Running a Small Agricultural Business : Guidelines Covering Home Processing of Foods for Sale

Guidelines Covering Home Processing of Foods for Sale (Pertaining to NYS Ag and Markets)

PART 276
Food Processing Establishments
Section
276.1 Good Manufacturing Practices
276.2 Records
276.3 Codes
276.4 Exemptions

Section 276.1 Good Manufacturing Pratices. All food processing establishments subject to regulation under Article 20-C of the Agriculture and Markets Law shall be subject to the Current Good Manufacturing Practices of Part 261 of this title unless exempted by said Article 10-C or by this Part.

276.2 Records. Establishments required to be licensed pursuant to Article 20-C of the Agriculture and Markets Law unless exempted by this Part shall conform to the following record keeping requirements:
(a) Food processing and production information shall be entered on forms, approved by the commissioner, which shall include the product proessed, the code number, the size of container, the
approximate number of containers per coding interval and other appropriate processing data required by the commissioner.
(b) Every operator of a processing plant shall keep a record of every transaction of the sale and distribution of potentially hazardous foods. Such records, in addition to the names and addresses of the persons or firms involved in the transaction, shall contain the code numbers of each lot involved.
(c) All records, formulas and related data shall be legibly written in English and kept for the commisioner's,at the processing facilities and shall be available for examination at all reason able hours by designated employees of the department.

276.3 Codes, (a) Each container of potentially hazardous food, as defined hereinafter, shall be marked with an identifying code which shall be permanently visible to the naked eye.
(1) Where the container does not permit the code to be embossed or inked, the label or other similar marking device may be legibly perforated or otherwise marked, provided that such label is securely fixed to the product container in a manner satisfactory to the commissioner.
(2) The required identification shall identify in code the establishment where packed and the period during which packed.
(3) The packing period shall be changed with sufficient frequency to enable identification of lots during their sale and distribution.
(4) Packing period codes may be changed on the basis of one of the following: intervals of every four to five hours; personnel shift changes; or batches, provided the containers comprising such batch do not extend over a period of more than one personnel shift
(b) Definitions.
(1) Potentially hazardous food shall mean any perishable food which consists in whole or in part of milk or milk products, eggs, poultry, fish, shell fish, or other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms.
(2) Perishable food shall mean any food of such type or in such condition as may spoil.
(3) (If a separate room is built or used, licensing is required). Home processed food within the context of this Part shall mean any food processed in a private home or residence using only the ordinary kitchen facilities of that home or residence which are also used to prepare food for the owner thereof, his family, nonpaying guests and house hold and farm employees who reside therein, but shall exclude potentially hazardous foods as defined in this Part or thermally processed low-acid foods packaged in hermetically sealed containers as covered by Part 277 of this Section and acidified foods packed in closed containers, including but not limited to pickles and relishes prepared from low-acid fruits, vegetables, poultry, meat, meat products, fish or seafood.

276.4 Exemptions, (a) Maple syrup and honey.Processors of maple syrup or honey who do not purchase maple syrup or honey from others for repackaging and who do not combine maple syrup or honey with any other substance shall be exempt from the licensing requirements of this Subsection, provided that the following conditions are met:

(1) Such establishments are maintained in a sani- shall be exempt from the licensing requirements of
tary condition and manner, and to this end the Article 20-C, provided that the following conditions
following requirements shall be compiled with: are met:

(i) Every practicable precaution shall be taken to exclude birds, insects (except those involved in the production of the product), rodents and other vermin and animals from the premises of the operation.
ii) The use oshall be permitted only under such precauf insecticides, rodenticides and other pest control items in such establishments tions and restrictions as will prevent the contamination of the product.
iii) Rooms, compartments, places, equipment and utensils used for preparing, storing or otherwise handling the product and all other parts of the operating premises shall be kept in a clean and sanitary condition.
(iv) There shall be no handling or storing ofmaterials which may create unsanitary conditions in any place or places where the product is prepared, stored or otherwise handled.
(v) All equipment and utensils used in processing or handling of the product shall be maintained in good repair to assure sanitary conditions in the operation
(vi) All finished product containers must be clean, sanitary and properly labeled in compliance with the requirements of Parts 175-178 and 259 of this Title.

(2) Exemptions from licensing requirements ofArticle 20-C of the Agriculture and Markets Law under this section are conditioned on continued compliance with the requirements of this section
(3) The granting of an exemption pursuant to this section will not exempt an operation from any inspections the commissioner may deem necessary to assure compliance with this section.
(b) Home processed foods. Processors of home processed foods who sell or offer for sale such foods shall be exempt from the licensing requirements of article 20-C, provided that the following conditions are met:

(i) the name and address of the home processor;
(ii) the common or usual name of the food;
(iii) if the food is fabricated from two or more ingredients, the common usual name of each
ingredient in their order of predominance; except that spices, flavorings and colorings
may be designated as spices, flavorings and colorings without naming each, and spices and flavorings may be designated together as flavorings.
(iv) the net weight, standard measure or numerical count.

(2) All home Processed foods produced under this exemption are neither adulterated nor misbranded.
(3) Glass containers for jams, jellies, marmalades and similar products are provided with suitable rigid metal covers.

The following foods are not considered potentially hazardous and may be processed in the home.
1. Bread or rolls
2. Jams, jellies, marmalades, or similar products
3. Cookies, brownies, or fudge
4. Double crust fruit-type pies
5. Cakes which require no refrigeration
6. Candy (not chocolate)
7. spices or herbs
8. snack items such as popcorn, caramel corn, and peanut brittle

NOTE: A review of processing procedures by Comell University or a similar institution, may be required with certain acid products (i.e., herbal vinegar, salad dressings) before an exemption is granted.