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Food Business in New Mexico …

Tags: agriculture business, agriculture economics, assistant professor, college of agriculture, cooperative extension service, ew, extension food, flores, food business, food technology, home economics, lillywhite, nancy, new mexico, rsi, technology specialist,
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Language: english
Created: Wed Feb 2 10:17:55 2005
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                       Food Business in New Mexico                                                                             EX
                                                                                                                                    IC O
                                                                                                                           M
                       Guide E-510




                                                                                                                                           S
                                                                                                                                           TA
                                                                                                                    N EW




                                                                                                                                             TE
                       Nancy C. Flores and Jay Lillywhite




                                                                                                                                           Y
                                                                                                                     U
                                                                                                                       N                       ®
                       Assistant Professor, Extension Food Technology Specialist and                                       IV              T
                                                                                                                                E RSI
                       Assistant Professor, Agriculture Economics and Agriculture Business
                        Cooperative Extension Service · College of Agriculture and Home Economics

                                                                          This publication is scheduled to be updated and reissued 1/10.




Many people dream of owning their own business and              Where are food products made?
marketing a family recipe. How many times have you              To operate a food-processing business in New Mexico,
heard "you should sell this stuff"? Many of the huge            one must have a permit and the product produced in a
food businesses such as Kraft, M&M's/Mars and Bueno             commercial facility as per New Mexico Environment
Foods started as small family enterprises. There are al-        Department (NMED) food service and food processing
ways opportunities for new food products in today's             regulations (7.6.2 NMAC August 2000). Many food
marketplace. This publication outlines the necessary            businesses start out in rented space from a restaurant
steps to move that dream to reality.                            during off-hours or have a small commercial facility on
                                                                their residential property. Others may use an incubator
Who are food business entrepreneurs?                            kitchen that provides the needed equipment and can be
Many food-processing businesses start as a family busi-         rented by the hour. As a company grows, the actual pro-
ness that is vertically integrating from the family farm,       duction of the product is found to be very time con-
or as an expansion of a restaurant. Most food business          suming, and the business owner may want or need to
entrepreneurs are creative types, food artists who enjoy        focus on marketing, promotion or distribution of the
creating new foods and flavors. A food business adds to         product. A co-packer or contract processor has a permit-
the family income that can be a hobby or a major enter-         ted commercial facility that can make large quantities of
prise employing hundreds of people.                             product attractive to a smaller firm because it handles
                                                                larger volumes of product and may reduce cost of pro-
What types of food products are made?                           duction compared to smaller batches.
New Mexico is known for red and green chile peppers
and has spawned many fresh and canned salsa and chile           How can a home recipe be commercialized?
products. There are many other products such as barbe-          So how do you make grandma's recipe into a commer-
cue sauces, pasta sauces and salad dressings that incorpo-      cial success? Success of a food business is gained by hard
rate New Mexico's chile. Breads, cookies and tortillas are      work, good business management, imagination and
mostly sold in local markets including farmers' markets.        faith in your product. The first step is to consider how
Several types of cheese including flavored goat cheese also     the product might compete in the market. What does
are produced in New Mexico. Most New Mexico meat                your product offer to the consumer compared to other
products are custom orders; however, the state of New           products already on the market? A mom-and-pop com-
Mexico has a thriving beef jerky industry. With a good          pany is not enough of a hook to engage a consumer suf-
supply of local pecans, pistachios and peanuts, chocolate       ficiently to purchase a product, especially on a repeat
confections and other candy are well known outside of           basis. A food product must be wholesome, somewhat
the state. Natural and organic teas and herbs are widely        nutritious and offer a consumer an experience that will
available throughout the state. Because of the success of       provide comfort or a change of pace, something excit-
current New Mexico food products, there are many more           ing. Repeat purchases and proper product placement on
opportunities for new innovations.                              grocery shelves become critical to grow the business.




