Forum Activity for @Sebastian

I think you'll find those topics have been answered a few times here.  I'd urge you to do some exploring in the forum archives 8-)

Hello, hello @Mattworks -

I went through quite a bit of labeling designs and guidelines under the scrutiny of lawyers and I'd love to pass on just a few tid-bits for where we got caught up so you don't make the same mistakes.

I'm sure there are brands that violate these, but this is what our lawyer caught.

Be careful using the word "with" as in chocolate "with" almonds as this has a special 10% of DV meaning to the FDA and most inclusions don't have a DV level. You can use "and" instead.

In packages with multiple pieces the minimum serving size for chocolate is 32 g. This means if you have a 14 g piece, your serving size is 3 pieces. Only way around this is to package them for individual sale.

For calories- you must round to the nearest 10 calories for values over 50 calories.

Be very careful on any claims on packaging and also your certification strategy. I believe you can be over certified which throws up a lot of red tape and may not even matter to your customers.

If interested in having your packaging reviewed reach out to:

Evelyn Cadman
Principal Consultant
303-432-1605
www.BioTransApp.com
www.FDALabels.com

It's expensive but if you are doing large runs of packaging it's worth it.

Of course as Clay said, if you are under $100k in revenue you will be exempt/ overlooked for a lot of these regulations.

I'm seeing that most used are heat seal, is it an issue?

[quote="Clay Gordon"]

A flow wrap machine uses rolls of film.

[/quote]

Is cold seal most recommended? 

I want to ask a tricky question/issue:

If you dig inside the "bean to bar" or artisan small scale business (or even some big manufacture chocolate producers) you find two main different kinds of ways to give a special taste to the chocolate (not infusion):

1. mixing additional fat in chocolate: coconut, sesame, hazelnuts and more (even whole milk powder)

2. additional ingredients that not including fats: non fat powder milk, spices etc

After this small briefing I have two questions:

1. How the non-fat ingredients effect tempering? for example if I put skim milk powder how it will affect?

2. As I know, as a rule of thumb more then 5% additional fat will affect tempering, what is your experience with addinal fat?

I would like to hear your opinion,

Thank's

Could someone explain in detail how to obtain a sugar coating on the outside?

what the exact ratio of sugar glucose etc and the right temperature? 

Also I would like to create the stone pebble effect too if thats possible.

Here are some awesome panned nuts 

/www.dragees-adam.fr/

www.muccigiovanni.it/

especially the muccigiovanni line is awsome

Perhaps they will now develop new packaging and labels to go with the new factory?

Clearly, flying 'close to the Sun' is their business model?  Not a good idea if your a chocolate maker or any kind of food company,  but actually MB aren't the only ones,  just apparently one that's blatant in terms of dodging some of the requirements?  

All fun and games, until someone suffers a serious allergy issue or there's a State / Federal recall issued as part of investigation of a food borne illness /allergy complaint. 

If I was a potential investor in this business or any other craft maker, I'd have required FDA label compliance as part of the due diligence before funding an operation that is designed to produce millions of bars and place them in interstate commerce.  In particular, as I know having purchased a very expensive policy that liability / recall insurance doesn't cover a claim if selling misbranded / mislabeled goods and most knowledgeable retailers wouldn't be prepared to stock the products either.

More generally, I'd question how many craft chocolate makers making and selling in the USA are fully FDA compliant?    I suspect there are a few that aren't and probably don't even know they are required to register with FDA etc?   The lack of funds for Federal agencies like the FDA means they don't do proactive enforcement, their model for food related issues is to come in after the problem and tackle GMP and other issues that relate to food safety.   Not likely to change anytime soon, so many firms just carry on as usual,  knowing the risk of action is rather low absent a consumer or public health complaint.

Mark -

The way the rules have been read to me is that a product can be equated to a recipe. a 70% Dominican is one product, a 70% PNG another, and an 85% Dominican a third.

