Navigating regulatory requirements is one of the most critical and challenging aspects of running a shared commercial kitchen. From obtaining food production licenses to ensuring compliance with health and safety standards, these regulations shape how your kitchen operates and the services you can offer. A deep understanding of these requirements is essential for legal compliance and a key value your kitchen provides to entrepreneurs using your space. Guiding your members through the complexities of licensing and food safety helps them thrive while positioning your kitchen as a trusted resource.
This chapter explores the intricate landscape of regulatory bodies involved in shared kitchen development and operations. You’ll learn how local, state, and federal agencies like the United States Department of Agriculture (USDA) and Food and Drug Administration (FDA) oversee different aspects of food production and how to secure the necessary licenses for your kitchen and its members. We also delve a bit into building codes, zoning requirements, and the importance of accessibility, including compliance with the Americans with Disabilities Act (ADA). Alongside these practical details, we offer strategies for working closely with regulatory agencies to streamline your kitchen’s operations and avoid costly mistakes.
While this chapter provides a high-level overview of the regulatory requirements for shared commercial kitchens, it’s important to remember that regulations can vary significantly by location. Every city, county, and state may have its own rules, and national agencies like the USDA and FDA may impose additional standards. The information in this chapter is designed to guide you through key concepts and typical regulations, but it is by no means exhaustive.
We strongly encourage you to conduct your own research and consult with local regulatory agencies to fully understand the specific requirements that apply to your kitchen. Building strong relationships with regulatory bodies and seeking advice from experts familiar with your region is essential to ensuring compliance and avoiding costly issues. Always stay updated on the rules and regulations specific to your area to keep your kitchen running smoothly and legally compliant.
Regulatory Requirements for New Kitchens
Your licensing and local codes will set the parameters for what is required and allowable in your space, so it is crucial to consult with the pertinent regulatory agencies early in the process. This step is essential for ensuring the entire process runs smoothly. Understanding as much as you can about these requirements before you settle on a site or draw up any plans will save you time, money, and heartache. It will reduce the chances of costly change orders due to code- or regulation-required alterations during construction. Additionally, regulatory compliance will be an ongoing responsibility of the kitchen, so it’s important to understand all the requirements the kitchen needs to meet.
As you learn more about building, planning, health department, and licensing regulations, you will likely discover requirements that significantly alter your vision. For instance, limits on the number of businesses allowed to share a single kitchen area, simultaneously or consecutively, can radically change your revenue projections. Requirements for dedicated single-user base stations for food trucks can greatly impact your space and layout needs. Additionally, mandates to install large grease traps and special wastewater monitoring equipment may necessitate expensive site renovations. Various building code requirements for ventilation, fire safety, or earthquake resistance can significantly affect your construction budget.
To mitigate these and other challenges, ensure the designers and contractors you are working with understand these requirements thoroughly and meet with the licensing agency to clarify requirements. This understanding will help plan and execute the project without costly interruptions and adjustments.
Identifying Regulatory Agencies
You will need approvals from various regulatory agencies when developing and operating a shared kitchen. Here’s a comprehensive list of the typical agencies involved and their roles:
Online research is a good way to familiarize yourself with the agencies involved, their rules, and key terminology. Each agency has a different focus, so while one type of flooring may meet the building code, it may not be acceptable to the health department. Understanding each agency’s requirements will help you navigate the regulatory landscape more effectively.
Some larger cities, like Chicago, have developed licensing and code guidance for commissary, shared, and incubator kitchens. However, most do not provide specific guidance. If you need help interpreting how the rules apply to a shared kitchen, contact the agencies directly or hire a designer or consultant with experience in your local jurisdiction. By consulting these regulatory agencies early in the planning process, you can ensure compliance and avoid costly modifications during construction.
Accessibility and ADA Compliance
As you design your facility, you must carefully consider its accessibility for people with disabilities. One in four people in the United States has some form of disability. Accessibility is critical to ensure persons with disabilities can fully participate and access the facility independently. The ADA and its updated rules require businesses and property owners to make their properties and services accessible to persons with disabilities and make reasonable accommodations to improve access.
Requirements can vary depending on several factors, including the facility’s uses and whether the facility serves the public through retail, events, or food service. The rules are not just limited to new construction. To ensure compliance, existing buildings may need to modify entrances, counter heights, parking areas, restrooms, and dining areas.
When selecting a design team, ask whether they know ADA requirements. If necessary, find an outside consultant, lawyer, and/or inspector to review the requirements and plans before starting construction. Keep in mind that local building inspectors may not be fully versed in all the rules. It is the responsibility of the business and facility owner to know what the rules are and to comply with them.
