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2026.09.05Licensing and Permits (From the Practice of an Administrative Scrivener)

Confectionery and prepared-food manufacturing permits and premises facility standards: how they differ from restaurant business

浦松 丈二

浦松 丈二

行政書士・宅地建物取引士(四葉行政書士事務所/四葉不動産株式会社)

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To start a confectionery workshop or a prepared-food (sozai) business for takeaway, you need a manufacturing permit separate from a restaurant-business permit. This article organises the differences, the facility standards for the premises and the flow, within the scope of an administrative scrivener's application support.

In short: to start a confectionery workshop that makes and sells baked goods or cakes, or a takeaway shop that makes and sells boxed meals and prepared foods, you need a confectionery-manufacturing or prepared-food (sozai) manufacturing permit, separate from a restaurant-business permit for serving food on the premises. These are permitted-business types under the Order for Enforcement of the Food Sanitation Act, Article 35—confectionery manufacturing under item 11 of that Article, and prepared-food manufacturing under item 25—and you obtain the permit from the prefectural governor (in cities and special wards with a public health centre, the mayor or ward head) (Food Sanitation Act, Article 55, paragraph 1). The standards a facility must meet are set by each municipality's ordinance under Article 54 of the Act, and the zoning and equipment required differ between restaurant business and manufacturing. Before signing the premises contract, it is important to consult the public health centre in advance and prepare drawings that follow the ordinance's standards. This article is general information organising the conditions and flow; eligibility is decided by the public health centre's review, and our office does not guarantee a permit.

How do restaurant-business permits and confectionery/prepared-food manufacturing permits differ?

The big difference is "whether you have customers eat and drink on the spot" versus "whether you make, package and sell." Cooking and serving food or drinks on the premises is restaurant business (Order for Enforcement, Article 35, item 1), while packaging the confectionery or prepared foods you make and selling them for takeaway or wholesale generally counts as confectionery manufacturing (item 11 of the same Article) or prepared-food manufacturing (item 25). Even in the same kitchen, the required permit changes when the form of provision changes.

If you want to do both eat-in and takeaway, you may need multiple permits—restaurant business and manufacturing. Which permit applies is decided by the food handled, the content of processing and the form of sale, so confirm with the public health centre that has jurisdiction over the planned site. How to obtain a restaurant-business permit itself is summarised in A restaurant-business permit: the public health centre's facility standards and the food-sanitation supervisor.

Business typeApplicable permitBasis
Cooking and serving food on the premisesRestaurant businessEnforcement Order Art. 35 item 1; Food Sanitation Act Art. 55 (1)
Making and selling confectionery, bread, cakesConfectionery manufacturingEnforcement Order Art. 35 item 11
Making and selling boxed meals, prepared foodsPrepared-food manufacturingEnforcement Order Art. 35 item 25
Only selling shelf-stable packaged foodBusiness notificationFood Sanitation Act Art. 57 (1)

How were the permitted types reorganised in the 2021 Food Sanitation Act reform?

Under the revised Food Sanitation Act promulgated in 2018, from 1 June 2021 (Reiwa 3) the business-permit system was reviewed and the permitted-business types were organised in the Order for Enforcement of the Food Sanitation Act, Article 35. At the same time, a business-notification system was newly created for operations outside the permit scope but with public-health impact (Food Sanitation Act, Article 57, paragraph 1).

Regarding confectionery and prepared foods, an-paste (bean-paste) manufacturing was merged into confectionery manufacturing, and combined-type prepared-food manufacturing (Enforcement Order, Article 35, item 26) and combined-type frozen-food manufacturing (item 28) were newly created. Combined-type prepared-food manufacturing is a type that, together with prepared-food manufacturing, can make foods falling under meat processing, confectionery manufacturing, aquatic-product manufacturing (excluding fish-paste products) and noodle manufacturing; only where HACCP-based advanced hygiene management is carried out are these permits exempted. Whether your business falls under a single permit, a combined type, or a notification should be confirmed at the public health centre.

