labels since January 1, 2023
FDA registration renewal
Oct 1 to Dec 31 of even-numbered years, no fee
USDA scope
Meat, poultry and certain processed egg products

In a bakery or commercial kitchen

  • Get a license or permit from your state or local health department before selling baked goods directly to consumers
  • Register with FDA before you manufacture, process, pack or hold food for wholesale, unless an exemption such as retail food establishment applies
  • Renew FDA registration between October 1 and December 31 of each even-numbered year; there is no fee to register or renew
  • Make labels truthful and declare all nine major food allergens, including sesame, on packaged products
  • Ask your local regulator which Food Code edition it enforces, because the Food Code is a model that each jurisdiction adopts on its own

For home and cottage bakers

  • A private residence is not an FDA facility, so a home kitchen does not need FDA registration
  • Read your state's cottage food law for allowed foods, sales limits, licensing and required label wording before you sell
  • Expect cottage food products to stay in-state; products made under one state's law generally cannot be sold in another

Related entries

Sources

Written by VanillaGoods in our own words from these sources. Last reviewed October 17, 2026.

  1. How to Start a Food Business, U.S. Food and Drug Administration
  2. The FDA Releases 2026 Food Code, U.S. Food and Drug Administration
  3. Food Facility Biennial Registration Fact Sheet, U.S. Food and Drug Administration
  4. The FASTER Act: Sesame Is the Ninth Major Food Allergen, U.S. Food and Drug Administration
  5. Mississippi Cottage Food Operations: Regulations and Guidance (P3286), Mississippi State University Extension