You want to ensure you understand ADA compliance before building your kitchen. Retrofitting an existing building for accessibility can be costly and complex. To avoid potential legal issues and ensure compliance, accessibility should be integrated into the design and construction process from the outset. Recently, there’s been an increase in lawsuits filed against restaurants and food service facilities for ADA violations and for website accessibility issues. You must look holistically at accessibility in all aspects of your operations, from your buildings to your programs and communications.
The Justice Department’s ADA website provides additional guidance on accessible building design and website accessibility issued in 2024. The New England ADA Center also publishes accessibility checklists that provide a quick reference for existing buildings.
Working with Regulatory Agencies
Regulatory agencies are increasingly familiar with shared commissary kitchens and may have written guidance or experienced staff you can meet with. However, many jurisdictions still have not spelled out the specific requirements for shared kitchens because they are uncommon. As a result, agencies may have to adapt rules intended for other uses, such as restaurants or food manufacturing businesses. The type of kitchen they base the requirements on can impact your project’s zoning, building, and site requirements. Try to engage in this interpretation process with the agency and help them understand the unique aspects of your use and business model. It can be helpful to share information from other cities with them. For example, the city of Chicago has a shared kitchen operator license and a Shared Kitchen Guidebook, which could be used as guides for jurisdictions seeking a model for regulatory compliance.
If you are working with an agency that has never regulated a shared kitchen, it can help to bring floor plans and pictures/videos to help them visualize the facility and its function. Provide examples of the types of businesses that will use the space and what and how they will produce. Be prepared to answer questions about the type and scale of equipment you intend to have, who will be accessing the facility, when, and what services you plan to provide. If you have retail or food service areas, be sure to ask about any special occupancy and accessibility requirements that apply. Provide examples and resources to help the learning process.
Meeting directly with the applicable agencies throughout your planning process will give you the most accurate information. It can allow you to clarify any assumptions they may have about your activities. You can expect agencies that are unfamiliar with your use to be learning alongside you. You may find the representatives need to research before answering your questions or that the advice you receive changes before your approvals are finalized. Budgeting extra time and capital can make this less stressful.
It can also help to reconfirm the information several times along the way and to ask to speak with more experienced or senior staff if there is uncertainty. Always take notes of who you spoke with and the advice given, or request information in writing to help address any conflicting information in the future. Unlike private companies that might waive a requirement if they initially failed to communicate it correctly, these agencies rarely have the authority to make exceptions, so it is in your best interest to work hard to get the correct information.
A patient, collaborative, and diligent approach will help you work successfully with the various agencies. Share how your project aligns with their goals and will benefit the community so they understand the value of your kitchen. Remember that you will have a long-term relationship with local licensing agencies; it helps to maintain a good rapport with them. Licensing agencies can also be a good source of referrals for your kitchen since they work with unlicensed and searching food businesses.
You may wish to reach out to other shared kitchens in your community or region to learn from their experiences navigating regulatory requirements. You can connect with shared kitchen operators through the Network for Incubator and Commissary Kitchens (NICK) online group and the annual Shared Kitchen Summit.
Securing Food Production Licenses
Understanding the necessary food licenses and regulatory requirements is crucial when operating a shared commercial kitchen. There are four main regulatory bodies for food and beverages. Here’s a breakdown of the key agencies and their roles:
Local and State Food Licenses
Generally, each food business will need its own license to operate in a shared commercial kitchen, although this can vary by state or locality. The requirements of food licenses are usually specific to each business’s food products, processes, and sales channels.
Understanding which regulatory agency governs your members can be clarified by having them define their target audience and the nature of their sales. If they sell food directly to consumers—whether through a brickand-mortar store, a farmers’ market, or e-commerce— they may only need approval from local or state agencies, such as the county health department or state agriculture agency. However, if their products are distributed to retailers, wholesalers, or sold across state lines, federal regulatory compliance becomes necessary. This is typically overseen by the FDA or the USDA, depending on the product type.
In some less populated states, such as Montana, the FDA may serve as the primary governing body for interstate sales. Understanding this distinction early on will help ensure that your members meet all regulatory requirements based on the scope and scale of their business operations.
The point is that you will likely need to work with more than one licensing agency. This means your facility often has to meet several different food licensing requirements for the types of businesses it hosts. Additionally, your kitchen will likely need its own commissary-type operating license. Meat products have additional USDA requirements, as discussed earlier. The typical breakdown of local and state agencies by business type is outlined below.
There is considerable variation in the requirements from agency to agency at the state and local levels, so there is no simple way to summarize food licensing rules here. If you are considering sites or buildings in multiple jurisdictions, check if the requirements differ between them. Also, remember that licensing and permitting requirements can change over time.
