misc Can someone walk me through the process....

D

Denny Chimes

Of getting your product approved by the FDA, the state ag department, whatever. Who's permission and what is the process for getting clearence to sell hot sauce online?

Thanks in advance.
 
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I have no experience in that area but wher goes what I've observed:
1. Jump through 3 hoops.
2. Stand on you head.
3. Jump through more hoops.
4. Jump through 4 hoops that are on fire.
5. Swear a blood allegiance with the FDA that your hot sauce will only cause brain damage and NOT cancer.
6. Sell your hot sauce. 😉

But on a serious note, I believe the FDA has a downloadable guidelines section on their website.(www.fda.gov)/(http://www.cfsan.fda.gov/list.html)
 
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Formation of an LLC is the quickest and least painful (in the wallet). With this formation, you can sell. When it comes to the FDA, your best bet is to inquire with your Town Hall, perhaps a local University, or even someone who owns a restaurant or food business where they package food on premises. Most states do not allow creation and packaging within a household. Town Hall and/or a University can head you in a direction to an FDA approved facility for the creation of your product. If you go and have the FDA approve your product, it's gonna cost you a good amount of cash. Your best bet is to find a co-packer, have them create and bottle it for you, as they are responsible for it then, and are already FDA approved (make sure yourself). Selling it from your home shouldn't really be a problem, as long as you keep good records of your transactions. Since the product was previously packaged, there is no piercing of the corporate shield through your LLC in case of legal actions against you. Remember, your biggest cost will be legal fees in your endeavor, there's really not much you can do about that, and you should have a lawyer on retainer just in case. Insurance is a must as well, and depending which company insures you, the rates aren't really that bad. I wish you luck in your endeavor.
 
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In regards to co-packers, I've met with 2 (they can be few and far between), one the minuim order was over 400 gal. and the other wanted to sub out a lot of the "fresh" products I use, plus was looking at about $20,000 for him just to make them, and I lose the quality control.
I'm am fortunate to have been in the restaurant biz for 18 years and I have a friends commercial kitchen I can use. I guess that the other part of that is I am a bit hesitant to invite the FDA into his place (any idea of aprox. cost?) in case they look beyond my sauce making endevor (not saying the guy does not have a clean kitchen, but if they see something they don't like while they are there it could become a hassle for the person who is doning me a favor). However I believe I would not get my process certified without doing so, catch 22.
Production aside, could someone operate as a sole proprietorship and carry personal liability? The liability should cover up to the $1M and I guess anything beyond that would be out my a**.
I think I have some decent products (I like them anyway) and have been trying to make the transistion from hobby to the marketplace, but meeting with some costly frustrations. Guitargod was somewhat accurate.
 
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Well, like I said, in most states it's not legal to make it in your home, check with your local health department. Sometimes they will grant a temporary easement to allow you to start up, which is probably how most of us began anyway. To have the FDA personally oversee your operation will cost a LOT of money, and it varies a bit from state to state, but to have them do the nutritional breakdown alone will run in the thousands. I would suggest to keep looking for a co-packer, it doesn't have to be in your state, and shipping is more or less inexpensive (although they charge extra for residential drop-off and pick-up). Also, like I said, look into local educational establishments to see if they can hook you up with an FDA approved facility (Rutgers University in NJ was a great help to us early on). Do not lose hope. I would suggest making small batches and handing them out free of charge as kind of a 'test market', just to make sure people will like the stuff. Perhaps a nearby drinking establishment will allow you to do a demo in their place (you'll probably have to have insurance for this).
 
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Drinking establishment???? ...well I never... :D I've had some bar tabs the size of a small countries defense budget.

Well I'm glad you said that, because that's what I've been doing. Made a bunch at home passed them all around, had several tastings at what will be known as "The Rooster", got feedback tweaked formulas, they let me cook there after their crew leaves, and I'm starting to amass a little local reputaion. The website was finished last week, ahem if I may be so bold (not sure of the etique on this, but we worked pretty hard on it and would like to show it off, www.capitolpunishmentfoods.com )

The temparary easement is the first I've heard about it, and sounds the most encouraging. Though being in DC our "Town Hall" moves at the breakneck speed of bueracratic molasses. I'll see if I can pay someone to stand in line for me.
 
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$20,000 for a co-pack... somebody isn't being very helpful... If someone wants a nice clean little Canadian price, they should talk to me. lol

Ok shameless personal plug aside, John, who did you have co-packing for you? They aren't that crazy are they???

T
 
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Not at all, but they aren't taking any more customers at this point, they are at maximum capacity, I talked to them about it at the Fiery Foods show. They do 50 gallon batches, which is really cool.
 
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Good bid Tina, I'm going self manufacture for now. I've been pointed in the direction of Pepperworks in VT. But he is booked until mid May. Damn, I've been working my whole life in hope to one day open a restaurant (masachism running rampant), but I think I'm just going to try and find a small commercial space, get it up to code, get some equipment and pack away.
 
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