Knowledge only. General information, templates and checklists for food businesses, not legal or tax advice. FoodAgri.AI is not a law firm or an accounting firm. You are responsible for reviewing your own contracts and for engaging, at your own cost, any attorney or CPA you choose.
Legal and compliance
Starting a food company: the paperwork checklist.
Most new food makers work through the same list. Here it is in order, with who usually handles each item.
Company
Company and ownership
Set these up before money or recipes change hands.
Set-up
- Entity. An LLC or corporation, with an operating agreement or bylaws.
- Founders and IP. A founders agreement and an assignment so the company owns the recipes and brand.
- EIN and bank account. Most new entities get an EIN from the IRS for banking and payroll.
Name and brand
- Name check. A search of existing trademarks before you print packaging.
- Trademark filing. If you file, an attorney usually handles it.
Tax set-up (CPA)
- Tax classification. How the company is taxed, decided with a CPA.
- Payroll and sales tax. Accounts for withholding, unemployment and sales tax, which differ by state.
Registrations
Licences and registrations
These depend on what you make and where.
FDA food facility registration
- Who. Facilities that manufacture, process, pack or hold food for consumption in the United States.
- When. Before the facility begins operating, then renewed every other year from October 1 to December 31 of each even-numbered year (21 CFR 1.230, checked 29 Oct 2026). 2026 is an even-numbered year.
Meat, poultry and egg products
- USDA FSIS. These plants work under USDA inspection instead. Start on the FSIS site with your consultant.
State and local
- Licences and zoning. Many states license food processors, and kitchen use and zoning are local. Check your state agriculture or health department.
Running safely
Plans and contracts
Written down before the first big order.
Food safety
- Food safety plan. Where your facility is covered, a written plan with hazards and controls. See food safety and recall plans.
- Labels and claims. Nutrition, allergens and claims like "natural", checked before printing. See label requirements.
Contracts
- Suppliers and co-packers. Specs, quality, liability and recipe ownership. See supplier and co-packer agreements.
- Insurance. Retail buyers often ask for product liability certificates. A broker arranges this.
Website and people
- Website legal pages. Privacy, terms and a cookie notice if you sell online or collect emails.
- First hires. Offer letters, confidentiality and contractor agreements, which differ by state.
How it works
Who does what
We provide the knowledge, templates and checklists. You review your own contracts, and professionals you choose and pay give the advice.
We provide
- What usually applies. A checklist for your stage, products and states, with the agency source for each item.
- Templates. Contract, policy and website-page templates with plain notes on each clause, for you and your attorney to adapt.
- The calendar. Renewal and review dates in one place, with reminders.
Your own attorney does
- Reviews legal documents, if you ask. Contracts, policies and anything you will sign or publish. You are responsible for that review, and you choose and pay the attorney directly.
- Answers legal questions. Advice comes from the attorney you choose and pay, not from us. We do not hire or bill an attorney for you.
Others do
- Your own CPA or enrolled agent. Tax elections, payroll tax, sales tax and returns. You choose and pay them directly.
- You or a food safety consultant. Agency registrations and filings, and your food safety plan.
- An insurance broker. Product liability and recall cover.