As shared kitchens have become more common, licensing agencies are developing more specific rules to govern them. Monitor the relevant agencies for proposed rule changes during your planning and keep in touch with them during your build-out phase. Developing relationships with these agencies and keeping them updated on your project is a best practice, which will help with the overall timeline and future rapport. We discuss working with licensing agencies further in the following section.
Federal Food Agencies and Laws
U.S. Department of Agriculture (USDA):
If you plan to accommodate meat processing or the production of packaged products that include meat, you will need to meet USDA standards and obtain a grant of inspection. The USDA typically regulates:
- Slaughterhouses
- Meat processors
- Poultry processors
- Egg processors
- Food processors whose products contain meat at a percentage over the USDA threshold (e.g., >2% cooked meat, >3% raw meat).
The Federal Meat Inspection Act (FMIA), the Poultry Products Inspection Act (PPIA), and the Egg Products Inspection Act (EPIA) regulate these. The USDA’s Food Safety and Inspection Service (FSIS) handles food inspections and recalls. For more information, visit the USDA website or consult your state department of agriculture to determine if a given product or process requires USDA involvement.
Food and Drug Administration (FDA):
The FDA regulates all foods except meat, poultry, and processed egg products (regulated by the USDA). Some of the agency’s rules may be incorporated into the state department of agriculture rules. However, the FDA also performs its own inspections for food facility registrations. The FDA oversees various aspects of processed, packaged, and imported foods and the facilities that produce them via these policies:
- FDA Food Code. Governs the processing and packaging of food and the facility requirements for food facilities, including materials, equipment, sanitation, and chemical handling.
- Food facility registration. Required if your facility handles, processes, or warehouses foods on behalf of your members. Members must register directly with the FDA if they maintain control of their foods. Inspections typically occur every three to five years. Exemptions from some preventive controls and record-keeping requirements exist for small businesses, but you must apply for a qualified entity exemption and renew it every two years.
- Labeling. The FDA enforces the labeling of packaged food products, including nutritional labeling and health claims. State departments of agriculture usually inspect labels based on federal rules.
- Allergens. Kitchens and food processors must be familiar with FDA requirements for allergen control and labeling, which are subject to change.
- Food recalls. The FDA oversees recalls for processed and packaged foods that are outside the USDA’s jurisdiction.
- Supplements. The FDA regulates dietary supplements and ingredients under the Dietary Supplement Health and Education Act of 1994 (DSHEA), including notification requirements for supplement functional, well-being, and nutrient claims.
By familiarizing yourself with these agencies and their requirements and maintaining proactive communication, you can ensure your shared kitchen complies with all necessary regulations. This preparation will help avoid costly adjustments and delays during the development and operation of your facility.
Third-Party Food Safety Audits
Researching third-party food safety standards is crucial if your facility will be processing, co-packing, or supporting entrepreneurs in selling to large retailers. Wholesale buyers or distributors often require these audits as part of their “supplier verification” to confirm the quality and safety of the product. These audits are typically needed once the product reaches a certain scale of distribution and are often not required for small, local retailers.
Standard certifications include Safe Quality Food (SQF), Brand Reputation through Compliance Global Standard (BRCGS), Food Safety Global Standard, and Food Safety System Certification (FSSC) 22000, which are benchmarked against Global Food Safety Initiative (GFSI) standards. Additionally, there are other standards based on HACCP and GMP. The retailer will specify the type of audit required. Food safety consultants and software can help your facility develop the necessary plans, procedures, and records to
Shared Kitchen Operators that reported accommodating the following certification or production practices (Respondents were asked to select all that apply)
Gluten free
Pet food
None of the above
Fermenting
Non-food health and wellness products
Allergen free
Cold room
Kosher
Halal
CBD/Hemp production
Edible cannabis production
pass these inspections. However, understanding the audit and certification processes and requirements from the beginning can help your facility, and members develop practices and records that make these audits easier to pass. Obtaining certification in a shared kitchen setting can be more difficult, but private, dedicated rental kitchens may have an easier time passing inspection.
Food Label Certifications
Other certifications might be important for your members in addition to third-party food safety audits. These include organic, Kosher, Halal, gluten-free, and fair trade certifications granted by private or religious organizations. Familiarizing yourself with these processes can be beneficial if you anticipate these certifications will be important to your members.
Compliance and Safety
Since food safety is such a complex and overarching responsibility of the shared kitchen operator, details are out of the scope of this Toolkit. It is your responsibility to research and understand the requirements. This section serves as a general guide and should not be considered exhaustive. It’s crucial to consult with industry experts, regulators, and service providers to ensure you meet all legal, regulatory, and operational requirements specific to your shared kitchen facility. Engaging professionals will help you navigate complexities and ensure compliance while mitigating risks. Food safety and regulatory compliance are an ongoing responsibility of shared kitchens and should be prioritized to maintain compliance with evolving food safety laws and regulations. Additional details about Facility Management can be found in that chapter.
