Selling homemade cakes and pastries legally in the EU

When does home baking become a food business?

As soon as you sell cakes regularly and in an organised way, you are a food business operator and EU food law applies to you. Occasional, small-scale baking for a school or charity fair is generally outside the EU hygiene rules.

Regulation (EC) No 852/2004 on the hygiene of foodstuffs applies to food businesses at all stages of production, processing and distribution. It does not cover cooking at home for your own household.

According to the European Commission's guidance on the regulation, EU rules apply to undertakings, which implies a certain continuity of activities and a certain degree of organisation. Someone who prepares food occasionally and on a small scale, for example for a church, school or village fair, is not considered a food business. Once you take regular orders or sell to the public on an ongoing basis – through a shop, a market stall, WhatsApp or Instagram – you are a food business operator.

• Occasional charity or school bake sale: generally outside EU hygiene rules (national or local rules can still apply).
• Regular sales, custom orders, a social-media shop: you are a food business.
• Business registration, tax registration and social security are separate national steps on top of food registration.

How do I register a home bakery with the food authority?

You notify your national or regional food authority of every place where you prepare or store food, before you start selling. Article 6(2) of Regulation 852/2004 makes this registration mandatory for every food business establishment.

The European Commission explains that registration lets authorities know where establishments are and what they do, so they can carry out official controls. How you register – an online form, a notification through your municipality or a declaration – and which office handles it is decided nationally, sometimes regionally.

Selling to final consumers usually needs only registration. Businesses that supply other businesses with certain products of animal origin can in some cases need formal approval under Regulation (EC) No 853/2004 instead. If you plan to supply cafés or shops, ask your authority which applies to you.

• Register each location, including your home if you bake there.
• Tell the authority about significant changes (new premises, new product types) and if you stop trading.
• Expect inspections, which are often unannounced.

Can I bake in my home kitchen?

EU law does not ban it: a home kitchen can be a registered food business if it meets the hygiene requirements. What each country allows in practice varies a lot, so ask your food authority before buying equipment or renovating.

Annex II, Chapter III of Regulation 852/2004 contains specific requirements for premises used primarily as a private dwelling-house but where foods are regularly prepared for placing on the market.

National practice differs. Some countries register home bakers if their kitchen is hygienic; others limit home production to certain products, volumes or sales channels. Spain, for example, only allows shelf-stable pastry from home kitchens unless the region permits more (Royal Decree 1021/2022). German food control offices are often sceptical: Dortmund's guidance says the requirements are usually not achievable in private rooms. In Italy the rules for home production are set by each region.

What your kitchen needs as a minimum

• A hand-wash basin with hot and cold water, soap and disposable towels, separate from the sink for dishes.
• Smooth, washable surfaces on worktops, floors and walls around the work area.
• A fridge with a thermometer, with business ingredients separated and labelled.
• Separation in time between business baking and household cooking; no pets or family members in the kitchen while you bake for customers.
• Pest protection and clean storage for packaging and finished cakes; packaging must be suitable for food contact (Regulation (EC) No 1935/2004).
• Check your lease, building rules and home insurance.

HACCP and hygiene training for a small bakery

Every food business must apply procedures based on HACCP principles and train its staff in food hygiene. For a small bakery this can be a short, written system proportionate to the size of the business.

HACCP (Hazard Analysis and Critical Control Points) means writing down what you make, where the hazards are and how you control them. The Commission Notice 2022/C 355/01 on food safety management systems explains that documentation and record keeping can be simplified for small businesses, and many countries publish national guides to good hygiene practice that you can follow instead of starting from scratch.

Training must be commensurate with your tasks (Annex II, Chapter XII of Regulation 852/2004). The Commission's guidance says it can be achieved through in-house training, courses or guides to good practice; some countries add mandatory courses or certificates, such as the health-office instruction under the German Infection Protection Act.

• Keep simple records of fridge temperatures, cleaning and suppliers (traceability under Article 18 of Regulation (EC) No 178/2002).
• Bakers of fine bakery wares must also apply the acrylamide mitigation measures of Regulation (EU) 2017/2158, such as baking to a lighter colour where possible.

Labelling and the 14 allergens

You must declare the 14 allergens for every product, including a custom cake or a slice sold at a market stall. Prepacked products need full labelling under Regulation (EU) No 1169/2011.

Prepacked products

For food packed before it is offered for sale (cookies in a sealed bag, a slice in a closed box), the mandatory particulars include the name of the food, the ingredients list with allergens emphasised (for example in bold), net quantity, best-before or use-by date, storage conditions, the name and address of the food business operator and, in most cases, a nutrition declaration. Annex V exempts food, including handcrafted food, supplied directly by the manufacturer in small quantities to the final consumer or to local retail establishments.

Non-prepacked cakes and custom orders

For non-prepacked food (a cake sold loose from your counter or market stall, or packed at the customer's request), EU law makes only allergen information mandatory, but Article 44 lets countries add requirements and decide how the information is given. Germany allows oral information only with a written record and a visible notice; Austria requires a written record and trained staff for oral information; Italy requires a sign or register with the name, ingredients and allergens.

Do I have to charge VAT on homemade cakes?

Not if your turnover stays below your country's small-business VAT threshold, which since 2025 can be at most €85,000. Income tax, social security and the VAT rate on food are national, so check them with your tax authority.

Under the EU SME VAT rules, a country may exempt small businesses whose annual turnover is under €85,000 or lower if it sets a lower limit. A cross-border scheme lets you use the exemption in other EU countries too, if your total EU-wide turnover stays under €100,000 and you meet each country's national threshold; you register once in your home country and receive an EX number.

Above the threshold you charge VAT. Most countries apply a reduced rate to food, but rates and the treatment of cakes differ – for example 7 % in Germany, 10 % for baked goods in Austria and 10 % for pastry in Italy.

Selling cakes online, on social media and at markets

The same labelling rules apply online as in a shop, and mandatory information must be available before the customer buys. Market stalls are part of your registered business and usually need permission from the municipality or market organiser.

Website, Instagram and messaging apps

Under Article 14 of Regulation 1169/2011, all mandatory information except the date marking must be available before the purchase is concluded – for example in the product description – and all mandatory information at delivery. Online food businesses must be registered like any other, and consumer-protection rules apply: clear prices, seller details and delivery terms. For cream and custard cakes, plan the cold chain for delivery.

Selling to customers in other EU countries

Labels must be in a language easily understood by consumers in the country of sale. For distance sales of goods to consumers in other EU countries, a €10,000 EU-wide threshold applies: above it, VAT is due in the customer's country, and you can declare it through the One-Stop Shop (OSS) instead of registering in each country.

Markets and fairs

Pitches are allocated by the municipality or market organiser, often with their own conditions such as chilled display, protection from dust and insects and hand-washing facilities. Those rules are local, so ask before your first market.

Where to start in your country and how long it takes

Start with your national food safety authority and business register; most home bakers can make their first legal sale six to ten weeks after deciding. Where we have published a country guide, use it for national detail.