Is Selling Homemade Food Legal in Belgium After the 2026 Law Changes?

Yes, selling homemade food in Belgium is permitted under strict conditions. The Belgian Food Safety Agency (AFSCA) regulates home-based food businesses, requiring compliance with hygiene standards and registration. Since 2026, new EU regulations mandate stricter traceability and allergen labeling for small-scale producers, impacting cottage food operators.

Key Regulations for Selling Homemade Food in Belgium

  • Registration Mandate: All home-based food businesses must register with the AFSCA via the MyMinerva portal before sales commence. Failure to register risks fines up to €4,000 under the Royal Decree of 22 December 2022.
  • Permitted Product Categories: Only low-risk foods (e.g., baked goods, jams, honey) are exempt from commercial kitchen requirements. High-risk items (e.g., meat, dairy) require licensed facilities. The 2023 AFSCA circular clarifies exemptions for “direct sales” within 50km of production.
  • Labeling Obligations: Products must display the producer’s name, address, ingredients, allergens, and “made in a home kitchen” disclaimer. Digital labels are permitted if physical space is limited, per EU Regulation 1169/2011.

Additional constraints include:

  • Sales Channels: Direct-to-consumer (farmers’ markets, online) is permitted; wholesale distribution requires commercial certification.
  • Inspections: AFSCA conducts unannounced inspections. Non-compliance may lead to product seizures or business closure.
  • Tax Compliance: Home-based sellers must register as self-employed with the Belgian tax authorities (SPF Finances) and declare income under the micro-entrepreneur regime.

Local municipalities may impose additional zoning restrictions. Consult the Walloon or Flemish regional authorities for area-specific rules.