To find more resources for your business, home or family, visit the College of Agriculture and Home Economics on the
World Wide Web at www.cahe.nmsu.edu
Faulty food-business management including miscalcu-            approval of labels before printing. Specific labeling in-
lated marketing schemes and poor distribution are more         formation can be found at:
often the demise of a food company than the merits of             · Food label: www.cfsan.fda.gov/~dmsflgtoc.html
the food product.                                                 · Nutritional food labeling: www.cfsan.fda.gov
                                                                    ~dms/nutrguid.html
                                                                  · Universal product code (UPC): www.uccouncil.org/
COMMERCIALIZING A PRODUCT
Initial product development will consider how the prod-        Questions concerning the labeling of food products
uct will be sold: fresh, frozen, canned, at a farmer's mar-    may also be directed to:
ket, grocery store, direct sales or through food service.      Division of Programs and Enforcement Policy
There are many steps to follow to commercialize a food         (HFS-155), Office of Food Labeling Center for Food
product: safe process evaluation, packaging and labeling,      Safety and Applied Nutrition, Food and Drug Adminis-
business structure, product liability, facilities and equip-   tration, 200 C Street, S.W., Washington, DC 20204;
ment, permits and regulations, food safety and security.       telephone (202) 205-5229.
Each of these factors needs a closer look.

Safe Process                                                   BUSINESS PLANNING AND MANAGEMENT
Once the concept of the food product has been devel-           All successful new businesses require careful planning
oped, the recipe must be evaluated to ensure that a safe       and management. Because businesses that produce and
process is followed. A "Process Authority" must be used        sell food can have a direct effect on public health and
to review the formulation and processing steps of an           safety, they face increased government and consumer
acidified or low-acid product. As defined in the Code of       scrutiny. Food businesses must comply with numerous
Federal Regulations (21CFR113.83 and 113.89), "A               government regulations, making their development, op-
processing authority is a person who has expert knowl-         eration and success even more difficult.
edge of thermal processing requirements for low-acid               Individuals interested in starting a food-processing
foods packaged in hermetically sealed containers, or has       business must gain a general understanding of business
expert knowledge in the acidification and processing of        management issues before beginning a food-processing
acidified foods. Knowledge can be obtained by educa-           business. Additional and more specific information
tion, experience or both. Expert implies experience,           should be gathered from qualified professionals noted in
knowledge and achievement as well as recognition as an         the reference section.
authority on a subject, usually by one's peers. Anyone
who is establishing scheduled processes must have ad-          Business Structure
equate facilities for making the appropriate determina-        One of the first decisions that an entrepreneur must
tions (21 CFR 113.83). Anyone who is evaluating pro-           make when developing a new business is which legal
cesses which are less than the scheduled process must          structure will be used for the business. A number of
utilize procedures recognized by competent processing          business structures should be considered. Each structure
authorities as being adequate to detect any potential          has advantages and disadvantages. Income tax advan-
hazard to public health (21 CFR 113.89)."                      tages are usually cited as a reason to prefer one form
                                                               over another. The assistance of a qualified tax profes-
Packaging and Labeling                                         sional can avoid many headaches and save some tax dol-
Packaging and labeling issues should be thought out            lars. Some of the more common structures used in the
early in product development, because how the product          food processing industry include (Small Business
will be sold--refrigerated or shelf stable--impacts the        Administration, 2004):
packaging container. The size of the label depends on             · Sole proprietorships
the size and shape of the container. A gallon container           · Partnerships
needs more than a 2-inch label. The character font used           · Limited Liability Companies and Partnerships
must be legible and large enough to read from a reason-           · Corporations
able distance. The U.S. Food and Drug Administration              · Cooperatives
(FDA) has requirements for the format or layout of the
label for specific content as specified in Federal Code of     Sole proprietorships. Sole proprietorships are the most
Regulations (21CFR 101.1-101.9). Although FDA does             common form of business structure for small businesses.
not require prior label approval, New Mexico Environ-          A sole proprietorship offers the owner (usually one indi-
ment Department (NMED) and United States Depart-               vidual or a married couple who is responsible for routine
ment of Agriculture (USDA) regulations require prior           operation of the business) complete control of the busi-



