Who regulates food I would sell?

Can I sell food made in my home kitchen?

Could I have someone else produce my food for me to sell?

Who can help me determine whether I should build a home kitchen, or have a copacker product my product?

Can I produce foods in my home and cater them to other homes or for parties?

Can my home recipe be used to manufacture the food?

What assistance is available from NC State?

Where can I get help with labeling and nutritional labeling?

Does the database calculation work for all products?

 

Frequently Asked Questions from The U. S. Food and Drug Administration's, Center for Food Safety and Applied Nutrition's Starting a Food Business Website.

Food products in North Carolina are mainly regulated by two agencies.  Prepared and ready-to-eat foods are regulated by county health departments under statewide rules  adopted by the Dairy and Food Protection Branch of the NC Division of Environmental Health Services Section.

Packaged foods are regulated under the NC Department of Agriculture and Consumer Services. Meat and meat-containing products are regulated by the Meat and Poultry Inspection Division.  Packaged foods other than meats are regulated by the Food and Drug Protection Division. Certain seafoods and milk products have separate rules.  For a summary of the regulatory agencies see our fact sheet "Who Will Regulate My Food Business?"   PDF Version.

Can I sell food made in my home kitchen?

The short answer is, "probably not."  Food regulatory agencies are established to protect the safety and wholesomeness of foods offered for sale in the marketplace.  These agencies are required to make unannounced inspections of the manufacturing facility to ensure the food is produced under Good Manufacturing Practices (GMP).  This would obviously conflict with privacy guaranteed for the home.  However, some manufacturers have built a separate home processing area to process food which can meet the standards in the GMP.

Could I have someone else produce my food for me to sell?

Yes, many manufacturers both large and small, will "copack" food items for others to sell.  For some guidelines in dealing with a copacker consult the fact sheet, "Choosing a Copacker."    PDF Version.

Our food scientists would be glad to provide assistance in making this decision, however, this is a business decision you should make in accordance with your business plan.  For assistance in developing a business plan, contact the Small Business Technology and Development Center nearest you.

Can I produce foods in my home and cater them to other homes or for parties?

No, Catering is covered by the NC rules regulating restaurants and foodhandling establishments  of the Division of Environmental Health and enforced by local county health departments.  In some situations you may bake certain items such as some types of cakes for parties, but you may not prepare other food.  For further information on catering baked items, contact The NC Department of Agriculture and Consumer Services.

Can my home recipe be used to manufacture the food?

Sometimes the recipe is adequate to be used commercially, but usually it needs to be changed to make it more shelf-stable. The first goal of producing a food is that it be safe.  This means that it must be manufactured in accordance with established rules and guidelines.  It may be necessary to retain a food technologist to modify your product.  Some testing services are available from Food Science Extension at NC State University.  In addition, Food Science Extension specialists are available to advise you on your product.

What assistance is available from NC State?

NC State food scientists will assist NC entrepreneurs in determining the shelf stability of their product and will make recommendations on ingredients and processing methods.  They will also help with certain labeling issues.  It is preferred that the client have completed a business plan so basic questions can be addressed in the consultation. There are also Short Courses that are offered by Extension Specialists with the Department of Food Science at NCSU.

Where can I get help with labeling and nutritional labeling?

Labeling is regulated by the FDA through NCDA&CS. Some nutritional labeling assistance is available for North Carolina residents from NC State Food Science extension specialists using database information.  For information on submitting your product to NC State for nutritional labeling, consult the following site: http://www.ces.ncsu.edu/depts/foodsci/ext/programs/ncfood/

Does the database calculation work for all products?

No, your label may be wrong if the ingredients and amounts submitted in the ingredient report are not correct.  If you have not actually weighed the ingredients, there may also be mistakes.

Unless otherwise noted, the assumption is used that all the ingredients in the formula are present in the product and that there was no cooking loss, breading loss or added ingredients, such as added frying oil.  In some cases an ingredient does not appear in the database.  It then is up to you to furnish that information.

Database calculations, while useful, are not analyses. We recommend laboratory analysis of your product by one of the many consulting labs which perform nutrient analyses. The database may not have the exact nutritional information for your ingredient, i.e. one brand of catsup may not have the same nutrients as another brand.  Database calculation gives a reasonable approximation of the nutrient value of the submitted formulation, but because there are so many factors to consider, it cannot be assumed to be a substitute for laboratory analysis. The choice to use this information on a label is solely yours.