How to start a catering business in the US (2026 guide)
Updated October 20, 2026
To start a catering business in the US, you need a business entity and EIN, a licensed commercial kitchen to cook in, a food permit from your health department, a way to keep food at safe temperatures from your kitchen to the event, insurance, and clear pricing that handles sales tax and service charges correctly. Home kitchens generally can't be used: the FDA Food Code, the model behind most state rules, counts a catering operation as a food establishment that needs a permit. Start with drop-off catering for offices and small events, then add full-service events.
In short
- Kitchen: rent time in a licensed shared kitchen or partner with a restaurant; most states don't allow catering from a home kitchen.
- Temperatures: hot food at 135°F or above, cold at 41°F or below; time without temperature control is capped at 4 hours, with written procedures.
- Money: a mandatory service charge isn't a tip. The IRS treats it as wages when paid to staff, and in California it's taxable.
- Orders: sell set catering menus for pre-order, and quote bigger events separately.
Not legal advice. Catering rules are set by your state and county. Check with your health department and state tax agency. Figures were read on the sources' own pages on October 20, 2026.
Step 1: Choose your catering model
Catering covers very different jobs. Pick the one that fits your skills and budget.
| Model | What it is | Start-up needs |
|---|---|---|
| Drop-off | You cook, pack and deliver; the client serves | Kitchen time, insulated carriers, a vehicle |
| Full-service events | You cook, set up, serve and clear | Staff, equipment rental, more insurance |
| Corporate lunches | Regular office orders, often weekly | Reliable delivery, a set menu, invoicing |
| Specialty (cakes, grazing boards, cultural cuisine) | A niche you're known for | Depends on the food |
Most new caterers start with drop-off and corporate lunches, because the menus repeat and there's less staff to manage.
Step 2: Write your plan and pricing
Decide your menu, your minimum order, how far you'll deliver and what you'll charge per guest. Price from cost, not from competitors: food, disposables, staff hours, delivery and your overhead.
Use the free catering business plan template, our guide on how to price catering and the catering price calculator.
Step 3: Register the business and get tax IDs
Clients, especially companies, will ask for your business details and a W-9 before they pay you.
- Choose a structure (sole proprietorship or LLC).
- Get an EIN free from the IRS online.
- Register for sales tax with your state. Catering is often taxable, including some charges you might not expect (see Step 7).
- Open a business bank account.
Step 4: Find a licensed kitchen
You'll need a commercial kitchen your health department has permitted. The FDA Food Code lists a "catering operation" among food establishments when it provides food directly to a consumer, which is why health departments ask caterers for a permit and an approved kitchen.
Options:
- A shared or commissary kitchen rented by the hour or month.
- A restaurant's kitchen in its quiet hours, under an agreement the health department accepts.
- Your own kitchen once you have steady volume.
What about home? Most states don't allow catering from a home kitchen. A few have narrow home-kitchen laws. California's microenterprise home kitchen operations (MEHKOs), where a county opts in, cap you at 30 meals a day and 90 a week, which is too few for most catering jobs. See how to start a home food business for what home kitchens can do.
Step 5: Get your permits and food safety basics
Your health department issues your permit, often after a kitchen inspection and a menu review. Expect these model Food Code rules to apply in some form:
- Apply early. The model rule is to apply at least 30 calendar days before you start.
- Certified food protection manager as the person in charge, unless the department rates you low risk.
- A written employee illness policy, a new requirement in the 2026 Food Code (released September 17, 2026).
- Food safety management. The 2026 Food Code also adds a written food safety management system, due within four years of your regulator adopting that edition.
Step 6: Plan how food stays safe off-site
Off-site food safety is what separates catering from restaurant cooking. Here are the Food Code temperatures your plan should meet:
| Rule (FDA Food Code 2026) | Limit |
|---|---|
| Hot holding | 135°F (57°C) or above |
| Cold holding | 41°F (5°C) or below |
| Cooling cooked food | 135°F to 70°F within 2 hours, and to 41°F within 6 hours in total |
| Time instead of temperature | Up to 4 hours, with written procedures, then serve or discard |
| Date marking | Ready-to-eat chilled food kept over 24 hours: up to 7 days at 41°F, counting the day you made it as Day 1 |
Buy insulated carriers, a probe thermometer and chafing dishes, and log temperatures when food leaves your kitchen and when it's served. Keep allergen details for every dish, because clients will ask about the nine major allergens (milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans and sesame).