With respect to units, a 200gr bar counts as 5, 40gr bars. So 100, 200gr bars counts as 500 units because of the 40gr unit's availability. With 25+ grinders in NYC alone making as much as 80MT of chocolate/year, that's over 2,000,000 units/year. Assuming fewer than 20 recipes/products, then many if not all of them should be sporting nutrition labels - from the NY factory alone. Add in London (as is required by law) then pretty much everything should be.

Any way you look at it, it seems obvious that the MB should no longer eligible for the small business exemption. And it seems likely that they should not have been eligible to apply for the exemption that expires in 2016, but did so, anyway.

To me, this seems to be a continuation of the same arrogant, "The rules don't apply to us. Because, Mast Brothers." attitude that led them to be less-than-forthcoming about melting Valrhona early on. There is no reason why they cannot (and should not) be in compliance with the labeling laws today because they clearly have the financial resources to do so; compliance would not unduly burden them. Whatever their attitude towards openness and transparency (right?) it does not appear to extend to proper labeling. They could lead by example - do the right thing just because it's the right thing to do. But they still choose not to. 

One theory? The nutrition labels "ruin" the aesthetic.

What's up with that, anyway? 

As we both wrote Organic on the Front LABEL.... Certification required.  Apparently for the  FDA ingredient panel only: something like:    Cacao*, Cane sugar*,  Cocoa Butter*      *organic  is acceptable..... However,  it's not much of a marketing hook printed in 1/16" type on the back of bar and you can't mention 'contains organic ingredients' on the rest of the packaging.    

The cost of certification might be something to investigate, think you will find it may not be as expensive as you think, but does require good record keeping and annual inspection in most States.

I have an update about my Organic Ingredients question. I contacted www.ccof.com to inquire about oOrganic certification and they told me I did not require certification for what I want to do. I quote from their email response:

"If all you want to do is list the organic ingredients in the FDA-required ingredient list, and not use the word organic anywhere else on your label, you do not need to be certified."

This is what I thought and was surprised by County Health Department when they told me I could not. 

The warranty is not transferable. The machine is in mint condition.

These have been discontinued by the CK a while back and nobody seems to make a bar mold like it.  We will buy whatever number you have.  ilya@luvicecream.com

 90-5707 mold.JPG.jpg - 706KB

Thomas, I think the advice you were given by CDPH is correct. Specifically: Organic Chocolate is regulated food product in California, rules enforced by CDPH,  think you will find if your gross sales are over $5000 and you have organic in your label (even made with organic...) you are required to register  see:

ORGANIC OVERSIGHT - LAWS AND REGULATIONS:

Laws relating to the handling of organic foods are codified in the federal Organic Foods Production Act of 1990, the California Organic Products Act of 2003 (COPA), and the National Organic Program (NOP) Regulations (which California adopts).

The California Department of Public Health (CDPH) and the California Department of Food and Agriculture (CDFA) work cooperatively with the US Department of Agriculture (USDA) to enforce the organic regulations within California.  CDPH oversees processors and handlers of organic food, pet food, and cosmetics, and CDFA oversees organic agricultural production, milk and dairy food processing, meat and poultry processing, and retail organic production activities.

If an operation’s annual gross sales of organic food is greater than $5,000 they are required to obtain certification from an accredited third party certifier, who will verify the sourcing of the agricultural inputs, verify the organic content of processed products, and ensure that operations are conforming with NOP regulations

Organic is a term that indicates that the food or agricultural product has been produced using sustainable practices and without synthetic fertilizers, sewage sludge, irradiation, or genetic engineering.  Products may be labeled “100% organic”, “organic” or “made with organic.” 

Food products labeled as “100% organic” must consist entirely of organic ingredients; food products labeled “organic” must consist of 95% certified organic ingredients; and food products labeled “made with organic” must contain at least 70% certified organic ingredients (minus water and salt).  Food products containing 95% or more organic content may use the USDA Organic Logo on their product labels or advertising.  Unless exempted or excluded under the National Organic Program (NOP) rules, all organic food products must be certified by an accredited certifying agency (ACA), and the ACA must be identified on the product label.