                                                   Guide E-510 · Page 2
ness. In reward for their efforts, the proprietor receives all   Cooperatives. Often used by agricultural producers,
business profits, but assumes responsibility for all risks       cooperatives provide a unique business format condu-
and liabilities. This responsibility extends to the owner's      cive to allowing individual producers or processors the
personal assets; that is, the owner has unlimited liability      ability to cooperate. Most cooperatives are organized as
and is legally responsible for all business debts. Both busi-    a special type of corporation (subchapter T) and must
ness and personal assets are at risk under the sole propri-      be chartered within a state. The tax issues are much too
etorship form of business ownership and structure.               complex to deal with in this publication. Common
                                                                 guiding principles for cooperatives include: open mem-
Partnerships. Partnerships, which include general (i.e.          bership with democratic or proportional voting coopera-
normal) partnerships, limited partnerships and joint             tive control, patron provided equity, and net income
ventures, extend ownership from one individual to two            distribution on cost basis through patronage refunds
or more individuals. Partnerships usually require shared         (Cobia, 1989). A relatively recent advancement in coop-
management of the business and should be created with            erative organization is the development of "new genera-
specific agreements regarding the management of the              tion" cooperatives.
business (e.g., how decisions will be made, how profits             New generation cooperatives have several unique
will be distributed, how disputes will be handled and            characteristics that distinguish them from more tradi-
how future growth or termination will be handled). As            tional cooperatives. These characteristics include: deliv-
is the case with sole proprietorships, individual owners




                                                                                                                                                Initial capital
in a partnership are responsible for all company liabili-




                                                                                                            management
                                                                                             organization




                                                                                                                                                                  Continuity
                                                                                                            Control /
ties (relief from this personal liability is found in limited




                                                                                                                                     Taxation
                                                                                                                         Liability




                                                                                                                                                creation
                                                                                             Ease of




                                                                                                                                                                  of life
partnerships). In the case of a general partnership, indi-
viduals may also be responsible for the decisions and
actions of other partners within the business as well.           Sole Proprietorship              +             +           -          +              -

                                                                 Partnership                      +                         -           +           +/-
Limited Liability Companies and Partnerships. A
relatively recent development in business structure is the       Corporation                                               +          -              +               +
development of limited liability companies or partner-           Limited Liability Company                                 +           +              +
ships. These hybrid forms of business ownership com-
bine the advantages of several different ownership struc-        Cooperative                                               +                          +              +
tures. Specifically, they extend liability limitations
(similar to those of a corporation) and maintain certain         Figure 1. Abbreviated summary of business structure
tax advantages of simpler structures (e.g., partnerships).       advantages and disadvantages
Advantages of limited liability companies come with
stipulations; usually limited liability companies may not        ery rights and requirements tied to equity investment,
have more than two of the four primary characteristics           closed or limited membership, higher initial investment
of corporations: limited liability of assets, perpetual life,    requirements and ability to transfer appreciable (and
management centralization and free transferability of            depreciable) stock or delivery rights (Bielik, 2004).
ownership interests.                                                 Specific advantages and disadvantages to each of
                                                                 these forms of business structure can be studied at the
Corporations. A corporation is considered a separate             United States Small Business Administration (SBA)
entity from its owner(s). A corporation can be taxed or          Web site at www.sba.gov. In addition, the SBA Web
sued, it may enter into contractual agreements and it            site provides other important tips for beginning a new
has a perpetual life (its life is not affected by ownership).    business.
Shareholders of a corporation own the business. Man-
agement is generally performed by a shareholder-elected          Business Planning
Board of Directors (who may elect a management team,             In addition to determining the appropriate business or
e.g., president). Benefits of corporate structure include:       legal structure, food entrepreneurs must consider a
limited liability for owners (shareholders), perpetual life,     number of other issues and develop management strate-
ease of ownership transfer and ease of capital acquisi-          gies for each issue. Key among these considerations is
tion. Disadvantages include possible higher taxes (taxes         the implementation of a feasibility study and the devel-
must be paid by corporate entity and by shareholders             opment of a working business plan.
from dividend distribution) and complexities of creation
and maintenance.




