Navigating Food Regulations and Compliance for Growing Brands

Most food brands don’t fail because of taste, they fail because of complex compliance regulations.

Why complying to regulations matters

Rules start getting more strict as brands – especially food brands – start growing. Retailers like Target and Whole Foods require proof of food safety plans before accepting new brands. Understanding the basics in food scaling makes scaling-up a smooth process, avoiding recalls and complications. 

Understanding Regulators

Understanding who regulates what can be confusing, especially to new business owners. Essentially, the FDA regulates most packaged goods, which is mainly what Scale-Up Foods specializes in. Second, the USDA regulates products such as meat, eggs, and poultry. Lastly, your state handles all licensing and kitchen inspections.

FSMA - Most Important Law

FSMA stands for the Food Safety Modernization Act. This is a federal law that enforces food safety standards in efforts to prevent foodborne illnesses. 

It requires planning ahead by making sure that:

• Companies register with the FDA

• Companies have written food safety plans

• Companies identify risks and prevent them

Labeling Rules

Labeling mistakes are the leading reason for product recalls.

The FDA food labeling guide states that:

• Labels must include nutrition facts, an ingredient list, and allergen statements

• Claims such as “low sugar” and “organic” have strict guidelines

Labels aren't just design, they're legal documents.

Good Manufacturing Practices

Good manufacturing practices (GMPs) exist to explain the basic rules to running a clean and safe food facility.

They include statements such as:

• Cleanliness, employee hygiene, equipment maintenance, and pest control

• Facilities must keep records to prove their compliance

• GMPs apply to every food business, no matter the size

GMPs are essentially the “common sense” rules for a business regarding cleanliness and safety.

Minnesota-Specific Requirements

Minnesota is strict about food safety, and growing brands must have the appropriate licenses to operate.

The Minnesota Department of Agriculture states that: 

• Businesses need a Food Handler/Manufacturer Licence

• There are Cottage Food Laws for home-based producers, but these don't apply to scaled companies

• Facilities must pass regular inspections

Common mistakes

Compliance issues are predictable, but easily avoidable.

Most common faults:

• Labeling issues

• Companies forget to register with the FDA

• Traceability problem due to inconsistent batch records

• Improper barcodes

Even small errors can stop a company from getting their product on shelves.

Important Steps

The most practical steps to staying compliant include:

• Having annual label reviews (Required by FDA)

• Having written food safety plans and proper employee training (Required by FSMA)

• Having adequate traceability (Required by Retailers)

This ensures that there will be minimal errors in the scaling process.

Compliance isn’t just about avoiding trouble, it's an essential part of gaining a retailer’s trust to get your products on shelves.