Nh License Renewal -- They're Getting Strict. Help!!!

Business By nhbaker Updated 14 Aug 2009 , 2:46am by Swede-cakes

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nhbaker Posted 3 Aug 2009 , 1:23pm
post #1 of 11

I just received my license renewal form and in it they put an emaphasis on the fact that homestead kitchens cannot manufacture/sell anything that requires refrigeration (which I already knew)-- and then they list certain ingredients/items and now icing is one of them. WHAT?? I was approved last year with no issues and now this? I called DHH and they said that if it contained any items that needed refridgeration, I wouldn't be allowed to make it - i.e. milk, butter. HELLO - what icing that actually tastes good doesn't?? She told me just to include my icing recipe with my paperwork and if they have a question, they will call me. My license expires next month - what then??? I cannot afford to rent a commercial kitchen (not that there is one available in my area) or to build one in my house! I've got culinary training and have taken a santitation course - I take more precautions then most restaurants to ensure that my products are safe and I may not be able to sell cakes because I do it out of my "residental kitchen"?? Come on!!. Anyone else run into this or have any suggestions?

10 replies
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CuttingCakes Posted 3 Aug 2009 , 1:52pm
post #2 of 11

Most frostings have so much sugar and fat that it acts as a preservative, and correct me if I'm wrong but can't butter be left out of the refrigerator at least for a few days at reasonable temperatures b/c of the fat content?

They should be able to determine this when they review your recipes, if they are the same as you have submitted in the past there should be no change in their ruling.

Are you working under the homestead laws?


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nhbaker Posted 3 Aug 2009 , 1:59pm
post #3 of 11

They didn't require the recipes last year, just a list of products being made. Yes, I'm following the homestead rules. The woman that came and did my inspection (she talked more than she looked around) was quite impressed at how above and beyond I was going to ensure that everything was done right. I know, I'm probably just panicking but to have them specifically list certain ingredients is a bit intimidating.

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CuttingCakes Posted 3 Aug 2009 , 2:11pm
post #4 of 11

I'm in NH too, so I'm curious... under homestead are you required to have a three basin sink and separate refrigerator or stove?

Other than cream cheese or whipped cream icings I see no reason why they wouldn't approve most frosting... most bakeries aren't required to chill basic products.

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nhbaker Posted 3 Aug 2009 , 2:38pm
post #5 of 11

No, you need a 2 compartment sink or a 1 compartment with a dishwasher that gets hot enough to sanitize.

Here's a link that will give you the info:


read HP 2328 in particular

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CuttingCakes Posted 3 Aug 2009 , 2:53pm
post #6 of 11

Thanks, I found this too...

o Many products containing ingredients such as banana, pumpkin, zucchini, and/or cream filling/icing are considered to be potentially hazardous foods. Per He-P 2328.05, "license holders producing food in a level 1 homestead shall not produce or sell potentially hazardous food, including any food which requires refrigeration." For this reason, if any of your products contain these ingredients, you will not be approved to make these products unless you have a water activity test and pH test done and the results show that the product is not potentially hazardous. To be non-potentially hazardous the water activity test must be less than 0.85 or the pH must be less than 4.6.

If you wish to have your product tested then the Public Health Lab can do pH and water activity tests to determine whether or not it is a potentially hazardous food. You can contact them at (603) 271-4661. Please submit copies of the test results with your application (this is an annual requirement). NOTE: all variations of a product that contain the ingredients above must be tested.

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Larkin121 Posted 3 Aug 2009 , 3:24pm
post #7 of 11

Oh that just seems ridiculous to me. Butter does not have to be constantly refrigerated. Lots of Europeans don't refrigerate it at all. I mean, ok, if your cake is out for a week in hot weather, I can see it. And again, like others said, the fat and sugar preserve it in the icing. Like ganache... can you not use ganache either?

Seems that maybe they are trying to go more towards a no home kitchen law if they are taking away even basic icing as an option.

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Deb_ Posted 3 Aug 2009 , 8:01pm
post #8 of 11

I'm in MA and we have the same rule here about not being able to sell perishable goods from our kitchens.

When I was first licensed 5 yrs ago I had to submit all of my recipes to them for approval. My butter cream has butter and heavy cream in it and they approved it because it met their fat/sugar ratio (don't know what it is as every time I asked nobody could give me a straight answer icon_rolleyes.gif )

The only thing that wasn't approved was mousse and custard type fillings, whipped cream fillings, IMBC, SMBC and obviously cheesecake.

Sometimes I wonder about the actual inspectors that come out......I had to point everything out to the one that came to my home, it was like he didn't even know what he needed to look for.

When you send in your recipes it may help to send in an explanation about why it doesn't need refrigeration, i.e. fat/sugar ratio is sufficient....you probably know more then the person who will ultimately pass/fail you, so you need to educate them.

Good luck, I hope everything goes smoothly for you. Try not to stress out too much about it, I'm sure you'll be fine.

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CakeForte Posted 3 Aug 2009 , 8:09pm
post #9 of 11

worse case scenario - couldn't you use the icing in the buckets? I mean it's probably not preferable, but you could still make cakes?

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missmeg Posted 13 Aug 2009 , 4:24pm
post #10 of 11

Hmmm...I had to renew in the beginning of July, and was not required to submit any recipes. I did have to list what types of cakes I made, but they accepted a letter stating that I start with box mixes and enhance them, and that I don't use whipped cream or pudding mixtures.

I wonder if I'm going to have to jump through these hoops next year?

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Swede-cakes Posted 14 Aug 2009 , 2:46am
post #11 of 11

I renewed in NH at the end of May, and had to provide a more complete list than last year and included ingredients for each item on the list. I received my renewal w/ a sticky note on it that said I can produce and sell everything on my list but not the creamcheese frosting and I have to take it off my website. My CC is mixed w/ BC to a 2:1 ratio, so I'm going to get it tested for $15 at the lab.

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