                                                     Guide E-510 · Page 3
Feasibility Study. A feasibility study is a companion to      Specific strengths and weaknesses of potential manage-
the business plan (in some cases such as small business       ment should be identified with plans developed to help
ventures, the feasibility study is included as a section      ensure that adequate management skills are provided for
within the business plan). It is a preliminary analysis of    the successful launch of the business.
the product and business idea to determine if the idea is
viable (Reilly and Millikin, 1996). Information gathered      Liability Protection
in the feasibility analysis can be used in the development    Product liability insurance is required of all food proces-
of a formal business plan. A well-executed feasibility        sors by grocery stores and distribution companies. Prod-
analysis will help determine whether or not the product,      uct liability insurance can be an attached rider under a
the market and the entrepreneur's management skills           homeowner's policy. Check with your insurance agent or
and financing will likely combine to create a success.        even online for the best policy coverage (minimum $3
Common elements contained in a feasibility study in-          million) and premium payment. Other types of liability
clude: an assessment of the market, the financial feasibil-   protection to be considered are life insurance, general
ity of the business and potential pitfalls that may be en-    business liability insurance, auto insurance to cover ve-
countered in the development of the business.                 hicles used for business purposes and disability insurance
                                                              for employees. The type of insurance needed may also
Business Plan. A business plan helps lay the roadmap for a    depend upon the structure of business ownership.
new (or existing) business. While plans for different busi-
ness ventures will vary, all business plans should address:   Facilities and Equipment
   · Business description and situation analysis              Building a certified kitchen requires considerable capital
   · Market analysis and planning                             outlay and time investment to ensure that all local, state
   · Financing                                                and federal building codes are followed to ensure a safe
   · Management                                               food processing facility. Commercial food products can-
                                                              not be made in a residential kitchen. A separate room or
   The business description and situation analysis            facility must be built. Wants and needs must be clearly
should provide both the entrepreneur and potential out-       defined when considering a private food-processing
side stakeholders (e.g., partners, financial resource hold-   kitchen. That pretty Mexican tile is beautiful but may
ers, etc.) a concise but complete description of the busi-    be inappropriate for wet floors and cleanability. A state
ness. Included in this section should be a description        of the art mixer with a 100-gallon bowl may be nice but
and an analysis of the current business climate in which      a 20-quart bowl might suffice for the first year or two of
the new business will operate. Much of this information       production. Consider purchasing equipment with pieces
will have been obtained in the development of the feasi-      that can be adapted and changed as the company needs
bility study.                                                 increase. Before embarking on a huge expense, you want
   The market analysis section of the business plan will      to consider all the options available to you especially for
continue with the work previously performed in the fea-       a new venture. Certified commercial facilities or incuba-
sibility study. Specific considerations within this section   tor kitchens are available throughout New Mexico
will include a summary of market research, a detailed         (Table 1) that provide major mid-sized equipment and
analysis of competitors (e.g., identification of competi-     can be rented by the hour. Some of these facilities have
tors, their strengths and weaknesses, etc.), an analysis of   support personnel that can help with recipe develop-
the proposed business (e.g., identification and analysis      ment, safe food processing procedures and marketing
of the proposed business' strengths and weaknesses),          and business plan development. Renting a certified per-
projections of future sales, and proposed strategies relat-   mitted church kitchen or restaurant during off hours are
ing to the business' marketing mix (development of            also options. Many businesses start in rented facilities
strategies relating to pricing, promotion, place and posi-    then move into a private commercial food processing
tioning of the proposed product).                             facility once the business is established. Avoiding large
   The financing segment of the business plan will pro-       investment in facilities and equipment and thus, the
vide a complete and detailed look at financial resources      fixed debt payments that follow, is a major step in man-
the business will require (based on the assumptions and       aging risks and rewards during the start-up phase of a
analysis performed in other sections of the business plan     small business.
and the feasibility study), including owner-supplied
funds and borrowing needs. The section should include         Permits and Regulations
proforma financial statements including income state-         In addition to obtaining a permit to operate a food-pro-
ments, cash flow (budget or forecast) and balance sheets.     cessing facility, each business must have a tax identifica-
   The management section will help outline manage-           tion number from the New Mexico Taxation and Rev-
ment structure and strategy as it relates to the business.    enue Department. A business license may also be


