How to start a meal prep business in the US (2026 guide)
Updated October 20, 2026
To start a meal prep business in the US, you'll need a licensed commercial kitchen (a home kitchen generally can't be used for perishable meals), a food permit, safe cooling and date-marking routines, correct labels, and a weekly ordering cut-off. Two rules catch new meal preppers out. If you print calories and macros on your labels or website, FDA's small-business exemption from nutrition labeling no longer applies. And if you sell auto-renewing subscriptions, state laws such as California's automatic renewal law set strict consent and cancellation rules.
In short
- Kitchen: prepared meals are time/temperature-controlled food, which cottage food laws generally exclude. Rent a shared commercial kitchen.
- Food safety: cool cooked food to 70°F within 2 hours and 41°F within 6; chilled ready-to-eat meals kept over 24 hours get a use-by date of no more than 7 days.
- Labels: name, ingredients, net weight, your business name and address, allergens. Macros or "high protein" claims bring FDA's nutrition rules into play.
- Subscriptions: California requires express consent and online cancellation. The FTC's federal "click-to-cancel" rule was struck down in July 2025.
Not legal advice. Rules depend on your state, county and what you cook. Check with your health department, and with USDA FSIS or your state meat inspection program if you sell meat or poultry beyond direct retail. Figures were read on the sources' own pages on October 20, 2026.
Step 1: Pick your meal prep model
| Model | How it works | Watch out for |
|---|---|---|
| Weekly menu, order by cut-off | Customers order by, say, Thursday for Sunday delivery | Waste if you over-produce |
| Subscription | Customers are billed weekly until they cancel | Auto-renewal laws (Step 8) |
| Gym, office or café wholesale | You sell packed meals to another business to resell | Labels, FDA/USDA rules for wholesale |
| Diet-specific (high protein, plant-based, keto) | A niche with loyal customers | Nutrition claims trigger labeling rules (Step 7) |
A weekly menu with an order cut-off is the simplest start: you know exactly what to cook.
Step 2: Cost your meals and write a plan
Cost each meal per portion: protein, carbs, vegetables, sauce, container and label. Then add labor, kitchen rent and delivery. The recipe cost calculator and menu price calculator do the per-portion math; our food cost percentage guide explains the targets.
Step 3: Register the business
Set up the business before you rent a kitchen, because the kitchen and permit office will ask for your details.
- Choose a structure (sole proprietorship or LLC).
- Get an EIN from the IRS online, free.
- Check sales tax with your state; prepared meals are often taxable.
- Open a business bank account.
Step 4: Find a licensed kitchen
Meal prep means cooked, chilled meals, which need temperature control for safety (the FDA Food Code calls these TCS foods). Cottage food laws generally exclude TCS foods, so you'll usually need a licensed commercial kitchen. Options:
- a shared commercial kitchen rented by the hour or month;
- a restaurant's kitchen in quiet hours, under an arrangement your health department accepts;
- your own kitchen once volume justifies it.
California's microenterprise home kitchens can sell home-cooked meals where a county opts in, but they're limited to 30 meals a day and 90 a week, which is small for meal prep. See how to start a home food business.
Step 5: Get your permit and food safety plan
Your health department permits the business and kitchen. Under the FDA Food Code model:
- apply at least 30 calendar days before you start;
- have a certified food protection manager in charge, unless the department rates you low risk;
- keep a written employee illness policy (new in the 2026 Food Code, released September 17, 2026).
Meal prep lives or dies by cooling and dating:
| Rule (FDA Food Code 2026) | Limit |
|---|---|
| Cooling cooked food | 135°F to 70°F within 2 hours, then to 41°F within 6 hours in total |
| Cold holding | 41°F or below |
| Date marking | Ready-to-eat chilled food kept over 24 hours: use within 7 days at 41°F, with the prep day as Day 1 |
| Hot holding (if you serve hot) | 135°F or above |
Plan your delivery so meals stay at 41°F or below until the customer gets them: insulated bags, ice packs and short routes.
Step 6: Check the meat and poultry rules
USDA's Food Safety and Inspection Service (FSIS) inspects meat and poultry products, but its rules exempt operations "traditionally and usually conducted at retail stores and restaurants" when you sell in normal retail quantities to consumers. Cooking meals for your own customers usually fits that exemption.
