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Producing Foods in New Hampshire- Do it Safe, Do it Legal

Learn about the regulations and requirements for producing and selling food in New Hampshire. Find out which agencies regulate food establishments and where to find the regulations. Get answers to your questions from the NH Department of Health and Human Services.

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Producing Foods in New Hampshire- Do it Safe, Do it Legal

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  1. Producing Foods in New Hampshire- Do it Safe, Do it Legal U.S. Small Business Administration Webinar September 24, 2014

  2. Agenda • What agencies regulate food in New Hampshire • What are the requirements for food establishments in New Hampshire • Where can the regulations be found • Who can answer questions for a small business

  3. NH Department of Health and Human Services-Food Protection Under RSA 143-A a food service license is required for all food service establishments and retail food stores • grocery stores • schools • restaurants • mobile food units • home food manufacturers • bed and breakfast facilities • bakeries • bars/lounges

  4. What is NOT under the jurisdiction of Food Protection? • Temporary Food Establishments • Occasional Food Service Establishments and Events • Food Pantries and Soup Kitchens • Child care centers, youth camps, nursing homes • Food Establishments-Self Inspecting Cities &Towns

  5. NH DHHS Food Protection also: • Licenses Beverage and Bottle Water • Licenses Dairy Products • Licenses Shellfish • License Food Processors

  6. What is under the jurisdiction of the NH Department of Agriculture? • Raw Agricultural Products • Meat • Poultry and Egg Products • Maple Syrup • Honey • Pet Food

  7. Difference Between Homestead Food Operation and Food Processing Plant

  8. Homestead License What is allowed? Baked goods – breads, muffins, cookies, Candy – lollipops, chocolates, fudge, etc. Packaged dry products – granola, spice mixes, dry soup mixes, dried herbs, etc. Foods that do not require refrigeration. Jams and jellies. Acid foods – BBQ sauces, mustards, vinegars, etc.

  9. More Basic Facts about Homestead Food Operations Minimal facility requirements using their own residential kitchen Single sink with dishmachine OR 2 bay sink to wash, rinse and sanitize equipment and utensils May use their home (residential) refrigerator Pets must be out of kitchen during preparation and packaging

  10. Homestead Food Labeling Chocolate Chip Cookies Ashley’s Cookies 2550 Kingston Lane Anytown, NH 03333 (603) 555-5555 Ingredients: Enriched flour (Wheat flour, niacin, reduced iron, thiamine, mononitrate, riboflavin and folic acid), butter (milk, salt), chocolate chips (sugar, chocolate liquor, cocoa butter, butterfat (milk), Soy lecithin as an emulsifier), walnuts, sugar, eggs, salt, artificial vanilla extract, baking soda. Contains: wheat, eggs, milk, soy, walnuts “This product is exempt from New Hampshire licensing and inspection.” 12 oz (340g) Net Wt. 3 oz

  11. Additional requirements for some food products to be approved Potentially Hazardous food has pH>4.6 and aw>0.85 Laboratory tests required Products that contain banana, zucchini, or pumpkin need to have a pH and aw done to determine if the product meets the definition of potentially hazardous food (pH>4.6 and aw>0.85).

  12. What is a Process Review? • Evaluation of how a food product is made • Conducted by a Process Authority • Aids in identifying critical control points

  13. More homestead food products that need further testing for approval Jams and jellies Acid foods BBQ sauces Mustards Hot sauces

  14. When is Homestead License Required? A Homestead License is required if: • Your annual gross income from your homestead products exceeds $20,000; or, • You wish to offer your non-potentially hazardous products to restaurants, other retail food establishments, over the Internet, by mail order establishments, over the Internet, by mail order

  15. Homestead license application requirements Water test results, if the residential kitchen has a private well – bacteria, nitrates, and nitrites. A complete list of products to be made. A list of locations that the products will be sold.

  16. Products that always require a process review Depending on the formulation, these products may be classified as acidified foods not acid foods and therefore, require a process review. Acidified foods are low-acid foods to which acid or acid foods are added – pickles, relishes. Acid foods have a natural pH below 4.6.

  17. Products not approved for homestead licenses Products that meet the definition of potentially hazardous foods in He-P 2300. Products that have a ph >4.6 and a water activity (aw) >0.85. Foods that require refrigeration – cheesecakes, pumpkin pies, custards, cakes with fresh fruit fillings/cream cheese frostings, salsas, soups, salads, sandwiches, etc. Acidified foods – pickles, relishes, salsas, hot sauces, pepper jellies, etc.

  18. Food Processing Plant • In order to operate a food processing plant in New Hampshire, a food license shall be obtained.

  19. Commercial Kitchen Requirements Commercial refrigeration 3-bay sink to wash, rinse, and sanitize equipment Food prep sink At least one handsink Mop sink Floors, walls, and ceilings are required to be smooth, durable, non-absorbent and easily cleanable.  

  20. Commercial Kitchen Requirements • Water test results • Septic Documentation • If the facility is new then floor plans are required to be submitted for a plan review • HACCP plan • Recall Plan

  21. Meat and Poultry Requirements • Beef, Pork, Goat and Other Meat • Poultry

  22. FDA Requirements • Labeling • Registration

  23. Resources • State Level • NH DHHS-licensing of retail food establishments, food processors, shellfish, dairy products, beverage and bottled water-www.dhhs.nh.gov • NH Department of Agriculture-organic certification, apples, cider, eggs, potatoes, honey, and maple products • http://agriculture.nh.gov/ • NH Department of Environmental Services-water quality-www.des.nh.gov

  24. Federal Resources • US Food and Drug Administration-www.fda.gov • Information about food labeling and facility registration • US Department of Agriculture-www.usda.gov • The USDA “Guidance for Determining Whether a Poultry Slaughter or Processing Operation Is Exempt from Inspection Requirements of the Poultry Product Inspection Act ” is available at: http://www.fsis.usda.gov/oppde/rdad/fsisnotices/poultry_slaughter_exemption_0406.pdf

  25. Other Resources • New England Food Entrepreneurs • http://extension.unh.edu/nefe/

  26. Contact Information Royann Bossidy Colleen Smith NHDPHS Food Protection Section 603-271-4589 29 Hazen Drive Concord, NH 03301 Colleen.smith@dhhs.state.nh.us rbossidy@dhhs.state.nh.us www.dhhs.nh.gov/dhhs/foodprotection

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