BecomingASmall-ScaleFoodProcessorUpdated12-09

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Becoming a Small-Scale Food Processor Guide to Farming in New York State #28 Revised 12/09/09 Basic Standards for Home and Commercial Kitchens, and Small Scale Food Processing Facilities Information prepared by Olga Padilla-Zakour, from the NYS Food Venture Center at Cornell University (www.nysaes.cornell.edu/necfe) for educational purposes only – please contact pertinent regulatory agencies for further detail. The Federal government, individual states, cities and municipalities govern the ope
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    Becoming a Small-Scale Food Processor #28 Guide to Farming in New York State Revised12/09/09 Basic Standards for Home and Commercial Kitchens, and Small Scale Food Processing Facilities    Information prepared by Olga Padilla-Zakour, from the NYS Food Venture Center at Cornell University(www.nysaes.cornell.edu/necfe) for educational purposes only – please contact pertinent regulatory agencies for  further detail. The Federal government, individual states, cities and municipalities govern the operation of food processingfacilities whether home kitchens or commercial facilities. Regulations differ from state to state and are determinedby the type of the food product being prepared and the processing methods used. When considering starting up ahome or commercial kitchen, it is important to research which agencies regulate licensing of the product,inspection of the facility, foods allowed and not allowed to be produced in each facility, local zoning lawsgoverning the use of the building, and building codes. Foods that are regulated and require a Processing License – Article 20-C License This regulation applies to anything that is altered by baking, canning, preserving, freezing, dehydrating, juicing,cider, pickling, brining, bottling, packaging, repackaging, pressing, waxing, heating or cooking, smoking,roasting, manufacturing. Requirements vary depending on product. A scheduled process must be developedwhich outlines recipe testing/formulation, critical control points (to avoid contamination), processing steps,storage requirements, distribution and selling conditions/restrictions. Assistance for developing a scheduledprocess is available from the NYS Food Venture Center - see information below. For a complete list of products that require an Article 20-C license visit the following website:www.agmkt.state.ny.us/FS/general/license.htmlor call 518-457-4492. Food Safety   HACCP (Hazard Analysis Critical Control Point) is a FDA regulation that requires a controlled process befollowed to minimize points of contamination when processing foods. HACCP plans are required for wholesalesales (not for retail) of seafood, dairy, juice and cider processing facilities. Other sectors of the food industry arecoming into voluntary compliance. For more information check the website -www.cfsan.fda.gov/~lrd/haccp.html. Home Processing Exemption New York State allows non-hazardous foods such as candy, cakes not requiring refrigeration, cookies, brownies,two-crusted fruit pies, breads and rolls, fruit jams and jellies, dried spices and herbs, and snack items to beproduced in home kitchens. A review of processing procedures may be required for certain products beforeexemption is granted. Anyone seeking a Home Processing Exemption must contact the NYS Department of Agriculture & Markets to obtain this certificate (www.agmkt.state.ny.us/FS/consumer/processor.html). Anannual water test for bacteria is required for all home processors on private water supplies. Internet salesare not allowed under this exemption.Some types of foods may not be produced in a home kitchen, as mandated by Federal regulations. These foodsare considered potentially hazardous:    Low acid and acidified foods packed in hermetically sealed containers must be registered with the US Foodand Drug Administration (FDA).    Meat products with more than 3% raw or 2% cooked meat ingredients in a completed product are regulatedby the US Department of Agriculture (USDA).    Vacuum packaged and any other reduced oxygen packaged products.(over)    Becoming a Small-Scale Food Processor Guide to Farming in New York State #28 Revised12/09/09 Zoning Regulations  Local municipal zoning and planning boards determine the scale of operations permitted in an establishment.They regulate number of employees allowed on premise and whether a second separate kitchen facility is allowedto operate on site. Check with local building inspectors to determine what operations can take place in the kitchenchosen for food production. There are local building codes that govern volume of business in a building andegress from building, drainage issues such as back flow protection and grease traps. Commercial equipment mustcomply with fire codes, FDA and USDA requirements as appropriate. Minimum Food Processing Facility Requirements for New York StateProcedure Home Kitchen Home Annex Commercial   Inspection YesPotable water required(documented)– municipal or treatedwell waterYesPotable water required(documented)– municipal ortreated well waterYesPotable water required(documented)– municipal ortreated well water Licensing Non-potentially hazardous foodsfor wholesale market exempt fromlicensing by NYS Dept of Agriculture & Markets(NYSDAM)      20-C license NYS Dept. of Agriculture&Markets    Separate cleaning, sanitizing,and hand wash facilities.      Fee - $400.00/2 years    20-C license    NYSDAM    Fee - $400.00/2 years InspectionAgency    NYSDAM -May requestreview of processing proceduresby recognized processingauthority. Only normal kitchenfacilities can be used.    NYSDAM      Dept. of Health - fresh-servefoods only. Kitchen held torestaurant standards (seebelow).    