From Hobby to Business

[capsaicin]

I have read through the threads regarding the sauce-making business and still have a bit of confusion. I am currently a hobby sauce maker in the process of becoming official. I am going the route of renting a commercial kitchen by the hour and selling locally. After getting local Food Manager Certificate and starting LLC and generally checking off the boxes, I had someone ask me about the stringent FDA regulations for shelf stable products. I assumed they were talking about low acidity foods but found that FDA regulations (114 CFR) about acidified foods were ponderous.

My question is to commercial hot sauce makers (on any scale, but preferably small to mirror my own ambitions). Do you have to keep samples from every batch for future problems and testing, does the FDA require any particular licensing and/or fees in addition to the local authorities? Other than keeping detailed pH testing data and production dates, do these regulations require anything? Do you have new batch numbers on the label for each production run?

Sorry for the preponderance of words, but that is how the inside of my head looks after looking through the Code of Federal Regulations as expressed by the FDA.

Any clarification or humor appreciated.

Thanks.

 

[Hot Pooper]

I like hot sauce

 

[salsalady]

Hi Capsaicin,

For myself, in Washington State, Washington State Department of Agriculture is my licensing entity for wholesale marketing. If I were to retail the product, I would also need a County license, but that's just because our county is screwed up and won't recognize the state license. So anyway, the state inspector reviews my recipes. Sometimes he will make a determination as to the safety of the product just based on the recipe, but most of the time he will require a "process authority letter". To get that, you send samples of your product and the exact recipe to a process authority, they will review the recipe, do a pH test and will make a determination as to the safety of the product, and will recommend the right process to use (usually hot fill/hold for most sauces that have the correct pH).

If your sauce has the right pH and doesn't contain things like oils, butter, dairy, most of the time the PA will give the go ahead to make the sauce as directed. At this point, you would be good to go. You do not need to register with the FDA. You DO however need to file an exemption with the FDA if you want to be excluded from the nutrition labeling requirement. Nutrition labeling and facility/product registering with the FDA are separate things. All products are required to have nutrition labels unless the maker files the exemption. It's free, you can do it online, must be renewed every year (which reminds me, mine is up this month).

If your sauce is marginal on the pH or contains things like dairy, the PA may require the person making the sauce to be BPCS certified and the sauce/facility would then need to be registered with the FDA. Our BBQ sauce contains butter, so in order to be able to make it myself, I had to get BPCS certified and also FDA-registered.

Your health district person should be able to walk you through all this. For your other questions-
yes- keep detailed production records
no- don't keep samples from each batch
yes- use new batch numbers for eatch batch, I use a simple price gun, the batch number just needs to be on the bottle somewhere, not necessarily on the label.

Good Luck, and get your health district inspector's number on speed-dial!

SL

 

[megahot]

I dont know about any of that stuff. But I'm sure when it comes to FDA regs it's better to have your T's crossed and your I's dotted! I just wanted to say good luck with your soon to be hot sauce business!~

 

[stickman]

I have read through the threads regarding the sauce-making business and still have a bit of confusion. I am currently a hobby sauce maker in the process of becoming official. I am going the route of renting a commercial kitchen by the hour and selling locally. After getting local Food Manager Certificate and starting LLC and generally checking off the boxes, I had someone ask me about the stringent FDA regulations for shelf stable products. I assumed they were talking about low acidity foods but found that FDA regulations (114 CFR) about acidified foods were ponderous.

My question is to commercial hot sauce makers (on any scale, but preferably small to mirror my own ambitions). Do you have to keep samples from every batch for future problems and testing, does the FDA require any particular licensing and/or fees in addition to the local authorities? Other than keeping detailed pH testing data and production dates, do these regulations require anything? Do you have new batch numbers on the label for each production run?

Sorry for the preponderance of words, but that is how the inside of my head looks after looking through the Code of Federal Regulations as expressed by the FDA.

Any clarification or humor appreciated.

Thanks.

Sounds liike what Mark Erelli said about being a folk singer... All you need is a simple song, three chords and the truth... In the days post-9/11 it's all gotten a bit ridiculous in the name of "national security". What are we trying to protect? You would think the "American Way" would include protecting the small guy who just wants to make a few bucks without poisoning an unsuspecting public. Unfortunately, it just seems to protect the businesses that are "Too Big to Fail" like the peanut warehouse that faked USDA inspections and paid off the inspector to cover it up.

 

[Lucky Dog Hot Sauce]

I choose to retain samples from my co-packed batches. It's not a CA requirement but it's helpful to have it on-hand.

But the state made me sublit samples to a lab, and then sent an inspector out to randomly sample my sauce & test pH prior to clearing it for sale. CA is a state with very stringent shelf-stable acidic product requirements.

That said I'd recommend retaining samples from each batch just to be safe. It's also useful to you for monitoring of stability in ambient conditions.

I just went through the "going pro" process and can relate - i'll try to help with info when i can!

Good luck!

 

[salsalady]

Good perspective on saving a sample from each batch, LDSH. Where I'm at it is not required, but it is a good idea anyway.

 

[=MadMonkey=]

only thing that scares me away from the sauce market is thinking about a customer having a heart attack
or claiming to be poisoned after consumption and the Repercussions after an angry family turns around
and sues for selling ghost type super hot sauces.

so yeah, covering yourself from every law requirement & Insurance angle is very Important.

 

[salsalady]

I see a lot of similarities in our electrical business and in our sauce business. Basically, be licensed, legal, insured, follow the rules, and make every attempt to do everything above and beyond what is required.

Especially in our electrical business...we can only do so much. We can install a safe, inspected electrical system in a house, but that's not gonna stop some kid from sticking a knife in an outlet and getting shocked. I can sell a really hot product with strict instructions to only taste it by the drop or to only use it in other foods, but that's not gonna stop someone from downing a dropper-ful anyway.

At some point, a person has to take responsibility to keep their kid (or themselves) away from electrical outlets, burners on the stove, bleach under the sink, and hot sauces that are out of their league.

 

[capsaicin]

Thanks for the responses all. Anytime you're dealing with public agencies, the scenarios often become some absurdity from a Kafka story. But 'tis the cost of doing business. That being said Texas, a state with an official native chile pepper, has easy access to their acidic foods guru through the Ag-Extension. I just need to get in touch with him for another consult.

Salsa Lady and Lucky Dog, you two are so very responsive and free with your information...it is free right? Seriously though, thank you for your responses. It helps to talk to folks from the other side of the veil.

Cheers.

 

[salsalady]

Just pay it forward at some time and place. Donate a bottle of sauce to an auction for some worthy cause, rescue an animal, free Willy, (Oh sorry, I guess that's already been done. ). Yea, it's all good~~~


But seriously, start with your local agency. That's their job is to work with food businesses and if something's not right, it's their job to help you get it right.

As I said, unless you have something in your sauce or are making a product with meat/dairy/etc, the FDA does not need to be involved.

Good Luck, Have Fun through all the headaches! It is a passionate business and if a person doesn't have the passion, they'll never push through the hurdles.

SL

 

[Lucky Dog Hot Sauce]

I pay it forward by trying to help with info whenever i can, in part inspired by SL. I also send monthly care packages to soldiers in harm's way through Anysolider.com which I've now done for several years.

And with regard to the claims/legal crap, I also do everything above board, legit, legal and carry 2 mil in liability insurance. It's not a sexy part of starting a business, but it's the smart way to do it.

it is free right?

I've already sent the bill.