Here are some steps that shared kitchens can take to ensure a proactive approach:
- Management and Staff Training. Shared Kitchen managers should become proficient in food safety rules and best practices to educate and monitor food safety practices in the kitchen. Attending food manager training offered by your local health department or ServSafe is a good first step. Still, additional training such as FSMA preventive controls/preventive controls qualified individual (PCQI), HACCP, current GMPs, and Better Process Control School (BPCS) are also vital to understanding food safety for packaged foods. Food science programs at state universities or state Extension offices and for-profit training companies offer these. Many programs are offered online for convenience; some are geared specifically to small food businesses. For example, Cornell’s Institute for Food Safety and FSMA Regulations for Small Food Processors online course covers essentials such as GMPs, allergen control, labeling, facility registration, documentation, and recordkeeping.
- Regular Audits and Inspections. Conducting regular audits and inspections of the kitchen and renter operations can help identify potential compliance issues. These audits can be performed by internal staff or external food safety experts.
- Education and Training. Providing education and training to members and renters is key. Shared kitchens should offer resources, workshops, and guidance on food safety practices, including HACCP principles, allergen management, and sanitation procedures.
- Documentation. Effective documentation is essential for demonstrating compliance during inspections or in case of a food illness outbreak traced to the facility. Kitchen managers should encourage renters to maintain thorough records of their food production processes, including ingredient sourcing, batch records, and temperature logs.
Kitchen management should also maintain their own records, including:
- Kitchen member usage records
- Temperature logs for refrigerators and freezers
- Cleaning and sanitation logs
- Equipment and facility maintenance records
- Communication with Regulators. Establish open lines of communication with local health authorities and regulatory agencies. Proactively engage with inspectors to address any questions or concerns and ensure a collaborative approach to compliance.
- Collaboration. Foster a culture of collaboration among renters. Encourage them to share best practices and insights related to food safety and compliance. This collective effort can enhance overall kitchen compliance.
- Regular Updates. Stay informed about regulatory changes by monitoring updates from federal, state, and local agencies. Subscribe to newsletters, attend regulatory seminars, and seek guidance from industry associations to stay ahead of new requirements.
As we conclude our discussion on maintaining food safety and regulatory compliance, it’s important to recognize that safeguarding your shared kitchen extends beyond meeting health and safety regulations. In today’s environment, ensuring the security of your food operations against threats is equally crucial. This brings us to the next critical aspect of your kitchen’s overall safety strategy: developing a robust food defense plan. A food defense plan is critical to ensuring that your kitchen is prepared to respond to any security challenges that may arise.
A food defense plan is a comprehensive strategy to protect food products from intentional contamination or tampering. This plan outlines measures to secure the food supply chain, safeguard facilities, and ensure the safety and integrity of food products. Key components of a food defense plan typically include:
1. Outside Security:
- Install a camera system to increase the number of outside cameras.
- Add auto-closing hinges on outside doors that lack them.
2. Inside Security:
- Conduct a biannual inventory of facility door keys.
- Install cameras and locked caged racks for coolers and freezers.
3. Shipping and Receiving Security:
- Members must manage their own deliveries with their own standard operating procedures (SOPs) and food defense plans.
4. Personnel Security:
- y Develop a detailed security procedure plan for employees and tenants and clearly communicate it.
- Create and maintain a log of tenant employees with access to keys and lock codes, and update security codes regularly.
5. Emergency Contacts:
- Organize contact information for plant emergency, local police, health departments, Department of Homeland Security, insurance carriers, and FBI.
6. Food Defense Plan Assessment and Revision:
- Develop procedures for regularly assessing and updating the food defense plan.
Final Thoughts
Understanding and adhering to regulatory requirements is crucial for ensuring your shared kitchen operates in a safe and legal manner. By staying informed about local, state, and federal regulations, as well as understanding the unique needs of your members, you can create a safe, compliant, and efficient space that fosters growth and success for food entrepreneurs. Establishing good relationships with regulatory agencies, staying proactive with updates, and providing guidance to your members are key ways your kitchen can continue to offer value.
In the next chapter, we turn to Facility Design and Equipment, where we will explore the essential elements of designing a functional, efficient, and adaptable kitchen space. You’ll learn how to choose the right layout, equipment, and workflow to meet the diverse needs of your members while ensuring future growth. We’ll also discuss important considerations like accessibility, storage, and waste management, helping you design a kitchen that is not only compliant but optimized for efficiency and success.
