|
Starting A Food Business continued... page 2
Regulations and Regulatory Agencies
The Arkansas Department of Health (ADH) requires that all foods prepared/processed for sale must be manufactured in an approved facility. To be approved, the facility must meet requirements related to such things as kinds and number of sinks, location of restrooms, and materials used in flooring, walls and counters. Home kitchens or ranges placed in garages will not be approved for commercial food preparation.
Prior to beginning production, contact your county office of the ADH to assure the production facility you plan to use is approved. The county sanitarian at your county Department of Health has 2 publications that will help you with the regulations regarding an approved food processing facility.
1) Plan Review Guidelines for Food Related Establishments
2) Rules and regulations pertaining to Good Manufacturing Practices for Food Processing Establishments
If you are planning to build a new facility or remodel an existing one, you must submit a copy of your building plans to ADH for approval. A description of the information you must submit can be obtained from your county office of the ADH. Your county sanitarian can work with you on this process. Obtaining approval of this plan prior to starting construction will assure that you do not waste time and money on construction that will not meet ADH requirements. The ADH charges $50-$500 for this review depending on the size of the building.
If you plan to process and sell food only in Arkansas, you will be under state regulations established by the Arkansas State Board of Health and enforced by the Arkansas Department of Health. The state regulations are created under the authority of the Arkansas Food, Drug and Cosmetic Act. A copy of this act and specific regulations can be obtained from the ADH.
Arkansas Department of Health State Office
4815 West Markham
Little Rock, AR 72205
501/661-2171
If there is any possibility that you will be selling your food product out of the state, you must comply with the Federal regulations as stated in the Federal Food, Drug and Cosmetic Act enforced by the Food and Drug Administration (FDA). The federal regulations are more numerous and complex than the ADH regulations. This is particularly true in the areas of how some products are made, methods of measuring quality, minimum quality defects and labeling.
David Arvelo
Small Business Representative
Federal Food and Drug Administration
Suite 900
Dallas TX, 75204
214/253-5228
www.fda.gov/ora/fed_state/small_business/sb_guide/default.htm
With the exception of the somewhat stricter requirements in the Federal Food, Drug and Cosmetic Act, the provisions of the Arkansas Food, Drug and Cosmetic Act and those of the federal act are essentially the same. Thus the ADH and the FDA have a good working relationship and food plant inspections may involve ADH and/or FDA inspectors.
Both the ADH and FDA have in effect a code for food processing known as "Good Manufacturing Practices" (GMPs). Although the state and federal codes differ slightly, they are essentially the same. If your business will be strictly within Arkansas, you will operate under the state GMP regulations. If your business will cross state lines, federal regulations will also apply. You should obtain a copy of the applicable regulations and have a thorough understanding of the contents.
If your food product contains more than 5% meat, you must have U.S. Department of Agriculture (USDA) Food Safety and Inspection Service inspector present during processing. You must also comply with the USDA regulations whether the food product is sold in Arkansas only or out of the state, however, neither the ADH or FDA regulations apply to a USDA inspected plant.
As your company grows, you may have to deal with several other regulatory agencies. These include the Environmental Protection Agency (EPA), the Occupational Safety and Health Administration (OSHA) and others. Make it a point to become familiar with all of the government agencies with roles in the food processing industry and your responsibilities in working with them. The publication entitled "Food Safety; A Team Approach" is available from the FDA provides an overview of the various agencies and their roles (Call 888/463-6332 or visit the website at www.cfsan.fda.goc/list.html for copies).
Product Code
The Arkansas Department of Health requires that food processors provide meaningful coding of the product. This code must show the plant where the product was manufactured, the date and year the product was made, the product and batch number. The codes should be on both the individual containers and on cases. The codes should be kept in records pertaining to the product and should be written on invoices to identify distribution. The codes provide a means of tracking product should there be complaints or if a recall should be necessary.
Labeling Your Product
The label is the means by which consumers identify your product so time and thought should be given to developing your label. The ADH (if your product is sold only in Arkansas and has less that 5% meat), the FDA and USDA have specific regulations concerning label regulations. You should contact the appropriate agency regarding information you must include on the product label.
All food agencies require nutritional labeling if you do more than $50,000 in business. The regulations for nutritional labeling are quite extensive with very specific requirements about information to include and the format for presenting this information. Details of these requirements can be obtained from any FDA office, the FDA website or the FDA Small Business representative (See above address).
next page...
|