NYSDAM      Dept. of Health - fresh-serve foods only. Kitchenheld to restaurant standards(see below). Foodsallowed    Candy- non-chocolate, fudge    Cakes not requiringrefrigeration    Cookies    Brownies    Two-crust fruit pies    Bread, rolls    Fruit jams, jellies    Spices, herbs    Snack items     Bake goods (i.e. bread, rolls) for whole sale distribution    Any processed food    Low acid and acidified foodspacked in hermetically sealedcontainers. Must register withFDA      Any processed foods    Low acid and acidifiedfoods packed inhermetically sealedcontainers. Must registerwith FDA   Foods notallowed  Cakes which requirerefrigerationPies containing milk, eggs ormeat productsChocolatesLow acid & acidified foods      Meat products if   More than 3% raw or 2%cooked meat ingredients –USDA regulated     Meat products if   More than 3% raw or 2%cooked meat ingredients –USDA regulated  Zoning      Check with city/town Zoning /Planning Board    Issues: scale of operation;number of employees    Check with municipality    Zoning/Planning Board    2nd kitchen may not beallowed on premise    Issues: scale of operation;number of employees    Check with municipalityZoning/Planning Board    Issues: scale of operation;number of employees pg. 2 of 4    #28 Revised12/09/09 Becoming a Small-Scale Food Processor Guide to Farming in New York State Minimum Food Processing Facility Requirements for New York State (cont’d)Procedure Home Kitchen Home Annex Commercial BuildingCodes    Check with local BuildingInspector    Small volume business only    25% of home devoted tobusiness    Egress from building maybe an issue    Check with local BuildingInspector    Commercial equipment mustcomply with Fire & BuildingCode (see OfficialCompilation of the NYBuilding Codes Rules andRegulations, Title 9, Exec. vol.B)      Catch basin    Structural permit for building    Back flow protection & greasetrap (referred to SewerDepartment).    Check with localBuilding Inspector    Commercialequipment mustcomply with Fire &Building Code (see  Official Compilationof the NY BuildingCodes      Catch basin    Back flow protection& grease trap (referredto Sewer Department). Basic Requirements for a Small-Scale Food Processing Establishment State of NY Department of Health (DOH) -Restaurants   NYS Department of Agriculture and Markets –Food preparation and processing      Submit kitchen drawings before construction    Three-bay sink with stainless steel drain boardsortwo-bay sink with a commercial dishwasher    Separate hand washing/mop sink     Washable materials on walls and work surfaces    Restaurant grade, commercial tile floors-painted concrete not allowed    Commercial coolers/refrigeration    Water from non-municipal water supply mustbe tested quarterly.    Review DOH “Checklist for New orRemodeled Establishments”    Some locales require food worker certification.    Kitchen requirements based on food item(s) beingproduced- Determined upon inspection    Easily cleanable, smooth work surfaces.    Non-absorbent, smooth and easily cleanable floors,walls and ceilings.    Review of processing procedures including handwashing, sanitizing, equipment sinks, waterpotability and food preparation.    Review NYSDAM Circular 951 -Pursuant to theLicensing of Food Processing Establishments.*      Circular 938 - Rules and Regulations Relatingto Food Processing Establishments.*      Circular 933-Good Manufacturing Practices  * Circulars are available through local Dept. of  Agriculture and Markets or NYSDAM, 1 WinnersCircle, Capital Plaza, Albany, NY 12235, Phone 518-457-5459(over) pg. 3 of 4  #28 ecoming a Small-Scale Food Processor Revised12/09/09 uide to Farming in New York State Helpful Resources for Small Scale Food ProcessorsHelpful Resources for Small Scale Food Processors For assistance in developing a scheduled process for your recipe, developing a processed food product, andlabeling, contact: NY Food Venture Center at the NYS Agricultural Experiment Station in Geneva, 315-787-2259.For assistance in developing a scheduled process for your recipe, developing a processed food product, andlabeling, contact: NY Food Venture Center at the NYS Agricultural Experiment Station in Geneva, 315-787-2259. Request the publication : Small Scale Food Entrepreneurship: A Technical Guide for Food Ventures. Request the publication : Small Scale Food Entrepreneurship: A Technical Guide for Food Ventures. Product development, processing and distribution assistance is also available from Nelson Farms at SUNYMorrisville – 315-655-8831 orwww.nelsonfarms.orgProduct development, processing and distribution assistance is also available from Nelson Farms at SUNYMorrisville – 315-655-8831 orwww.nelsonfarms.org The USDA Sustainable Agriculture Research and Education (SARE) agency has published a plain-language guideto Value-Added Food Processing that is available online in PDF format atnesfp.nutrition.tufts.edu/downloads/guides/PL_ValueAddedGuide.pdf  To learn about small scale food processing activities in NYS, join the NYS Small Scale Food ProcessorsAssociation:www.nyssfpa.comand become a member of Pride of NY – 800-554-4501 or email: prideofny@agmkt.state.ny.us;www.prideofny.com   Regional Offices of the NYS Department of Agriculture and Markets NYS Department of Agriculture and MarketsDivision of Food and Inspection Services55 Hanson PlaceBrooklyn, NY 11217-1583212-722-2876NYS Department of Agriculture and MarketsDivision of Food and Inspection ServicesElectric Tower Building535 Washington Street, 2 nd Floor Suite 203Buffalo, NY 14203716-847-3185NYS Department of Agriculture and MarketsDivision of Food and Inspection Services900 Jefferson RoadRochester, NY 14623585-487-0200NYS Department of Agriculture and MarketsDivision of Food and Inspection ServicesNYS Fairgrounds – Art and Home CenterSyracuse, NY 13209315-487-0852 United States Food and Drug Administration 300 Pearl Street, Suite 100Buffalo, NY 14202716-551-4478New York District Office158-15 Liberty AvenueJamaica, NY 11433718-662-5447 United States Department of Agriculture - Food Safety Inspection Service (USDA FSIS) 5 Washington SquareAlbany, NY 12205518-457-4492 (return to contents)     pg. 4 of 4
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