"Certification of Licensing Exemption" - Vermont

Certification of Licensing Exemption is a legal document that was released by the Vermont Department of Health - a government authority operating within Vermont.

Form Details:

  • Released on August 1, 2021;
  • The latest edition currently provided by the Vermont Department of Health;
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Food Establishment Licensing Exemptions
Vermont state law (18 V.S.A. 4351) requires that a person obtain a license from the Department of Health to operate a
food manufacturing facility, retail food establishment, or other place in which food is prepared and served. There are
exemptions from the licensing requirements, but the law at 18 V.S.A. 4358(c) requires that a person claiming a licensing
exemption provide documentation concerning their exempt status.
Home Bakery with Annual Sales <$6500
18 V.S.A. § 4358(b) provides a licensing exemption for an individual manufacturing and selling bakery products from his
or her own home kitchen whose average gross retail sales do not exceed $125.00 per week (or $6500 per year).
Per the definition of “bakery” in 18 V.S.A. §4301, bakery products include “bread, cakes, pies, or other food products
made either wholly or partially with flour.” If your establishment produces baked goods containing ingredients that
require refrigeration or temperature controls, such as meat pies or quiches, then they are not considered bakery
products. Your establishment would not qualify for the exemption and you must apply for a home caterer license from
the Department of Health. Further, if you prepare or offer meat products for resale to restaurants or stores you may
need a license from the Vermont Agency of Agriculture.
Additionally, if your establishment sells food products to restaurants, then you will not qualify for the small home bakery
exemption. Food products from unlicensed establishments are not considered an “acceptable source” of food for
restaurants per the Health Regulations for Food Service Establishments §5-204; they must be sourced from a licensed
food processor.
Claiming an exemption from the licensing requirements does not exempt an establishment from compliance with the
Department of Health’s food safety and sanitation requirements in the
Health Regulations for Food Service
Establishments, nor does the exemption prevent a public health inspector from inspecting your establishment to ensure
those requirements are being complied with and investigating any potential health hazards.
Food Manufacturing Establishment with Annual Sales <$10,000
18 V.S.A. § 4353 provides an exemption from the Department of Health licensing requirements for food manufacturing
establishments that process food for resale and have gross annual sales of less than $10,000.00.
Additionally, if your establishment sells food products to restaurants, then you will not qualify for the exemption. Food
products from unlicensed establishments are not considered an “acceptable source” of food for restaurants per the
Health Regulations for Food Service Establishments §5-204; they must be sourced from a licensed food manufacturer.
Additionally, if you prepare or offer meat products for resale to restaurants or stores you may need a license from the
Vermont Agency of Agriculture.
Claiming an exemption from the licensing requirements does not exempt an establishment from compliance with the
Department of Health’s food safety and sanitation requirements in the
Good Manufacturing Practices for Food
Rule, nor
does the exemption prevent a public health inspector from inspecting your establishment to ensure those requirements
are being complied with and investigating any potential health hazards.
Exempt food manufacturers must also meet the general requirements for
Food Labeling for Vermont Producers and
Processors.
108 Cherry Street • PO Box 70 • Burlington, VT 05402 • HealthVermont.gov
Food Establishment Licensing Exemptions
Vermont state law (18 V.S.A. 4351) requires that a person obtain a license from the Department of Health to operate a
food manufacturing facility, retail food establishment, or other place in which food is prepared and served. There are
exemptions from the licensing requirements, but the law at 18 V.S.A. 4358(c) requires that a person claiming a licensing
exemption provide documentation concerning their exempt status.
Home Bakery with Annual Sales <$6500
18 V.S.A. § 4358(b) provides a licensing exemption for an individual manufacturing and selling bakery products from his
or her own home kitchen whose average gross retail sales do not exceed $125.00 per week (or $6500 per year).
Per the definition of “bakery” in 18 V.S.A. §4301, bakery products include “bread, cakes, pies, or other food products
made either wholly or partially with flour.” If your establishment produces baked goods containing ingredients that
