A gelato shop with a production lab—where the gelato is made but there are no tables or chairs for on-site consumption—is classified as an artisan production business, not as a food and beverage service like bars or cafés.
Law no. 443/85, better known as the “Framework Law on Artisan Businesses,” states that the premises must have a minimum of 40 square meters of usable space, comply with hygiene regulations, and keep the production lab separate from the sales area.
Requirements
All requirements can be self-certified. The necessary forms can be obtained from the One-Stop Shop for Enterprises (SUAP) at your local Chamber of Commerce, Confcommercio, or Confesercenti office.
You can open a gelato shop if you:
- are at least 18 years old
- have completed compulsory schooling (at least until age 16)
- have not declared bankruptcy
- have no criminal record
If you previously declared bankruptcy, you may still open a business once your position has been regularized and all debts have been paid.
In the case of a criminal record, five years must have passed since serving the sentence.
Bureaucratic Procedures
You can begin your new business 30 days after submitting the Certified Notice of Business Commencement (SCIA). This document can be requested from the SUAP office of the municipality where your gelato shop will be located (some municipalities offer this service online).
You must also complete one or more forms declaring whether your business is a new production lab, a renovated one, or if you are taking over an existing business.
If you plan to sell pre-packaged food products not made on-site, you will need an administrative license from the municipality. In that case, your business falls under commercial activity, governed by Legislative Decree no. 114/98.
If you plan to add tables and chairs for consumption, either indoors or outdoors, your business is no longer considered an artisan workshop. It becomes a food and beverage service activity, and the bureaucratic requirements change. You will then need the same permits required to open a bar.
Hygiene Regulations
Legislative Decree 155/97 sets out the necessary measures to ensure food safety. As the business owner, you are personally responsible for ensuring compliance with all health and safety regulations.
You must guarantee that all phases of your food production—preparation, processing, manufacturing, packaging, storage, transportation, distribution, handling, and sales—are carried out hygienically.
It is advisable to consult a specialized food safety consultant to create a custom HACCP manual tailored to your gelato business. This manual must be kept up to date in case of an inspection by the local health authority (A.S.L.).