Does one need to be Organic certified in order to note an ingredient as Organic? I know you have to be certified to say 'Organic' or 'Made with Organic Ingredients', or use the USDA Organic symbol on the front label. I thought anyone can list an ingedient as Organic if the ingredient is certified. I'm in California and have been told by someone at the health department that I can't unless I'm certified. Although I have seen other chocolates labeled this way and I do not think they were certified producers. I've read lots of info on the FDA website and it seems to me that I should be able to do so. However, California has its own Organic certification as well. Just thought I would post the question here in case anyone on this forum knows. Thanks.

Interestingly, the Mast Bros have an FDA exemption filed which expires 11/05/2016.

The current FDA guidance pasted below, as I thought it might be interesting to some, actually raises some other questions.... Retailer exemption,  versus small wholesaler and product type.

Upon reading the rule it appears that sales of more than 100,000 units per year triggers a requirement for the mandated labeling.   A lawyer specializing in FDA regs could perhaps argue that each type of bar warrants an exemption as a different item, but personally I think knocking out several hundred thousand bars a year under the same brand name is probably the point at which you will need to start nutritional labeling.

Section 403(q) of the Federal Food, Drug, and Cosmetic Act requires that packaged foods and dietary supplements bear nutrition labeling unless they qualify for an exemption.

Title 21 of the Code of Federal Regulations (21 CFR) 101.9(j)(1) and 21 CFR 101.9(j)(18) outline the requirements for a small business nutrition labeling exemption for foods. The small business nutrition labeling exemption requirements for dietary supplements are outlined in 21 CFR 101.36(h)(1) and 21 CFR 101.36(h)(2).

The nutrition labeling exemptions found in 21 CFR 101.9(j)(1) and 21 CFR 101.36(h)(1) apply to retailers with annual gross sales of not more than $500,000, or with annual gross sales of foods or dietary supplements to consumers of not more than $50,000. For these exemptions, a notice does not need to be filed with the Food and Drug Administration (FDA).

The nutrition labeling exemptions for low-volume products found in 21 CFR 101.9(j)(18) and 21 CFR 101.36(h)(2) apply if the person claiming the exemption employs fewer than an average of 100 full-time equivalent employees and fewer than 100,000 units of that product are sold in the United States in a 12-month period. For these exemptions, a notice must be filed annually with FDA.

If a person is not an importer, and has fewer than 10 full-time equivalent employees, that person does not have to file a notice for any food product with annual sales of fewer than 10,000 total units.

A "product" is a food or dietary supplement in any size package; which is manufactured by a single manufacturer or which bears the same brand name; which bears the same statement of identity, and which has similar preparation methods.

A "unit" is a package, or if unpackaged, the form in which the product is offered for sale to consumers.

A "firm" includes all domestic and international affiliates.

That's a lot of chocolate bars, estimating they will need to shift at least 35,000 bars a month to generate that sort of gross profit, let alone get a return on investment.  The FDA annual sales cut off  for labeling exemption is $500k total, I believe.  Clearly, as you mention the turn over is going to be way above.  Actually, the MB aren't the only US based craft maker ramping up sales volume.  Resultantly, I'd predict that all craft makers can increasingly expect FDA enforcement action on misbranded / deficiently labelled product, particularly if any food borne illness or undeclared allergy issues occur.  

The 2016 introduction of the FDA's FSMA act brings us all further into their viewfinder, even small firms will need to take steps to implement the required sourcing controls in 2017 - 18. The FSMA was in part a response to salmonella outbreaks (all be it salad and peanut related) but given that raw cacao is an imported item that can be be a source of salmonella sp.,  we will need to deal with the requirements of the FSMA.   

Interestingly, MB  also now make / sell bars in my old home town, London UK.  The existing EU labeling rules would apply to them in the UK I assume?   Don't craft makers in the UK have to label per EU rules?   Anyone bought a MB UK bar recently, does it have the required nutritional / allergy and best by info I wonder?  

