Non-Potentially Hazardous Foods..?

Business By TheItalianBaker Updated 4 Jul 2012 , 8:10pm by TheItalianBaker

TheItalianBaker Posted 1 Jul 2012 , 6:50pm
post #1 of 13

hi everybody!
Doing some research about New Mexico laws i found this:

"The type of foods that are allowed will be high sugar containing jam/jellies, non-cream filled baked goods (yeast and quick breads, cookies, cakes, fruit pies, etc.), tortillas, candy/fudge, and dry mixes (made with commercially processed ingredients). Home-based food products can only be sold or offered free of charge directly to the consumer at locations such as farmers markets, road side stands, and fiestas in locations under NMED's jurisdiction."

I don't really understand the "non cream filled baked goods".. I mean, how am I supposed to fill my cakes? In Italy I usually make pastry cream, chocolate ganache, chocolate and cheese mixed together.. aren't they allowed in US?
so, if I bake some croissants, they must be empty, right?

Can anyone help me to get it clear?
thank you!


12 replies
Norasmom Posted 1 Jul 2012 , 7:12pm
post #2 of 13

Under the law, you are not allowed to use whipped cream, cream cheese, or custards for fillings if you are operating under the CFL's. Buttercream and merengue buttercream are all you can use. I hate that I am limited by this as well, as i love whipped cream. You can also use ganache. Basically, if it requires refrigeration, it's not allowed.

TheItalianBaker Posted 1 Jul 2012 , 7:22pm
post #3 of 13

that's VERY limitatived!! Especially because all the italian cakes I make are with cream not allowed.. oh well, it seems I need to learn how to make buttercream...
thank you tho!

Norasmom Posted 1 Jul 2012 , 7:26pm
post #4 of 13

It is! But it does protect the baker and consumer from food poisoning, not that it would happen with many of us.

jason_kraft Posted 1 Jul 2012 , 7:41pm
post #5 of 13

Those restrictions only apply to home-based bakeries, if you operate out of a licensed and inspected commercial kitchen you can make products that require refrigeration. If you are serious about offering this type of product (and it would give you a competitive advantage) you may want to look into commercial kitchen rentals in your area.

TheItalianBaker Posted 2 Jul 2012 , 2:35pm
post #6 of 13

that was exactly what i was thinking about.. bringing the real italian product could advantage me instead of fondant cakes.. my husband told me about selling baked goods at the farmer's market, so I'll give a look into commercial kitchen for sure!

MimiFix Posted 2 Jul 2012 , 3:09pm
post #7 of 13

Authentic Italian cakes and pastries would also be a good fit for selling wholesale to restaurants, diners, etc. In NY, retail sales are only allowed at limited venues but wholesale has no restrictions; many of my former students sell whole cakes, tarts, and pies to restaurants. These eateries buy whole cakes (at a good price) and sell them by the piece so they can get a good mark-up and don't mind their cost. For instance, they purchase a 10" cake (buttercream, simple design) for $30-$40. Sixteen cuts @$3.95 = $63.20 or 20 cuts = $79. Your wholesale customer is happy.

TheItalianBaker Posted 2 Jul 2012 , 3:36pm
post #8 of 13

Does it mean that i could make italian cakes and pastries at home with no limitations and sell them to reastaurants? Do i need some permission or something like that?

BakingIrene Posted 2 Jul 2012 , 3:53pm
post #9 of 13

In North America we say "when in Rome do as the Romans do"

You asked about New Mexico--that means that you follow the rules for New Mexico.

If you want to form a contract with a restaurant, then you must discuss the certification requirements with their management. They may also be restricted in what kind of kitchen is permitted to provide them with whole cakes. If they require certified premises, then you can discuss using the restaurant kitchen in off hours for the cakes they will serve onsite. That saves you a lot of paperwork.

But it still means that you follow the correct food handling procedures at all times. You need to get yourself a food handlers certificate immediately because this will give you some knowledge and basic credentials to engage in further discussions.

kelleym Posted 2 Jul 2012 , 5:18pm
post #10 of 13
Originally Posted by TheItalianBaker

Does it mean that i could make italian cakes and pastries at home with no limitations and sell them to reastaurants? Do i need some permission or something like that?

You will likely be required to use a commercial kitchen, with all the permits, licenses, and training that are involved. Contact your local health department for the requirements for selling wholesale to restaurants.

The restriction to non-potentially hazardous foods is common to most states' cottage food laws. I personally do not have a problem with this, as it protects the consumer and the operator. It is a small price to pay in exchange for being able to legally operate from home.

TheItalianBaker Posted 3 Jul 2012 , 3:39pm
post #11 of 13

thank you for all the advices!

costumeczar Posted 4 Jul 2012 , 12:13pm
post #12 of 13

I'd find out about whether they consider meringue buttercreams "non-hazardous" as well. I'm licensed and inspected and they still give me a hard time about those, I had to convince them thta they're not going to kill someone. My undrstainding is that in Virginia you can't use those if you're working under the cottage law, so you might want to check with the NM people to see what they say about that.

TheItalianBaker Posted 4 Jul 2012 , 8:10pm
post #13 of 13

I'll check it out! I don't make meringue buttercream either though, the only meringue I make is for macarons.. but they are baked, so not a big deal.
I really need to start making buttercream, it's just noone likes it here..

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