Type of procedureBasisMain examples
Business permitFood Sanitation Act Art. 55 (1); Enforcement Order Art. 35Confectionery manufacturing, prepared-food manufacturing, etc.
Business notificationFood Sanitation Act Art. 57 (1)Sale of shelf-stable packaged food, etc.

How far do the premises facility standards for a manufacturing permit go?

The standards a facility must meet are set, under Article 54 of the Food Sanitation Act, by each municipality's Food Sanitation Act enforcement ordinance. The state shows the framework to be referred to in the enforcement regulations, but the specific figures and specifications differ by municipality and business type, so confirm them in the ordinance of the planned site and the public health centre's guide. In manufacturing, unlike a restaurant with a dining area, the dedicated manufacturing zone, work flow and washing facilities tend to be emphasised. Typical items to check are as follows.

ItemPoint to check
Work zoningA layout clearly separating the manufacturing room from living space and sales space
Handwashing facilityA handwashing basin for workers; a tap structure that prevents cross-contamination is often required
Sinks (washing facilities)Number of basins matching the use; many municipalities require two or more
Floor, walls, ceilingEasy-to-clean, water-resistant materials
Refrigeration/freezingEquipment fitted with a thermometer to check temperature
Ventilation, pest control, hot waterSufficient ventilation, prevention of rodents and insects, necessary hot water

Even when turning part of your home into a confectionery workshop, the manufacturing room usually must be zoned off from the living space. Because whether figures and zoning are required varies by business type, consulting the public health centre before deciding the interior works and layout, and preparing drawings that follow the ordinance's standards, helps avoid redoing works. The selection and lease of premises is the field of Yotsuba Real Estate Co., Ltd., a separate business.

Is HACCP-based hygiene management necessary even for small operators?

Yes. From 1 June 2021 (Reiwa 3), HACCP-based hygiene management is required, in principle, of all food-business operators (Food Sanitation Act, Article 51, paragraph 1). Confectionery and prepared-food manufacturers, too, need to prepare a hygiene-management plan in addition to general hygiene management and to record and check it. However, small operators may use "hygiene management incorporating the HACCP approach," and may refer to a guidebook prepared by an industry body.

At the same time, you must place one food-sanitation supervisor per facility (based on the general-hygiene-management standards under Food Sanitation Act, Article 51, paragraph 1). A person qualified as a cook or a confectionery-hygiene master, etc., can serve as is; if unqualified, you qualify by completing a training course held (or designated) by the prefectural governor, etc. The roles are divided as follows.

  • Preparation of the confectionery/prepared-food manufacturing permit application and drawings, and support for prior consultation with the public health centre → Yotsuba Administrative Scrivener Office (administrative scrivener)
  • Selection, lease and important-matters explanation of business premises, and assessing whether a property can be used as a manufacturing room → Yotsuba Real Estate Co., Ltd.
  • Works and fire procedures for the manufacturing room's zoning, exhaust and fire prevention → an architect, a fire-equipment engineer and the fire authority
  • Registration to incorporate a company → a judicial scrivener
  • Accounting and tax after opening → a tax accountant
  • Employees' employment contracts, work rules and social insurance → a labour and social security attorney
  • Individual legal judgement on rights, obligations and disputes → an attorney

Yotsuba Administrative Scrivener Office and Yotsuba Real Estate Co., Ltd. are separate businesses. Our office handles only support for the confectionery/prepared-food manufacturing permit application as an independent business, and premises, works, fire, registration, tax and labour are contracted or consulted separately with each qualified professional and administrative counter. Our office receives no referral fee. For the whole picture of licensing, see Licensing and Application Services; for the flow of engagement, see Engagement Flow; and for fees, see Fee Schedule. Eligibility itself is decided by the public health centre.