                                                   Guide E-510 · Page 4
needed depending on the town and county location of          Good Agriculture Practices (GAPs). The goal of the
the processing facility. Other permits and regulations       GAP project is to reduce microbial risks in fruits and
depend upon the product. The City of Albuquerque             vegetables by providing educational material for a food
Department of Health inspects food businesses within         safety plan to food producers and educational profes-
the city limits. Table 2 shows examples of commodities       sionals associated with agriculture. This is not a man-
and regulatory agency and required permits. It is impor-     dated program; however, brokers and distributors are
tant to establish a good working relationship with state     asking food producers and processors to pass third-party
and federal regulatory agents and inspectors early in        inspections based on GAP requirements. Information
business and product development. New Mexico De-             can be found at: www.chiletaskforce.org/
partment of Environment has an environmentalist in           otherprojects/tech/gap/GAP_proj.html
every county (Table 3) who is responsible for inspecting
restaurants and food processing facilities. These inspec-
tors have many years of experience and can offer assis-      PUBLIC HEALTH SECURITY AND
tance in meeting building codes and issues with food         BIOTERRORISM PREPAREDNESS
safety and process control. If there are issues with your    AND RESPONSE ACT
product or commodity, the regulators can be helpful in       The events of Sept. 11, 2001, reinforced the need to
bringing things under control quickly.                       enhance the security of the United States. The Public
                                                             Health Security and Bioterrorism Preparedness and Re-
Food Safety and Biosecurity                                  sponse Act of 2002 (the Bioterrorism Act), was signed
There are various systems that are mandated by state         into law June 12, 2002 (entire document can be found
and federal law to improve food safety. All of these sys-    at: http://www.fda.gov/oc/bioterrorism/bioact.html).
tems require careful consideration of the process, facil-    The Bioterrorism Act, section 305, added section 415 to
ity, personnel and protection of the final product. All      the Federal Food, Drug, and Cosmetic Act to include
personnel must be trained, understand the principles of      registration, administrative detention, record keep-
the food-safety plans and must follow these procedures.      ing and prior notice to provide FDA with information
Additionally, these systems require complete documen-        on the origin and distribution of food and feed products
tation and a recall procedure in case of contamination,      and thereby aid in the detection and quick response to
mislabeling or misuse of the product. To fully imple-        actual or potential threats to the U.S. food supply.
ment these systems the product must be tested for pH,
water activity and microbial stability especially in the     Registration of food processing facilities
case of acidified and canned foods, which are considered     The Bioterrorism Act requires domestic and foreign fa-
"ready to eat." Breads and tortilla products must have a     cilities to register with FDA as of December 12, 2003, if
water activity below 0.95 to be unrefrigerated. One or       they manufacture, process, pack, or hold food for hu-
more food safety systems that may apply to your food         man or animal consumption in the United States. The
product include:                                             purpose of registration is to provide FDA with sufficient
                                                             and reliable information about food and feed facilities.
Hazard Analysis and Critical Control Point, or               Registration information also will help FDA to notify
HACCP (pronounced hassip). This is a preventative            facilities that may be affected by the actual or potential
system rather than the typical reactive system such as       threat. Electronic registration via the Internet is pos-
sampling and inspection of food products after manu-         sible: www.cfsan.fda.gov/~furls/ovffreg.html
facturing. Many HACCP principles already are in place            A copy of this form may be obtained by writing to
in the FDA-regulated, low-acid canned food industry          U.S. Food and Drug Administration, HFS-681, 5600
and the seafood and juice industries. More information       Fishers Lane, Rockville, MD 20857, or by requesting
can be found at:                                             the form by phone at (800) 216-7331 or (301) 575-
www.cfsan.fda.gov/~comm/haccpov.html                         0156. Complete the form legibly and mail it to U.S.
                                                             Food and Drug Administration, HFS-681, 5600 Fishers
Good Manufacturing Practices (GMPs). GMPs are                Lane, Rockville, MD 20857, or fax to (301) 210-0247.
operational sanitation procedures for personnel, facility,
grounds and proper maintenance of equipment. These           Administrative detention
practices are basic to any food processing operation and     The Bioterrorism Act authorizes FDA to detain an ar-
are required by law (21CFR110.3). These regulations          ticle of food for which there is credible evidence or in-
are currently under review by the FDA. Complete de-          formation indicating the presence of a threat of serious
tails can be found at:                                       adverse health consequences or death to humans or ani-
www.cfsan.fda.gov/~dms/cgmps.html



