| Can I legally make a food product, (for example, cookies, salsa, and barbecue sauce) in
my private home for commercial sale?
|
Approval is possible, but
rare. The ingredient and container storage area, food processing area, and finished goods
storage and distribution area must be completely separate from any private living spaces.
The design and construction requirements for walls, floors, ceilings, equipment, plumbing,
ventilation are higher than required for private homes. Inspectors must be allowed
entrance during normal business hours including all hours of food processing. Local zoning
also may prohibit a home processing facility. Its is easier and better to rent a
restaurant kitchen or suitable facility for the time needed to process than to rebuild a
private residence to meet the strict legal requirements. |
California
Department of Health Services
Food and Drug Branch (FDB)
1500 Capitol Ave, MS 7602
P O Box 997413
Sacramento, Ca 95899-7413
(916) 650-6500
FDB web site:
http://www.dhs.ca.gov/fdb/
U.S. Food and Drug Administration (USFDA) Pacific Region
Los Angeles District
19990 MacArthur Blvd., Suite 300
Irvine, Ca (949) 798-7600
Or
USFDA, San Francisco
District Office
Compliance Branch
1431 Harbor Bay Parkway
Alameda, Ca 94502-7070
(510) 337-6700
USFDA Home Page web site
Code of Federal Regulations Refer to Title 21
Http://www.fda.gov/
|
| I want to start a food business. Can I temporarily use my home until I make enough money to afford a processing plant?
|
No. All food must be produced
in a facility that is either registered, licensed, or under permit to a government agency
to be legally offered for sale. Food that is sold to a restaurant, grocery store, or other
retail business must be from an approved (government regulated) source.
|
| Do I have to put all the ingredients in my food product on the label?
|
Yes, all ingredients that are
present in the finished product must be listed on the label by common or usual name in
descending order of predominance by weight. There are a number of conventions that have
been established by Federal regulation to provide guidance on correct label designations.
For example, water added to baked goods, like bread, for processing purposes, but which
later is baked out is not required to be listed on the label. Spices, generally, need not
be declared individually, but may be represented by the collective term "spices"
if they are less than 5% of the total weight. There are additional specific requirements
for food additives, like preservatives and coloring additives. For specific requirements
please consult Title 21, Code of Federal Regulations, Part 101.
|
| How do I get my labels approved?
|
The Food & Drug Branch
(FDB) does not approve labels. Food manufacturers are responsible for the accuracy of all
labels and compliance with applicable labeling requirements and regulations. Private food
technologists and label consultants are available and should be consulted if technical
assistance is required.
|
| Do I have to put an "expiration" or "sell by" date on my food
product’s label?
|
Mandatory "sell by"
and expiration date requirements exist for only a few food products. Dairy products have
open dating requirements enforced by the U.S. Department of Food and Agriculture and the
California Department of Food And Agriculture. Infant formula is required to bear a date
that ensures full nutritional value. Other foods are not required to have an open date,
but many consumers expect a date on packages. Date codes and other codes that identify
when a product is made ("lot" and "batch" codes) are recommended for
most foods. They help manufacturers and retailers to trace and rotate inventories
properly. If there is a problem with a particular lot or code, it can be more easily
removed from sale. In the event of a recall, failure to have a code on a food product
forces the firm to remove all of that product from sale to protect the public. |