For point of reference, I'm looking at some Willie's Cacao bars my wife brought me home from a recent UK trip, full ingredient and nutritional panel / allergy warning and production lot date and best by date.    Isn't this minimum required?   

Thoughts / comments

The Selmi One was just ordered and received a few months ago, and the Plus is just over a year old. The Selmi One is a Single phase, and the Plus is a Three phase with a converter that we purchased. Both machines work beautifully, look perfect, and have never had a problem. They both come with their detachable vibrating tables.

Sale Prices:

Selmi Plus - $12,500 (includes converter)

Selmi One - $8,900

Contact olivia@bkchocolate.com if you're interested or have any questions.

Is the warranty transferable?

It is. I'm in Portland OR. Give me a call @ 503-896-0614

Hi Steven, is the EZTemper still available? If so, where are you located? Thanks. Quinn.

Hello Jean,

Yes the multiSPRAY and volumeSPRAY can be used to spray on large pans, avoiding waste of material and saving time, compared to brushing or other methods.

Our volumeSPRAY also comes with a suction tube extension, that can provide a direct feed from a large floor container.

Hope this helps but if you have any further questions, just let me know.

Kind regards,

KREA Swiss

I'm not an expert on food safe materials but my understanding is: A material is food safe if it does not react or leach unsafe chemicals, or unsafe levels, into the food. For example, Food cans are coated on the inside with a food safe material so that the contents do not react with the metal can. Otherwise, one would not only ingest the food, but also some of the elements of the can itself. Here's a link to some info by the FDA: http://www.fda.gov/Food/IngredientsPackagingLabeling/PackagingFCS/ucm064166.htm.

This discussion brings up a question I have had for a long time:  What exactly determines if a container or a substance is food-safe?  What, for example, makes polycarbonate molds food-safe?  Stainless steel bars used for slabbed ganaches?  One food wrap vs. another?  A plastic sold as a tablecloth vs. a similar plastic sold as a tarp?  In the particular question in this thread, why would the tin not be food-safe?  I have not been able to find definitive information on this topic.

Clay - Thanks so much for your time and answer! Good question about the tin...I'll have to think on that one. 

Thanks again for your feedback, much appreciated!

The Bros  announced that they're leasing 65,000 square feet inside the Brooklyn Navy Yard’s $68 million Green Manufacturing Center. [ Gothamist got it wrong, saying that the Bros had signed a 68 million dollar lease. ]

Anyone have thoughts on what this means for the craft bean-to-bar chocolate community? 

The 6,000SF DTLA factory is not quite ready to rock, as apparently they don't have all the permits necessary to start production. I did a back-of-the-napkin calculation based on the number of grinders I could see in the photos posted on the Instagram account for their launch party, estimated salaries for the number of employees reported (about 15), and a reasonable ground rent based on comparables in the Arts District , and it looks like they need to generate a gross profit  (not gross sales) of north of $100k/mo to break even.

The investors have deep pockets and a corresponding appetite for risk. I wonder if they realize that they no longer qualify for the FDA small business nutrition labeling exemption and will act accordingly. I know it doesn't match their design aesthetic, but that's not an argument/excuse.

If there were just a few errors in grammar and translation it would be one thing. But the errors appear on every page, often many times on the same page.

But, far more troubling are the factual errors and the editorial inconsistencies that are present throughout the book.

You may like and enjoy the book and find it useful. I won't say anything to negate your experience of the book. I am sharing my impressions and insights that (as a published author) it's really hard to do a book at this scale with very little help. The results show that there was very little help, and the book - and the chocolate community - suffers from that lack. 

Your suggestion worked great, the grit went away from just a short time of grinding. Thanks

24" Diameter Stainless Steel Revolving Pan in excellent condition for $ 2500.00. 

Easy to use for panning fruit or nuts in chocolate.

 Revolving-Pan-Web.jpg - 31KB

Cat -

Perfectly acceptable to put product in a food-safe inner bag inside an outer pack that is not.

One question might be how non-food-safe the tin is because people might empty out the contents of the inner bag into the tin once opened.