The limits matter if you grow into wholesale. A retail store under FSIS rules must make at least 75% of its meat sales (by dollar value) to household consumers, and sales to other buyers are capped each year. If you plan to supply gyms, cafés or stores, ask FSIS or your state meat inspection program before you start.
Step 7: Label your meals, and be careful with macros
Packaged food needs a label with the common name, ingredients in descending order by weight, net quantity, your business name and address, and the major allergens. The FDA lists nine: milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans and sesame. Add a use-by date for date-marked meals. The free food label maker has a US mode with the nine allergens.
Nutrition Facts: FDA exempts small retailers from nutrition labeling (annual gross sales of up to $500,000, or food sales to consumers of up to $50,000), and also exempts food delivered ready to eat to homes or offices. Each exemption only holds if the food bears no nutrition claims or other nutrition information on the label, in labeling or in advertising. Meal preppers often list calories, protein, carbs and fat, and that's nutrition information. Once you show it, you have to follow FDA's nutrition labeling rules, so get your numbers analyzed properly rather than guessed.
Large chains have separate rules: FDA's menu labeling rule covers restaurants and similar businesses with 20 or more locations. See FDA menu labeling requirements.
Step 8: Set up subscriptions legally (if you offer them)
Auto-renewing meal plans are regulated by state law.
- California's automatic renewal law, strengthened from July 1, 2025, requires a customer's express affirmative consent to the auto-renewal terms; if they signed up online, they must be able to cancel online without obstruction; they get an annual reminder; and a price increase needs notice 7 to 30 days before it takes effect, according to the California Attorney General.
- Federal rule: the FTC's amended Negative Option Rule ("click-to-cancel") was vacated in full by the U.S. Court of Appeals for the Eighth Circuit on July 8, 2025. Other federal and state consumer protection laws still apply, so make cancellation simple wherever you sell.
A simpler start is no subscription at all: customers order each week by your cut-off.
Step 9: Take weekly orders and deliver
Set a weekly cut-off, publish the menu, and deliver or offer pickup on fixed days.
How Menuthere helps. Menuthere's Free plan gives you an ordering page and QR codes with 0% commission and 50 orders a month, with allergens and calories tagged on each meal; make sure any calories you show are accurate (see Step 7). Lite (US$17 a month) adds unlimited orders, card payments through your own Stripe account and scheduled orders. With dishes that need notice, you can set how far ahead meals must be ordered and which days they're made, so orders arrive by your cut-off for your cooking day. Menuthere doesn't run subscriptions or recurring billing: customers place each order themselves. Pro (US$39 a month) adds your own drivers with the rider app and live tracking. See our tiffin service website page for a similar weekly model.
Open next week's menu for orders. with 0% commission.
Worked example: costing one chicken and rice meal
Ingredient prices are the BLS U.S. city average retail prices for September 2026; the portion sizes, vegetables, sauce and container costs are assumptions.
| Item | Price | Amount | Cost |
|---|---|---|---|
| Boneless chicken breast | $4.203 a lb | 8 oz raw | $2.10 |
| White long-grain rice | $1.118 a lb | 3 oz uncooked | $0.21 |
| Vegetables (assumed) | 1 portion | $0.60 | |
| Oil, seasoning, sauce (assumed) | $0.25 | ||
| Container and label (assumed) | $0.45 | ||
| Total per meal | $3.61 |
Priced at $11.50, food and packaging are 31.4% of the price. Now the scale: 40 customers ordering 5 meals a week at $11.50 is $2,300 a week, or $119,600 a year. That's well under FDA's $500,000 small-retailer threshold, but if your labels list macros, the exemption doesn't apply anyway.
Your meal prep start-up checklist
- Model chosen (weekly cut-off, subscription, wholesale)
- Meals costed per portion and priced
- Structure, EIN, sales tax checked, bank account
- Licensed kitchen agreement
- Food permit; certified food protection manager; employee illness policy
- Cooling and date-marking logs
- FSIS position checked if you'll sell meat or poultry beyond direct retail
- Labels with allergens and use-by dates; nutrition data analyzed if you show macros
- Subscription terms checked against your state's auto-renewal law (or no auto-renewal)
- Ordering page with a weekly cut-off and delivery days
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 catering business and how to start a home food business.