                                                  Guide E-510 · Page 5
mals. This authority is self-executing and provides an         Food Technology program. Since 1993, the Extension
added measure to ensure the safety of the nation's food        Home Economics Food Technology program has as-
supply. By regulation FDA has procedures for institut-         sisted food producers in the state by providing informa-
ing on an expedited basis certain enforcement actions          tion on food regulations and with services such as pro-
against perishable foods subject to a detention order.         cess review of acidified foods and analysis for nutritional
For a full explanation of this provision of the                labeling.Food processors receive direct technical
Bioterrorism Act, see: www.cfsan.fda.gov/~dms/                 assisance for product development, labeling and market-
fsbtac21.html                                                  ing of new food products. Please see:
                                                               spectre.nmsu.edu/dept/academic.html?i=706&s=sub
Recordkeeping
The Bioterrorism Act requires the establishment and
maintenance of records for not longer than two years by        REFERENCES
persons (excluding farms and restaurants) who manufac-         Barton, David. "What is a cooperative?" in Cooperatives
ture, process, pack, transport, distribute, receive, hold or      in Agriculture, David Cobia ed. Prentice Hall: New
import food. The records that must be kept by these               Jersey. 1989.
regulations are those that are needed by FDA, identify-        Bielik, Michelle. "New Generation Cooperatives on the
ing the immediate previous sources and immediate sub-             Northern Plains." The Agri-Food Research & Devel-
sequent recipients of food, including its packaging, in           opment Initiative (ARDI) and University of
order to address credible threats of serious adverse              Manitoba online publication. Last accessed on Octo-
health consequences or death to humans or animals. For            ber 11, 2004. www.umanitoba.ca/afs/
complete information see: www.fda.gov/oc/                         agric_economics/ardi/
bioterrorism/records_fs.html                                   Reilly, Michael and Norman L. Millikin. "Starting a
                                                                  Small Business: The Feasibility Analysis." Montana
Prior notice of importation                                       State University Extension Service Publication MT
The Bioterrorism Act requires that FDA receive prior              9510. Community Development E-13 (August 1996).
notice of food imported into the United States, as of          United States Small Business Administration. "Business
December 12, 2003. Previously only the Bureau of Cus-             Planning." Online resource last accessed 10/15/04.
toms and Border Protection (CBP) was notified when                www.sba.gov/starting_business/planning/
foods arrived in the United States. The FDA will use              basic.html
this information in advance of the arrival to review,
evaluate and assess the information and to determine
whether to inspect the imported food. The FDA and
CBP have collaborated on the implementation using
CBP's Automated Broker Interface of the Automated
Commercial System (ABI/ACS), which can be accessed
at: www.cfsan.fda.gov/~pn/pnoview.html


Where to go for additional help:

FDA Starting a Food Business
The primary focus of FDA as a regulatory agency is
food safety so it does not offer financing or business tips
for starting and maintaining a business. However, FDA
offers information on food safety guidelines and regula-
tions it has established that are required for informative
labeling and the safe preparation, manufacture and dis-
tribution of food products. This information is located
at: www.cfsan.fda.gov/~comm/foodbiz.html

The Food Technology program at
New Mexico State University
New Mexico State University responded to a grassroots
stakeholder initiative by developing and implementing a



                                                   Guide E-510 · Page 6
Table 1. Food business incubators.

  Name                           Address                         Phone and e-mail
  Ganados del Valle-             P.O. Box 118,                   (505) 588-7896
   Cocina del Valle              Los Ojos, NM 87551              ganados@cvn.com
  Northern NM Community          921 Paseo De Onate,             (505) 753-8952
  College Commercial Kitchen     Espanola, NM 87532              cgenterprize@yahoo.com
  Questa Artesanos Cocina        Questa, NM                      (505) 586-0443
                                                                 raelvigil@yahoo.com
  Rio Grande Community           1608 Isleta Blvd,               (505) 452-8525
  Development Corporation        Albuquerque, NM 87105           rgcdc@swcp.com
  Taos County Economic           P.O. Box 1389                   (505) 758-8731
  Development Corporation-       Taos, NM 87571                  tcedc@laplaza.org
  Food Center



Table 2. Commodity food products and regulating agencies.

