Are small food producers or hobbyists who make food out of their home and also sell the food at farmers’ markets or to other consumers required to register?

Under 21 CFR 1.227, a private residence is not a “facility” and thus, is not required to register. A
private residence must meet customary expectations for a private home and does not otherwise
include commercial facilities in which a person also happens to reside. Thus, a private residence
that meets customary expectations for a private residence that is also used to manufacture,
process, pack, or hold food need not be registered. Accordingly, if the activities of small food
producers or hobbyists meet customary expectations for a private residence, the producers or
hobbyists would not be required to register.