require refrigeration or temperature controls, such as meat pies or quiches, then they are not considered bakery
products. Your establishment would not qualify for the exemption and you must apply for a home caterer license from
the Department of Health. Further, if you prepare or offer meat products for resale to restaurants or stores you may
need a license from the Vermont Agency of Agriculture.
Additionally, if your establishment sells food products to restaurants, then you will not qualify for the small home bakery
exemption. Food products from unlicensed establishments are not considered an “acceptable source” of food for
restaurants per the Health Regulations for Food Service Establishments §5-204; they must be sourced from a licensed
food processor.
Claiming an exemption from the licensing requirements does not exempt an establishment from compliance with the
Department of Health’s food safety and sanitation requirements in the
Health Regulations for Food Service
Establishments, nor does the exemption prevent a public health inspector from inspecting your establishment to ensure
those requirements are being complied with and investigating any potential health hazards.
Food Manufacturing Establishment with Annual Sales <$10,000
18 V.S.A. § 4353 provides an exemption from the Department of Health licensing requirements for food manufacturing
establishments that process food for resale and have gross annual sales of less than $10,000.00.
Additionally, if your establishment sells food products to restaurants, then you will not qualify for the exemption. Food
products from unlicensed establishments are not considered an “acceptable source” of food for restaurants per the
Health Regulations for Food Service Establishments §5-204; they must be sourced from a licensed food manufacturer.
Additionally, if you prepare or offer meat products for resale to restaurants or stores you may need a license from the
Vermont Agency of Agriculture.
Claiming an exemption from the licensing requirements does not exempt an establishment from compliance with the
Department of Health’s food safety and sanitation requirements in the
Good Manufacturing Practices for Food
Rule, nor
does the exemption prevent a public health inspector from inspecting your establishment to ensure those requirements
are being complied with and investigating any potential health hazards.
Exempt food manufacturers must also meet the general requirements for
Food Labeling for Vermont Producers and
Processors.
108 Cherry Street • PO Box 70 • Burlington, VT 05402 • HealthVermont.gov
Department of Health
Agency of Human Services
Environmental Health
Food and Lodging Program
[email]
foodlodging@vermont.gov
108 Cherry Street – PO Box 70
[phone]
802-863-7221
Burlington, VT 05402-0070
[fax]
802-863-7483
HealthVermont.gov
[toll free]
800-439-8550
CERTIFICATION OF LICENSING EXEMPTION
ESTABLISHMENT NAME (dba): ___________________________________________________________________
FULL LEGAL NAME OF CORPORATION, LLC OR OWNER(S): ____________________________________________
PHYSICAL ESTABLISHMENT ADDRESS: _____________________________________________________________
PHONE: ________________________________ EMAIL: ______________________________________________
MAILING ADDRESS: ___________________________________________________________________________
CONTACT PERSON: _____________________________________ PHONE: _______________________________
DESCRIPTION OF FOOD PRODUCTS AND ANNUAL SALES (ATTACH ADDITIONAL DOCUMENTATION IF NECESSARY):
STATEMENT OF REQUESTOR
I am requesting an exemption from the licensing requirements at 18 V.S.A. 4351. I certify that my establishment
and food products currently qualify for the following exemption (check box that applies):
Home Bakery with Annual Sales less than $6,500
Food Manufacturing Establishment with Annual Sales less than $10,000
I understand that if my status changes and I no longer meet the requirements for the exemption, I must notify
the Department of Health and apply for a license as required in 18 V.S.A. 4351. I further understand that
operating without a license if the exemption is not applicable may result in legal action, including civil
penalties or a health order requiring that operations cease.
I certify that the information stated by me on this form is true and accurate to the best of my knowledge and
that I understand providing false information or omitting information is unlawful and may jeopardize my
ability to operate or subject me to civil penalties pursuant to 18 V.S.A. 130.
Printed Name: ____________________________________________ Date: _______________________
Signature: ________________________________________________ Title: _____________________
August 2021
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