Commodity                        Regulating      Permit                Comments
                                 agency*         issued?
All food-processing facilities   US FDA          Registration          www.cfsan.fda.gov/~dms/fsbtac12.html
                                                                       Required for all domestic and foreign facilities.
Food importers                   US FDA          Registration,         Registration: www.cfsan.fda.gov/~dms/htsguid3.html
                                                 :notification         Information: www.fda.gov/ora/import/ora_import_system.html
                                                 of import
Acidified, low acid              US FDA          No                    Attend Better Process Control School; file FDA form 2541 and
(salsa, green beans, meat                                              2541a to agency w/PA** review.
canned under pressure)           USDA            Yes                   Registration: www.cfsan.fda.gov/~comm/lacf-s1.html
                                                                       Information: www.cfsan.fda.gov/~comm/lacf-toc.html
Acidified, low acid              NMED            Yes                   File application: www.nmenv.state.nm.us/fod/Food_Program/applications.html
(salsa, green beans)                                                   regulation: www.nmenv.state.nm.us/NMED_regs/food/7_6_2_NMAC.htm
formulated foods
Beef jerky                       USDA            Yes                   Product distribution determines regulating agency.
                                 NM LBMI
                                 NMED
Baked goods                      NMED            Yes                   File application.
                                                                       May need to refrigerate depending on water activity level.
Raw                              NMED            No                    ~* Follow Good Manufacturing Practices (GMP):
(fresh produce, honey,                                                 www.cfsan.fda.gov/~lrd/part110t.html
dried chile,unprocessed nuts)                                          www.cfsan.fda.gov/~dms/selfinsp.html
                                                                       Weights and measures: www.nmcpr.state.nm.us/nmac/parts/title21/21.016.0005.htm
                                                                       Labeling regulations: www.cfsan.fda.gov/~dms/flg-toc.html
Fresh/frozen meat                NM LBMI         Yes                   File application; inspection during processing.
                                 USDA
Fresh/frozen seafood             US FDA          Yes                   File application: www.cfsan.fda.gov/~dms/qa2haccp.html
                                 NMED
Restaurant/mobile unit           NMED            Yes                   File application
Water/ice plant                  NMED            Yes                   File application
Dairy, milk, cheese              NMDA            Yes                   Information: nmdaweb.nmsu.edu/Statutes/SCS/Csb/dairyact.htm
                                 US FDA                                HACCP: www.cfsan.fda.gov/~comm/haccpdai.html
Eggs                             NMDA            Yes                   nmdaweb.nmsu.edu/Statutes/SCS/Csb/egg.htm
Organic processed foods          NM COC          Yes                   3-year certification process
                                 NMED                                  file application

*Regulating agencies: U.S. FDA =U.S. Food and Drug Administration; USDA =U.S. Department of Agriculture; NMED=NM Department of Environment;
 NM LBMI=NM Livestock Board and Meat Inspection; NMDA = NM Department of Agriculture; NMCOC =NM Certified Organic Commission.
**PA = Process Authority; FDA form 2541 is "Food Canning Establishment Registration"; FDA form 2541a is "Process Filling for all Processing Methods
  except Low-Acid Aseptic."
~* All food-processing facilities must follow GMP, weights and measures and labeling regulation.




                                                                Guide E-510 · Page 7
Table 3. NM Department of Environment- contact information for environmentalist
     City                      Address                      Phone*         Fax*                E-mail

