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.
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.
Is there any law or regulation for lead in drinking water?
Yes. The National Primary Drinking Water Regulations (NPDWR) for Lead and Copper, 40 CFR Parts 141 and 142, promulgated in 1991, established an action level of 15 parts per billion (ppb) for lead in drinking water. Action level exceedance is determined by measuring the concentration of lead in a number of samples collected from a specified number of consumer's taps. The lead action level is exceeded if the concentration of lead in more than 10 percent of tap water samples is greater than 15ppb. Public water systems exceeding the lead action level are triggered into treatment technique requirements including corrosion control treatment, public education, and, if appropriate, source water treatment and/or lead service line replacement.
What are the sources of lead in drinking water?
Lead in drinking water results primarily from corrosion of materials containing lead installed in building plumbing such as lead solder, brass, bronze and other alloys containing lead in contact with the water. The amount of lead attributable to corrosion by-products in the water depends on a number of factors, including the amount and age of lead bearing materials susceptible to corrosion, the way they were manufactured, how long the water is in contact with the lead-containing surfaces, and how corrosive the water is towards these materials. The corrosivity of water is influenced by a number of factors, including acidity, alkalinity, dissolved solids and hardness. In general, soft acidic waters are more corrosive to lead than hard waters.
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