FAQ

Q. I run a café and also want to sell my homemade cakes—does a restaurant-business permit alone suffice?
A. What you serve on the premises is restaurant business, but if you package the cakes you make and sell them for takeaway or wholesale, you may separately need a confectionery-manufacturing permit (Enforcement Order, Article 35, item 11). Where restaurant business ends and a manufacturing permit begins is divided by the form of sale. Confirm with the public health centre that has jurisdiction over the planned site.

Q. Can I start a confectionery workshop in my home kitchen?
A. You usually cannot simply use a household kitchen as is. The manufacturing room must be zoned off from the living space and meet the ordinance's standards (each municipality's ordinance under Article 54 of the Food Sanitation Act), such as handwashing, sinks and refrigeration. Consulting the public health centre before the works and preparing drawings to the standards reduces rework.

Q. Do I have to obtain both prepared-food manufacturing and restaurant business?
A. If you serve food on the premises and also make and package prepared foods for sale, you may need multiple permits—restaurant business and prepared-food manufacturing (Enforcement Order, Article 35, item 25). There is also a mechanism, like combined-type prepared-food manufacturing, that lets you make foods of several types together on condition of HACCP-based hygiene management, so tell the public health centre your business content and confirm.

Q. Is HACCP necessary even for a small individual workshop?
A. Yes. From 1 June 2021 it is required in principle of all operators. However, small operators may use "hygiene management incorporating the HACCP approach," basically preparing a hygiene-management plan with reference to an industry body's guidebook and recording and checking it. Confirm the specific forms with the public health centre or the guidebook.

Sources (Primary Information)

  • e-Gov Law Search, "Food Sanitation Act" (Act No. 233 of 1947), Article 51, paragraph 1; Article 54; Article 55, paragraph 1; Article 57, paragraph 1 (accessed 2026-09-05)
  • e-Gov Law Search, "Order for Enforcement of the Food Sanitation Act" (Cabinet Order No. 229 of 1953), Article 35 (business types requiring a permit = confectionery manufacturing is item 11, prepared-food manufacturing is item 25, combined-type prepared-food manufacturing is item 26, combined-type frozen-food manufacturing is item 28) (accessed 2026-09-05)
  • Ministry of Health, Labour and Welfare, "Institutionalisation of HACCP-based hygiene management" and "Review of the business-permit system and creation of the business-notification system" (fully effective 1 June 2021; accessed 2026-09-05)
  • The Food Sanitation Act enforcement ordinance set by the municipality of the planned site (facility standards), and the guide to confectionery-manufacturing and prepared-food-manufacturing permit applications published by the public health centre (accessed 2026-09-05)

This article is general information and does not guarantee individual eligibility for a permit, conformity with facility standards, or the required documents, fees or validity period. Facility standards differ by municipal ordinance, and the final review of a confectionery-manufacturing or prepared-food-manufacturing permit is made by the public health centre (prefecture, city with a public health centre, or special ward). Works and fire procedures for the manufacturing room's zoning, exhaust and fire prevention are handled by an architect, a fire-equipment engineer and the fire authority; registration to incorporate a company by a judicial scrivener; accounting and tax by a tax accountant; employment contracts, work rules and social insurance by a labour and social security attorney; and individual legal judgement on rights, obligations and disputes by an attorney, each as an independent business under a separate contract or consultation. Selection, lease and important-matters explanation of business premises are handled by Yotsuba Real Estate Co., Ltd. as a separate business, and no referral fee is exchanged with our office. Confirm the standards, forms and required documents for each facility on the relevant municipality's official page. Individual judgements are made by a qualified professional after a meeting. Written by Joji Uramatsu, administrative scrivener and licensed real estate broker.

Let's start by sorting out your situation.

Yotsuba Gyoseishoshi Office (Kohinata, Bunkyo-ku; a 5-minute walk from Myogadani Station on the Tokyo Metro Marunouchi Line) supports you from organizing the requirements through document preparation and application.

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