Because Guam operates under full food establishment standards โ not a cottage food exemption โ the rules differ from other US jurisdictions. Here's what the Home Industry license pathway allows.
Context: Guam has no cottage food law. Home food sellers must operate under the Home Industry license + DPHSS Sanitary Permit framework โ the same food safety standards applied to commercial food establishments. The product categories below reflect what is generally permissible under that framework. Always verify specific products with DPHSS/DEH before selling. [VERIFY all items with dphss-deh@dphss.guam.gov or (671) 646-1276]
Under Guam's current regulatory framework, home food sellers who obtain the proper Home Industry license and DPHSS Sanitary Permit are treated as licensed food establishments โ not exempt cottage food producers. This means the range of foods you can sell is broader in some ways than a typical cottage food exemption, but the requirements to get licensed are significantly higher.
The three-tier breakdown below reflects the general regulatory stance for home-based food production on Guam. Products in the Restricted column have specific conditions that must be met. Products in the Prohibited column require separate commercial licensing paths that are not available to Home Industry operators โ see the Special Categories page for those paths.
Because Guam's Home Industry license operates under the full Guam Food Code โ not a simpler cottage food exemption โ the product rules are based on the same risk framework applied to commercial food establishments. The key factors the Division of Environmental Health (DEH) uses to evaluate food safety are water activity (how much free moisture is available for bacteria to grow) and pH (how acidic the food is).
Foods with water activity below 0.85 and/or pH below 4.6 are generally considered shelf-stable and lower risk. Foods above these thresholds โ called Temperature Control for Safety (TCS) foods โ require refrigeration, specific handling, and additional care to prevent pathogen growth.
TCS stands for Temperature Control for Safety. These are foods that support the growth of harmful bacteria when kept in the "danger zone" โ between 41ยฐF and 135ยฐF. Common TCS foods include: fresh meats, dairy products, eggs, cooked rice or pasta, cut melons, cooked beans, and foods with cream or custard fillings.
Under the Guam Food Code, TCS foods must be held at safe temperatures at all times. If you sell a TCS food, you need cold-holding equipment (refrigerators, coolers with ice) at your point of sale, and clear guidance for buyers on storage. This applies whether you sell from home, at the Chamorro Village Night Market, or at any other event.
See the Prepared Meals page for full TCS food guidance in Guam.
The Restricted column above covers foods that are technically possible to sell from a licensed home kitchen but require specific steps โ pH testing, USDA-compliant sourcing, DEH pre-approval, or refrigerated handling โ before they can be legally sold. When in doubt, contact DEH directly before adding a restricted product to your lineup.
The Home Industry license allows only immediate family members to assist. You cannot hire employees or outside help โ this is a hard limit under Guam's licensing rules.
Your home kitchen must be inspected by DPHSS/DEH and meet commercial food establishment sanitation standards before your Sanitary Permit is issued.
Selling at the Chamorro Village Night Market, Dededo Flea Market, or any event requires a separate Temporary Food Service Establishment Sanitary Permit โ obtained from DEH before each event.
Guam has no cottage food list to reference. When uncertain about a product, contact DEH directly at dphss-deh@dphss.guam.gov or (671) 646-1276 before production begins.
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