I know people who think highly of PBW - professional brewers wash - from Five Star Chemicals.

Looks like your chocolate is not properly crystallized plus no adequate cooling. Do you put your molds in the cooler? That is important to complete the crystallization. 

Thanks for the feedback, everybody!

Since my first query, I've adjusted my methods a bit.  I am making small batches (6-8 oz) at a time to test flavors, because I did not have a large amount of chocolate to use until today. Thankfully I've finally set my wholesale account up, and am ready to go. I am now using guittard organic chocolate wafers. Today's experiments are with a 66% cacao. 

I put each bowl (with micro doses of flavor oils) over warm water, so that the chocolate would not fall out of temper, and made sure to warm my tools for each batch as well. I mixed as well as possible... I did see just a little bit of streaking in some of the batches, but no bloom so far! I let them set in a room which was cooler than mine. The milk I made yesterday, one of the moulds did have some bloom, so I've got to go back and re-mould one variety. I did not add any additional fats, as my extraction team has told me that I shouldn't need to activate my cannabis oils before adding to the chocolate, hooray for one less step.

One of my issues was the baffle for the Chocovision Rev V... the temp I was receiving from the machine was 2-4 degrees off of what both digital & analog thermometers read. I am using the "holey" baffle and it seems to be better. The tempering machine company is sending me a replacement baffle.

Today I started out with a floor model air conditioner, which I have positioned in front of the speed rack where I am now able to set my chocolates. This makes a huge difference in the ambient temp of the room already... from 75* yesterday to a balmy 69. Also the fan is blowing the cool air right over the moulds.

I think some of my problem was also in relation to my moulds being a little bit dirty. I have since bought several soft paintbrushes and am double-washing them with Dawn dish detergent. 

What dish detergent/soap do yous guys prefer?

Again, thank you for the feedback and troubleshooting help. 

Hey folks- Thinking about new packaging and wanted to run a question by the forum to be double certain. I'd like to pack panned choc in FDA approved food contact safe compo-stable "plastic" bags. These bags would then be put in a tin that IS NOT food safe... and then sealed. I figure it's ok as long as the choc doesn't come in contact with the tin...just the bag. Does anyone see any problems with this idea?

Thanks so much for your time!

It makes sense, thanks for your input.

How many molds do you have?

We will take them off your hands

- Ilya

ilya@luvicecream.com

Chocolate inside the grinder would make the mass flow, and get sugar under those wheels. This is a "wet-grinder", after all. To get fine sugar without additions you would need another kind of mill.

I usually can get most of the chocolate out with a spatula while it's still warm, taking out only the wheels.

Yes, I wanted to powder the sugar so when I used it in chocolate it would take away the grit but it didn't work so am asking if there is a better way. I would prefer not to grind the chocolate and sugar in my grinder because I know chocolate is fairly hard to clean in it as the drum is not removable. I would rather do chocolate batches in my tempering machine as it is much easier to clean after the batch is complete as every part is removable and doesn't weigh 200 pounds. Plus if I did chocolate in the grinder I would then still need to put it into the tempering machine anyway as well.

If there are any suggestions please let me know or would it be best to just process the chocolate and sugar together in the grinder and then temper it? 

So, this was completely dry, and you want to make powdered sugar?

The grinder is a spectra 40 stone grinder, i did not grind the sugar and chocolate in it but only the sugar which was completely clean before using. I normally do not use it for chocolate but only use it to process coconut and nut butters. I processed it for a full day and since it still wasn't fine enough I tried to also use the vitamix but it doesn't hold enough so it had to be done in many smaller batches.

What grinder are you using and did you clean it before adding chocolate and sugar?

I've been trying out batches using organic cane sugar instead of the honey I am used to using.  The first batch was quite gritty so i stone ground the sugar in the second batch overnight, it still seemed a little gritty so I also used a vitamix to process through it and it seemed fine so I used it but still have that gritty texture in the chocolate.

How do you get sugar to a consistency that will be smooth in the final product? 

You don't actually create the classified in this post. You create a separate post.