 Alamogordo            411 Tenth St., Rm. 106              437-7115       434-1813   david_kirby@nmenv.state.nm.us
                       Alamogordo, NM 88310
 Albuquerque           4131 Montgomery Blvd., NE           841-9450       884-9254   salomon_romero@nmenv.state.nm.us
                       Albuquerque, NM 87109
 Carlsbad              406 N. Guadalupe                    885-9023       887-9283   felix_carrasco@nmenv.state.nm.us
                       Carlsbad, NM 88220
 Clovis                100 Manana Blvd., Unit 3            762-3728       769-2527   william_anderson@nmenv.state.nm.us
                       Clovis, NM 88101
 Deming                805 Cody Rd.                        546-7559       546-6430   charles_lynch@nmenv.state.nm.us
                       Deming, NM 88030
 Espanola              705 La Joya St.                     753-7256       753-1840   barbara_kitay@nmenv.state.nm.us
                       Espanola, NM 87532
 Farmington            724 W. Animas                       327-9851       326-3747   david_tomko@nmenv.state.nm.us
                       Farmington, NM 87401
 Gallup                306 S. Fifth                        722-4160       863-2664   david_tomko@nmenv.state.nm.us
                       Gallup, NM 87301
 Grants                1212 1/2 Lobo Canyon Rd.            287-8845       287-3415   david_tomko@nmenv.state.nm.us
                       Grants, NM 87020
 Hobbs                 726 E. Michigan, Ste. 165           393-4302       393-0906   don_byers@nmenv.state.nm.us
                       Hobbs, NM 88240
 Las Cruces            1170 N. Solano, Ste. M              524-6300       526-3891   marylou_lacasse@nmenv.state.nm.us
                       Las Cruces, NM 88001
 Las Vegas             505 E. National Ave., Ste. 3&4      425-6754       425-6604   chris_cudia@nmenv.state.nm.us
                       Las Vegas, NM 87701
 Los Lunas             1000 Main,                          841-5280       841-5284   salomon_romero@nmenv.state.nm.us
                       Burroughs Bldg., 16B
                       Los Lunas, NM 87031
 Raton                 1243 S. Second St.                  445-3621       445-3376   florence_higgins@nmenv.state.nm.us
                       Raton, NM 87440
 Rio Rancho            224 Unser Blvd., NE Ste. B          892-4483       892-4816   salomon_romero@nmenv.state.nm.us
                       Rio Rancho, NM 87124
 Roswell               1243 S. Second St.                  445-3621       445-3376   john_wells@nmenv.state.nm.us
                       Roswell, NM 87440
 Ruidoso               1914 W. Second Street.              624-6046       624-2023   jack_king@nmenv.state.nm.us
                       Ruidoso, NM 88201
 Santa Fe              #4 Calle Medico                     827-1840       827-1839   sandra_jacquez@nmenv.state.nm.us
                       Santa Fe, NM 87505
 Silver City           1302 E. 32nd St.                    388-1934       388-3258   rock_vendrely@nmenv.state.nm.us
                       Silver City, NM 88061
 Socorro               336 6th St., Box 14                 835-1287       835-3119   salomon_romero@nmenv.state.nm.us
                       Socorro, NM 87801
 Taos                  1215-B Gusdorf                      758-8808       758-9851   william_king@nmenv.state.nm.us
                       Taos, NM 87571
 Tucumcari             113 W. Center                       461-1671       461-1865   david_peacock@nmenv.state.nm.us
                       Tucumcari, NM 88401

* All area codes 505




                                                        Guide E-510 · Page 8
                                                                                           Product placement
                       Market assessment                                 Product           Recipe & process
                       Financial costs                                 Development         evaluation
                                              Feasibility                  and
                       Potential pitfalls &                             Evaluation         Package and label
                                                study
                       liabilities                                                         Food safely plan:
                                                                                                   ,
                                                                                           HACCP GMP GAP  ,


                                                            Business
                                                             plan
                                                                                     Facilities &     Permits &




Guide E-510 · Page 9
                                                                                     equipment        regulations

                                              Situation analysis
                                              Market analysis & plan
                                              Financing and management
Starting a Food Business Checklist:

  Business planning and management
    Feasibility study
    Business plan:
       situation analysis
       market analysis and plan
       financing and management

  Product evaluation
    Product placement in market: refrigerated, frozen or shelf stable
    Recipe or formulation evaluation
    Process evaluation
    Packaging and labeling
    Food safety plan: HACCP, GMP, GAP

  Liability protection
     Product liability insurance
     Business liability insurance
     Employee disability
     Life insurance

  Facilities and equipment: private, contract
  packager or kitchen incubator
    Permitted facility
    Local, state, federal building codes followed
    Well maintained, working equipment

 Permits and regulations
   Local, state, federal applications
   Bioterrorism Act: registration, record keeping, prior notice
   Food processing permit: operational plan, label approval
   Tax identification number




                                           Guide E-510 · Page 10
 NOTES




Guide E-510 · Page 11
                                                    NOTES




New Mexico State University is an equal opportunity/affirmative action employer and educator. NMSU and the U.S. Department of
Agriculture cooperating.
January 2005                                                                                             Las Cruces, NM
                                                  Guide E-510 · Page 12                                               3C