As I sort through all the legal confusion here in NY I am now investigating the legalities of selling fondant cupcake toppers.
Do these need to be FDA approved ?
I was informed by the inspector for the Dept. of Ag. last year that they would be allowed seeing as I was producing them with commercially prepared fondant and gum paste ( Satin Ice ) and not manufacturing the fondant in my home kitchen. I was told as long as my packaging met FDA requirements, that I was good to go and it did not fall under the Home Processor Exemption.
Now, I have conflicting info.
I have read where I do need to be FDA inspected to sell cupcake toppers and I need to apply to them for approval.
BUT, I just found the following info online that confirms what my inspector told me.
'Food manufacturing facilities must be registered with the FDA and certified for inspection before foods can be sold at market. If food manufacturing occurs in a residential kitchen, the residential kitchen will not need to be registered with the FDA. The FDA expressly states, however, that if manufacturing occurs on a residential property but not in the home (i.e., the garage), registration is required....
Confirm the ingredients of your food product. The FDA does not require pre-approval of many food items. Basic food ingredients that are regarded as traditionally safe (i.e., flour, sugar, eggs) do not need pre-approval....
Confirm whether the packaging that you will use on your food product requires pre-approval. Food packaging is considered a food additive for regulation by the FDA as it can transfer chemical compounds to food. Some food packaging such as wax paper, plastic cling wrap or foil do not require FDA approval.'
Does anyone know what is correct?
I am getting so frustrated trying to wade through the conflicting info I was given from last year to this year.
I'm just trying to be a legal eagle.