Yes, selling homemade food in Brazil is legal under strict conditions. The Lei da Alimentação Caseira (Law 14.192/2021) and ANVISA’s RDC 49/2013 permit direct sales to consumers if hygiene and labeling standards are met. Municipalities may impose additional rules, with São Paulo and Rio de Janeiro enforcing stricter registration via Vigilância Sanitária by 2026.
Key Regulations for Selling Homemade Food in Brazil
- Registration Requirements: Producers must register with local Vigilância Sanitária (health surveillance) under the Cadastro de Produtor Artesanal de Alimentos (CPAA). Failure to comply risks fines up to R$5,000.
- Scope of Products: Only non-perishable or low-risk foods (e.g., cookies, jams, bread) are permitted. Meat, dairy, and refrigerated items are prohibited unless processed in certified facilities.
- Labeling Mandates: Labels must include ingredients, allergens, producer’s CNPJ/CPF, and expiration dates. ANVISA’s RDC 259/2002 enforces font size and legibility standards.
Local Variations: States like Minas Gerais require Alvará Sanitário for home-based bakeries, while Amazonas mandates indigenous communities follow RDC 216/2004 for traditional foods. Non-compliance triggers immediate product seizure.
Tax Implications: Income from sales must be declared under MEI (Microempreendedor Individual) or Simples Nacional, with ICMS/ISS taxes applicable in most states. Exemptions exist for sales under R$81,000 annually.
Enforcement Trends: Since 2023, Vigilância Sanitária has intensified inspections in urban centers, prioritizing social media-identified vendors. Producers are advised to maintain digital records of ingredient sourcing for traceability.