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Q: Baking at Home and Selling to Restaurants ( Answered 5 out of 5 stars,   2 Comments )
Question  
Subject: Baking at Home and Selling to Restaurants
Category: Business and Money > Small Businesses
Asked by: lstein0-ga
List Price: $5.00
Posted: 09 Aug 2002 11:22 PDT
Expires: 08 Sep 2002 11:22 PDT
Question ID: 52670
Maricopa County, Phoenix, Arizona. I would like to bake in my home and
sell to restaurants. What are the requirements for this with regards
to licensing, inspections, health codes, etc. An online source of the
information would be great, but I would like a synopsis in the answer.
Please ask for clarification if required. Thank you.

Request for Question Clarification by digsalot-ga on 09 Aug 2002 21:30 PDT
Could you please clarify just how far you are willing to go in
starting such a home business?  It will make a difference in the
answer whether you will be turning it into a regular business or
whether it is a "hobby that pays."

If you are going to be baking on a regular basis for restaurants, in
most states separate kitchen facilities are needed for a licensed
"home food processing" business.  A person who is just beginning may
prefer to rent kitchen space from a church or other facility rather
than go for the expense of a second kitchen in the home.  Even for an
unlicensed business it may be necessary to improve facilities to meet
state or local guidlines.

Clarification of Question by lstein0-ga on 10 Aug 2002 01:20 PDT
I am wanting to turn it into a regular business, once I get it off the
ground. The reason I posted this question was because I was in the
process of making samples when I realized that I probably shouldn't
even be distributing those samples from my 'home' kitchen. I wonder if
the requirements differ based upon volume? Nonetheless, once I get it
going, I will then find permanent space for a kitchen, somewhere NOT
in my house. Thank you.
Answer  
Subject: Re: Baking at Home and Selling to Restaurants
Answered By: digsalot-ga on 11 Aug 2002 08:21 PDT
Rated:5 out of 5 stars
 
I'm afraid that Maricopa County is no different than anyplace else in
the country (or the industrialized world for that matter).  In other
words, there is a pile of rules, regulations and red tape to swim
through.

I will try to hit the basics here and have emailed questions to
Maricopa County for some other pieces of information.  Since this is a
week end, I'm not expecting any answers from there before tomorrow at
the earliest.

First, you would qualify as a "food service worker" under local law
and would need a food server license.
( http://www.maricopa.gov/envsvc/ENVHLTH/FDWKR.asp ) - - " Food
service worker licenses are required for any person who handles,
prepares, serves, sells or gives away food for human consumption,
including those whose duties are restricted to busing or washing
dishes. The rule does not apply to workers in facilities that handle
food or beverages exclusively in a closed package or container. New
workers must obtain their licenses within 30 days." - - The only
exception, as you see, is for operations that handle exclusively
closed containers.  Since the baking process would not fall under such
an exemption, you will need your license.

When the time comes that your growing business adds employees, they
will need to meet the minimal food worker licensing as well.

Since you mentioned you were creating samples, I'm afraid you would
still fall under the above as it includes food that is given away. 
You were right on the button wondering about whether you should
distribute samples from your home kitchen.  Though I'll gladly accept
any you may want to send my way.

Food Service Worker license testing sched:
( http://www.maricopa.gov/envsvc/ENVHLTH/FDWKR/fht.asp )

Now the butter frosting on the above requirement gets a little
thicker.  (same web page as above) - "In 1998, Maricopa County adopted
a change to its food code requiring all food establishments handling
open, potentially hazardous foods to have at least one licensed
Certified Manager who has undergone more extensive food service
training. The deadline for meeting this requirement was January 1,
2000. New establishments must meet the requirement within 90 days of
opening." - - If you are going to start out as a one person operation,
you will probably need the above advanced licensing also.  You will
also find that Maricopa County has no program to teach what you need
for the advanced licensing, you must find instructors in the private
sector.

This list is of private concerns which offer such instruction.
( http://www.maricopa.gov/envsvc/ENVHLTH/FDWKR/mci.asp )

When you propose a food service operation, you must submit a plan for
approval.  This page deals with restaurant and food service
establishments.  One of the emails I sent has to do with just how much
of this would apply to you.  But I would recommend reading all of it
just in case.
( http://www.maricopa.gov/envsvc/ENVHLTH/planrev.asp )
The contact list at the bottom of this page is the one I used for my
email.  Should you wish to do the same, at least there will be
continuity in those who are answering our questions.  I emailed the
secretary.
You can also read through a sample application.
( http://www.maricopa.gov/envsvc/ENVHLTH/PLANS/sampapp.pdf ) - it is
in pdf format.  The sample includes a listing of fees including those
charged for non-restaurant types of food establishments.

I have given just a basic synoposis of what is required.  As per your
request to have a good online source, the material above and all
quotes are from Maricopa.gov - ( http://www.maricopa.gov/ ) where you
will find additional information including inspection and health codes
as well as food law for the state of Arizona.  Much of it is in pdf
format, so if you don't have Acrobar Reader, you will need one.  It
can be downloaded for free at this website.

Of course there are the normal business requirements which do not
apply just to food preparation such as required county, city or state
licensing and tax permits.  Much of that information is covered in the
same website.

Search was with Google
Key terms - home business law arizona, maricopa county health
ordinances, food service arizona, maricopa county code

If you need any clarifications, please ask.

Cheers
digsalot

Clarification of Answer by digsalot-ga on 15 Aug 2002 09:19 PDT
I received a response from Maricopa county.  While she didn't answer
the question, she does provide the phone number of the Manager Dan
Queen.  She also CC'd a copy of the response to him so that he might
know what you will be asking if you make the call.

Subject: 
        RE: Food preparation
   Date: 
        Tue, 13 Aug 2002 08:07:53 -0700
   From: 
        Donna Martinez - ENVX <DMartine@mail.maricopa.gov>
     To: 
       *************************************************
    CC: 
        Dan Queen - ENVX <DQueen@mail.maricopa.gov>, Karen Reno - ENVX
<KReno@mail.maricopa.gov>




**********, please call the Manager, Dan Queen at 602-506-6986 as I
cannot answer your questions.  These are technical questions.  Thank
you.

-----Original Message----- 
From:************************* 
Sent: Sunday, August 11, 2002 6:58 AM 
To: dmartine@mail.maricopa.gov 
Subject: Food preparation 


Hello - I was wondering how much of the restaurant approval procedure
would be needed for a home based business preparing baked goods for
sale
to restaurants or even if such a type of business would even be
permitted?

The home baking itself would involve only the preparation of initial 
samples with the actual baking for the ongoing business being done in
an
approved kitchen facility outside the home.  Would one be in violation
of the law by even passing out the samples? 

Thank you for your consideration
lstein0-ga rated this answer:5 out of 5 stars
Even though there is no definitive 'answer' posted here, the
information to get the answer has been thoroughly researched and
provided to me. Digs is great with follow-up, would highly recommend
to anyone. Thanks so much!!! I'm off to call 'Dan' and to bake some
items, hopefully!

Thanks again.

Comments  
Subject: Re: Baking at Home and Selling to Restaurants
From: digsalot-ga on 13 Aug 2002 14:27 PDT
 
It is now Tuesday and I'm still waiting for a reply to my email to
Maricopa County.  If I do not hear anything tomorrow, I will try
again.
Subject: Re: Baking at Home and Selling to Restaurants
From: lstein0-ga on 15 Aug 2002 17:58 PDT
 
I've spoken to Dan Queen. Absolutely no baking at home for anything
other than personal consumption.

I posted this in case anyone was curious.

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