Step 7: Get sales tax and service charges right
Two rules catch out new caterers.
1. A mandatory service charge isn't a tip. The IRS says a payment is a tip only if the customer voluntarily decides to pay it and sets the amount. A required charge, such as a "mandatory 18% charge for large parties," is a service charge. If you pay it to staff, it's wages, with payroll taxes, not tip income.
2. Catering charges can be taxable beyond the food. In California, for example, CDTFA's Publication 22 says you're a caterer if you serve food on your customer's premises or premises they supply, and that "charges to your customer for the preparation and serving of food and beverages are taxable." Charges for the tableware, linens and tables you use to serve are taxable too, even if listed separately. California taxes a mandatory tip, gratuity or service charge; an optional tip isn't taxed.
| You call it… | IRS treatment | California sales tax |
|---|---|---|
| Optional tip the client chooses | Tip income for staff | Not taxable |
| Mandatory service charge or "gratuity" | Wages when paid to staff | Taxable |
Other states treat service charges differently; see sales tax on restaurant food for five states, and ask your state revenue department.
Step 8: Insure the business and hire staff
Get insurance in place before your first booking, because venues and companies ask for proof before they sign.
- General liability insurance. Venues and corporate clients often ask for a certificate naming them as additional insured.
- Commercial auto for delivery vehicles.
- Workers' compensation where your state requires it (Texas lets private employers opt out, with notice).
- Staff. Plan pay from real wages: the BLS national median for restaurant cooks was $17.98 an hour in May 2025. Every hire needs a Form I-9.
Step 9: Take orders and quotes
Catering orders arrive in two shapes: set menus (trays, boxed lunches) that clients can order ahead, and bigger events that need a custom quote.
How Menuthere helps, honestly. Menuthere doesn't have a catering module: there's no headcount, deposit or invoice step in checkout. What it does well is set-menu ordering. The Free plan gives you an ordering page and QR codes with 0% commission and 50 orders a month, with the major allergens tagged on each dish. Lite (US$17 a month) adds unlimited orders, scheduled delivery and pickup times, card payments through your own Stripe account, and dishes that need notice, so a catering tray can only be ordered, say, two days ahead. For events, use the free catering quote maker and catering invoice template. See online ordering for catering.
Put your set catering menu online for pre-orders. with 0% commission.
Worked example: quoting a 50-guest office lunch in California
An office in California books a drop-off lunch for 50 at $25 a guest, plus an 18% service charge for setup and staff. The tax rate here is California's statewide base of 7.25%; most areas add district taxes, so use the rate for the delivery address.
| Line | Mandatory 18% service charge | Optional tip instead |
|---|---|---|
| Food (50 × $25.00) | $1,250.00 | $1,250.00 |
| Service charge / tip | $225.00 | $225.00 |
| Taxable amount | $1,475.00 | $1,250.00 |
| Sales tax at 7.25% | $106.94 | $90.63 |
| Client pays | $1,581.94 | $1,565.63 |
| How the $225 is treated | Your revenue; wages if paid to staff | Staff tips |
Now your costs, with assumed figures except the wage: food and disposables at 30% of $1,250 is $375.00; two cooks for 4 hours at the BLS median of $17.98 is $143.84 before payroll taxes. Write the charge clearly on your quote and invoice so the client knows whether it's a tip or a service charge.
How much does it cost to start a catering business?
A drop-off caterer using a rented kitchen can start with far less than a restaurant. Your main lines:
| Cost line | Notes |
|---|---|
| Kitchen rent | Hourly or monthly; ask what storage is included |
| Health permit and business license | Set by your county and city |
| Insulated carriers, chafing dishes, thermometers | Buy or rent per event |
| Vehicle | Your own (insured for business) or rented |
| Insurance | General liability, commercial auto, workers' comp |
| Opening ingredients and disposables | Per event, built into your quote |
| Ordering page and quote tools | From $0 |
Your catering start-up checklist
- Catering model and menu chosen
- Pricing per guest built from costs
- Business structure, EIN, state sales tax registration, bank account
- Licensed kitchen agreement
- Health permit; certified food protection manager; employee illness policy
- Hot and cold transport kit and a temperature log
- Allergen list for every dish
- Quote and invoice template that labels service charges correctly
- Insurance; I-9s for staff
- Set catering menu online for pre-orders
Related guides
Planning a full sit-down or counter-service restaurant? Read our step-by-step guide on how to open a restaurant, with a 6-month timeline. You may also want to read how to start a meal prep business and how to start a food truck business.
