The most important page in this guide. Because American Samoa has no cottage food exemption, every home food seller needs at least two permits before their first sale. Here is exactly what they are, who issues them, and how to get them.
Under American Samoa Code Annotated (ASCA) § 25.0501, enacted by Public Law 12-44 (1972), it is explicitly unlawful to operate any activity involving the sale of food or drink — including catering, peddling, or vending — without a valid health permit issued by the Director of Health. This provision makes no exception for small-scale or home-based sellers.
There is no cottage food exemption in American Samoa. No "baker's bill." No home kitchen carve-out. The territory's food law has not been updated to reflect the cottage food movement that has swept through all 50 U.S. states. Until the American Samoa legislature acts, home food sellers are subject to the same general permitting requirement as restaurants and commercial food establishments.
This means you need at minimum: (1) a Health Permit from the American Samoa Department of Health (ASDOH) and (2) a Business License from the Department of Commerce (ASDOC). Both are required before you make your first sale. The good news: with the right products and preparation, these permits are obtainable. This page walks you through the process step by step.
This table covers every permit and license relevant to home food sellers in American Samoa — from the essential to the federal. Start with the Health Permit and Business License; everything else flows from there.
| Permit / License | Required? | Issuing Agency | Fee | Renewal | How to Apply |
|---|---|---|---|---|---|
| Health Permit (Food Establishment) ASCA § 25.0501 — required for any food sale activity including peddling, vending, catering | Required | American Samoa Dept. of Health (ASDOH) americansamoapublichealth.com |
Not published online — contact ASDOH directly to confirm fee schedule | Annual — verify renewal period with ASDOH | In person at ASDOH, Pago Pago, AS 96799. No online portal confirmed. Call or visit to initiate application. |
| Business License Required for all businesses operating in American Samoa, regardless of size | Required | American Samoa Dept. of Commerce (ASDOC) doc.as.gov |
Fee not published — contact ASDOC. Annual renewal fee approx. $150 per third-party sources [verify] | Annual — expires Dec 31. Renew Oct 1–Dec 31. Late fee after Jan 1; operations suspended after Jan 31 | Online: app.oncamino.com/americansamoa.doc/login In person: A.P. Lutali Building, 2nd Floor, Utulei |
| Food Handler Health Certificate Employee health certificates required at meat markets under ASCA § 25.0142. May apply to food sellers generally — verify with ASDOH | Likely Required | American Samoa Dept. of Health (ASDOH) | Verify with ASDOH | Verify with ASDOH | Contact ASDOH directly. May include ServSafe or equivalent food safety course |
| Home Kitchen Inspection ASDOH may require inspection of your production space as part of health permit issuance — Director must confirm "sanitary conditions adequately safeguard public health" (§ 25.0501(b)) | Likely Required | American Samoa Dept. of Health — Chief Sanitarian or appointed agent | Typically no separate fee — part of health permit process | Re-inspection may be required at permit renewal or on complaint | Initiated through health permit application process. Contact ASDOH to confirm scope of inspection for your specific product type |
| Business Name / DBA Registration If operating under a name other than your personal legal name | Likely Required | American Samoa Dept. of Commerce (ASDOC) | Verify with ASDOC | As part of business license renewal | Apply at ASDOC online portal or in person at A.P. Lutali Building |
| Fagatogo Public Market Vendor Stall Required if selling at the territory's central public market | If Selling at Market | ASG Dept. of Agriculture — Public Market Division doa.as.gov |
Rental rates set by ASCA § 25.0178 — contact ASDOA for current rates | Typically per-day or periodic arrangement | Contact ASDOA Public Market Division directly. Health permit and business license required prior to stall approval |
| IRS Employer Identification Number (EIN) Required for LLCs, businesses with employees, and recommended for all sole proprietors | Federal | Internal Revenue Service (IRS) | Free | One-time — EIN does not expire | Apply online at IRS.gov — instant issuance |
| Territorial Tax Registration Registration with American Samoa Tax Office for income tax reporting | Required | American Samoa Tax Office (Dept. of Treasury) americansamoa.gov/tax-office |
No registration fee — contact Tax Office | Annual tax filing required | Contact American Samoa Tax Office: Executive Office Building, First Floor, Pago Pago, AS 96799 |
| FDA Facility Registration Required for facilities processing certain foods — may apply if you exceed the Qualified Facility Exemption threshold ($1M annual sales) or produce acidified/low-acid canned foods | If Applicable | U.S. Food & Drug Administration (FDA) fda.gov |
Free | Every 2 years (even-numbered years) | Online through FDA's Bioterrorism Act registration portal. Most very small home food sellers qualify for the Qualified Facility Exemption and are not required to register |
Follow these steps in order. Do not skip the health permit — selling food without one violates ASCA § 25.0501 and can result in permit denial, fines, or suspension of your business license.
If ASDOH requires a kitchen inspection as part of your health permit (which is likely for any food production operation), the Chief Sanitarian or an appointed public health officer will visit your home production space. While American Samoa has no published home kitchen inspection standard specific to cottage food operations, inspectors will generally assess whether your operation meets the basic sanitation principles of ASCA Title 25.
Key areas they will likely review: physical cleanliness and pest control of the production area; handwashing facilities accessible in or adjacent to the kitchen; food storage — sealed, labeled, off the floor, separated from household items and cleaning supplies; equipment condition — clean, functional, no rust or damage; absence of communicable disease among those handling food; and waste disposal systems.
Under ASCA § 25.0501(b), the Director of Health has discretion to issue the permit only if "sanitary conditions are maintained at levels which adequately safeguard public health." Present your operation professionally — clean kitchen, documented procedures, organized storage — and treat the inspector as a partner in getting your business properly set up. Ask questions, take notes, and request any feedback in writing if possible.
American Samoa's social structure is organized around villages and extended family (aiga) units. While there are no formal village-level food business permit requirements distinct from the territorial framework, selling food within your community means engaging with local village leaders (matai and fono) as a matter of cultural respect and practical business sense. Many food sellers in American Samoa find that community endorsement — including selling at church events and village gatherings — is as important to business success as formal permitting. The Fagatogo Public Market also has its own vendor registration process managed by the Department of Agriculture; contact the ASDOA Public Market Division for stall requirements and rental rates.
These are the agencies you will work with directly to license and operate your home food business in American Samoa. Contact information is current as of April 2026 — verify directly before visiting.
Upload your permits, set renewal reminders, and track your compliance status across all required licenses — health permit, business license, and more — in one place.
Create Free Account to Use This Tool →Once your health permit and business license are secured, SellFood helps you manage compliance, track renewals, create compliant labels, and connect with buyers across American Samoa and beyond.