Yes, selling homemade food in Austria is permitted under strict conditions. The Lebensmittelrecht (Food Law) and Gastgewerbeordnung (Trade Regulation Act) govern this activity, requiring compliance with hygiene standards and registration with local authorities. Small-scale sales are allowed, but commercial thresholds trigger stricter licensing. The 2026 EU Food Hygiene Regulation amendments further tighten oversight, particularly for direct-to-consumer transactions.
Key Regulations for Selling Homemade Food in Austria
- Registration Requirement: Operators must register with the Lebensmittelaufsicht (Food Supervision Authority) in their federal state (Bundesland), even for minimal sales. Failure to register risks fines up to €7,200 under the Lebensmittelsicherheits- und Verbraucherschutzgesetz (LSVG).
- Hygiene Compliance: Homemade food must adhere to EU Regulation 852/2004, mandating documented hygiene practices, traceability, and temperature controls. Home kitchens are not exempt; inspections may occur if sales exceed 50 units annually or involve high-risk items (e.g., dairy, meat).
- Sales Channels & Taxation: Direct sales (e.g., farmers’ markets, online) are permitted, but VAT registration (Umsatzsteuer) is compulsory if annual turnover exceeds €35,000. Local Gemeinde (municipal) permits may also apply for public sales.
Exceptions exist for non-profit events (e.g., church fairs) under § 12 LSVG, but these require prior approval. Violations of hygiene or registration rules can lead to product seizures or business shutdowns. Consult the AGES (Austrian Agency for Health and Food Safety) for sector-specific guidance.