Frequently asked questions
Can I start a catering business from home?
Usually not from a home kitchen. The FDA Food Code treats a catering operation as a food establishment that needs a permit, and most health departments require a licensed kitchen. Many caterers rent a shared commercial kitchen instead.
Do I need a license to cater?
Yes, in most places you need a food permit from your city or county health department for the kitchen you cook in, plus a business license and sales tax registration where your state and city require them.
How long can catered food sit out?
Under the FDA Food Code, hot food should stay at 135°F or above and cold food at 41°F or below. If you use time instead of temperature control, the limit is 4 hours, with written procedures, after which the food is served or thrown away.
Is a catering service charge the same as a tip?
No. The IRS says a tip is voluntary and the customer sets the amount. A mandatory service charge is your revenue and counts as wages if you pay it to staff. In California, a mandatory service charge is also subject to sales tax.
Is catering taxable?
Often, yes. In California, charges for preparing and serving food are taxable, and so are charges for tableware, linens and tables used to serve. Rules differ by state, so check with your state revenue department.
Can I take catering orders online?
Yes, for set menus such as trays and boxed lunches. On Menuthere's Lite plan you can take scheduled pre-orders and require a minimum notice for catering items. For custom events, send a quote instead.
Sources (11)
- FDA, Food Code 2026: https://www.fda.gov/media/194741/download (accessed 20 Oct 2026): 1-201.10(B) "food establishment" includes a catering operation; 2-102.12; 2-501.11; 3-501.14 cooling; 3-501.16 hot/cold holding; 3-501.17 date marking; 3-501.19 time as a public health control (4 hours); 8-201.15 food safety management system; 8-302.11.
- FDA, The FDA Releases 2026 Food Code (17 Sep 2026): https://www.fda.gov/food/hfp-constituent-updates/fda-releases-2026-food-code (accessed 20 Oct 2026).
- IRS, Tip recordkeeping and reporting (updated 31 Jul 2026): https://www.irs.gov/businesses/small-businesses-self-employed/tip-recordkeeping-and-reporting (accessed 20 Oct 2026).
- California Department of Tax and Fee Administration, Publication 22, Dining and Beverage Industry (January 2025), Caterers section: https://cdtfa.ca.gov/formspubs/pub22.pdf (accessed 20 Oct 2026).
- CDTFA, Publication 115, Tips, Gratuities, and Service Charges (rev. September 2018): https://cdtfa.ca.gov/formspubs/pub115/ (accessed 20 Oct 2026).
- CDTFA, Local and District Tax Guide for Retailers — Getting Started (statewide base rate 7.25%): https://cdtfa.ca.gov/industry/local-and-district-retailer-taxes/getting-started.htm (accessed 20 Oct 2026 via search results quoting the page).
- Los Angeles County Environmental Health, Microenterprise Home Kitchen Operation FAQ (30 meals a day, 90 a week): https://publichealth.lacounty.gov/eh/faq/microenterprise-home-kitchen-operation.htm (accessed 20 Oct 2026).
- FDA, Food Allergies: https://www.fda.gov/food/nutrition-food-labeling-and-critical-foods/food-allergies (accessed 20 Oct 2026).
- BLS, OEWS May 2025, 35-2014 Cooks, restaurant, national median hourly wage $17.98 (series OEUN000000000000035201408, api.bls.gov, accessed 20 Oct 2026).
- Texas Department of Insurance, Employer FAQ (non-subscribers): https://www.tdi.texas.gov/wc/employer/employerfaq.html (accessed 20 Oct 2026 via search results quoting the page).
- IRS, Get an employer identification number; USCIS, I-9 (accessed 20 Oct 2026).