Frequently asked questions
Can I start a meal prep business from home?
Usually not with your home kitchen. Prepared meals need temperature control, which cottage food laws generally exclude, so most meal preppers rent a licensed commercial kitchen. California's home kitchen meal operations allow up to 30 meals a day where a county opts in.
Do I need a license to sell meal prep?
Yes. You need a food permit from your health department for the kitchen you cook in, plus your business registration and any state sales tax registration. If you sell meat or poultry beyond normal retail sales to consumers, check USDA FSIS rules too.
Do meal prep containers need nutrition labels?
Not always. FDA exempts small retailers and ready-to-eat food delivered to homes or offices, but only if you make no nutrition claims and show no nutrition information. If you list calories and macros, you must follow FDA's nutrition labeling rules.
How long do meal prep meals last?
Under the FDA Food Code, refrigerated ready-to-eat food made and kept more than 24 hours must be date-marked and used within 7 days at 41°F or below, counting the day you made it as Day 1. Many meal preppers set shorter dates for quality.
Is the FTC click-to-cancel rule in effect?
No. The U.S. Court of Appeals for the Eighth Circuit vacated the FTC's amended Negative Option Rule on July 8, 2025. State laws still apply, such as California's automatic renewal law, which requires express consent and online cancellation for online sign-ups.
How do meal prep businesses take weekly orders?
With an ordering page and a weekly cut-off. On Menuthere's Lite plan you can require meals to be ordered a set time ahead and only for the days you cook, so orders arrive in time for prep day.
Sources (12)
- FDA, Food Code 2026: https://www.fda.gov/media/194741/download (accessed 20 Oct 2026): TCS food definition; 2-102.12; 2-501.11; 3-501.14; 3-501.16; 3-501.17; 3-602.11; 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).
- 9 CFR 303.1(d) (retail store and restaurant exemptions from federal meat inspection), CFR 2025 edition via govinfo.gov (accessed 20 Oct 2026; ecfr.gov blocked our script).
- 21 CFR 101.9(j)(1)–(3) (nutrition labeling exemptions and the no-claims condition), CFR 2025 edition via govinfo.gov (accessed 20 Oct 2026).
- FDA, Small Business Nutrition Labeling Exemption: https://www.fda.gov/food/labeling-nutrition-guidance-documents-regulatory-information/small-business-nutrition-labeling-exemption (accessed 20 Oct 2026 via search results quoting the page).
- FDA, Menu Labeling Requirements (chains with 20 or more locations): https://www.fda.gov/food/nutrition-food-labeling-and-critical-foods/menu-labeling-requirements (accessed 20 Oct 2026).
- FDA, Food Allergies: https://www.fda.gov/food/nutrition-food-labeling-and-critical-foods/food-allergies (accessed 20 Oct 2026).
- California Attorney General, Attorney General Bonta Issues Consumer Alert on California's Automatic Renewal Law (4 Sep 2025): https://oag.ca.gov/news/press-releases/attorney-general-bonta-issues-consumer-alert-california%E2%80%99s-automatic-renewal-law (accessed 20 Oct 2026).
- U.S. Court of Appeals for the Eighth Circuit, Custom Communications, Inc. v. FTC, No. 24-3137 (filed 8 Jul 2025): https://ecf.ca8.uscourts.gov/opndir/25/07/243137P.pdf (accessed 20 Oct 2026): "we grant the petitions for review and vacate the Rule."
- Los Angeles County Environmental Health, MEHKO FAQ: https://publichealth.lacounty.gov/eh/faq/microenterprise-home-kitchen-operation.htm (accessed 20 Oct 2026).
- BLS, Average Price Data, September 2026: APU0000FF1101 Chicken breast, boneless $4.203/lb; APU0000701312 Rice, white, long grain, uncooked $1.118/lb (api.bls.gov, accessed 20 Oct 2026).
- IRS, Get an employer identification number (accessed 20 Oct 2026).