There are specific rules and regulations to be followed when making the move to becoming a small-scale food processor to ensure the safety of all those involved in both processing and consumption. Different laws and procedures apply depending on the type of food, type of facility, and local zoning influences. This sheet provides the basic requirements for operating legally as a small-scale food processor. <\/p>\n\n\n\n
The following information was prepared by Dr. Olga Padilla-Zakour and Dr. Bruno Xavier from the <\/em>NYS Food Venture Center<\/em><\/a> at Cornell University \u2013 for educational purposes only \u2013 please contact pertinent regulatory agencies for further detail.<\/em><\/p>\n\n\n\n The Federal government, individual states, cities and municipalities govern the operation of food processing facilities, whether home kitchens or commercial facilities. Regulations differ from state to state and are determined by the type of food product being prepared and the processing methods used. When considering starting up a home or commercial kitchen, it is important to research which agencies regulate licensing of the product, inspection of the facility, foods allowed and not allowed for production in each facility, local zoning laws governing the use of the building, and building codes. All food facilities are required to register with FDA (based on the Bioterrorism Act of 2002) and to renew registration every other year (to comply with Food Safety Modernization Act of 2011<\/a>.)<\/p>\n\n\n\n This regulation applies to anything that is altered by baking, canning, preserving, freezing, dehydrating, juicing, cider making, pickling, brining, bottling, packaging, repackaging, pressing, waxing, heating or cooking, smoking, roasting, or manufacturing. Requirements vary depending on the product. A Scheduled Process must be developed which outlines recipe testing\/formulation, critical control points (to avoid contamination and control hazards), processing steps, storage requirements, distribution and selling conditions\/restrictions.<\/p>\n\n\n\n Assistance for developing a Scheduled Process is available:<\/p>\n\n\n\n NYS Food Venture Center<\/strong> <\/a><\/p>\n\n\n\n For a complete list of products that require an Article 20-C license visit the following <\/strong>website<\/strong>.<\/strong> HACCP (Hazard Analysis & Critical Control Points)<\/a> Plans are mandated by FDA regulations for certain products and processes, specifying procedures to be followed to minimize contamination and to minimize\/eliminate chemical, physical and biological hazards when processing foods. HACCP plans are required for wholesale (not for retail) sale of seafood, dairy, meat and poultry products, juice and cider processing facilities. Other sectors of the food industry are coming into voluntary compliance.<\/p>\n\n\n\n The Food Safety Modernization Act (FSMA), enacted in 2011, requires that food manufacturers enhance food safety and quality by implementing Food Safety Plans, which include Preventive Controls for all aspects of food processing, from incoming ingredients through processing to storage, distribution and sale of the final product. Specific requirements for continuous training programs are also part of FSMA requirements, including that food safety personnel receive specific training on Preventive Controls. Some manufacturers are exempt, in part or completely, from having Food Safety Plans, depending on the size and types of products manufactured. More information on FSMA and on how to get Preventive Controls training can be obtained on the FDA website<\/a>.<\/p>\n\n\n\n New York State allows non-hazardous foods such as candy, cakes not requiring refrigeration, cookies, brownies, two-crust fruit pies, breads and rolls, standard fruit jams and jellies, dried spices and herbs, and snack items to be produced in home kitchens (see full list of \u201c\u2018approved\u2019 non-potentially hazardous home processed foods\u201d on information sheet below). A review of processing procedures may be required for certain products before exemption is granted.<\/p>\n\n\n\n Anyone seeking a Home Processing Exemption must:<\/strong><\/p>\n\n\n\n Some types of foods may not be produced in a home kitchen, as mandated by Federal regulations. These foods are considered potentially hazardous:<\/strong><\/p>\n\n\n\n New York State Home Processor Registration Information Sheet<\/strong><\/a>. <\/p>\n\n\n\n Note:<\/strong> Internet sales<\/a> are only considered exempt under the Home Processors Exemption if buyers are also within the state.<\/p>\n\n\n\n Local municipal zoning and planning boards determine the scale of operations permitted in an establishment. They regulate the number of employees allowed on premises and whether a second separate kitchen facility is allowed to operate on site. Check with local building inspectors to determine what operations can take place in the kitchen chosen for food production. There are local building codes that govern the volume of business in a building and egress from a building, drainage issues such as backflow protection, and grease traps. Commercial equipment must comply with fire codes, FDA and USDA requirements as appropriate.<\/p>\n\n\n\n Minimum Food Processing Facility Requirements for New York State:<\/strong><\/p>\n\n\n\n Search:<\/strong><\/p>\n\n\n\nFoods that are regulated and require a Processing License in NY \u2013 Article 20-C License from the NYS Department of Agriculture and Markets:<\/strong><\/h3>\n\n\n\n
<\/a>518-457-4492<\/p>\n\n\n\nFood Safety<\/strong><\/h2>\n\n\n\n
Home Processing Exemption<\/strong><\/h2>\n\n\n\n
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Zoning Regulations<\/strong><\/h2>\n\n\n\n