One exemption to the food code is the home production of "sugar-free" or “no sugar added” jams and jellies. Regular jams and jellies rely on sugar used and the finished pH of the product to prevent harmful bacteria.
The pH scale measures that acidity of food products. Less sugar can potentially allow moisture for harmful bacteria to grow. This means the pH becomes the only barrier to harmful bacterial growth. For example, if a fruit has a pH over 4.0 and artificial sweeteners are added then botulism can become a problem.
Extra steps are needed to ensure the safety of products that rely on acidity to prevent harmful bacteria from posing a problem. The two main steps include the following:
However, the manufacturing process needs to be strictly followed to produce a product that has the same pH as the tested sample. Even a slight change to your recipe will require a re-test.
If a product is made from fruits and contains natural sugars, then the label needs to state "No Sugar Added" since it contains natural sugars from the fruit after processing. Sugar-free or no sugar added jam or jelly needs to have a pH between 4.0 and 4.6 in an inspected or regulated facility.
The pH needs to be tested on each batch with a quality pH meter and a clear record of the results. Sugar-free or no sugar added jam or jelly with a pH over 4.6 isn't allow to be produced in a home kitchen under any circumstances. These products are deemed low acid food, and the manufacturer needs to attend a Better Process Control School and have the product evaluated by an authority in accordance with federal law.
Jams or jellies made with juices also require testing. If the pH is under 4.0, then the pH is deemed the primary control point, and the producer can continue. If the pH is over 4.0, then water activity becomes the main control point, and the water activity needs to be tested in a laboratory.
If the water activity is below 0.80, the jam or jelly can be made under the food code exemption in most states. The recipe and process cannot be changed, or the pH and water activity measurements are no longer valid and require retesting. If the water activity is between 0.80 and 0.85, then the product needs to be made in a regulated facility and the water activity closely monitored. Any product that has a water activity over 0.85 is considered a low acid or acidified food, which is not allowed to be made in a home kitchen. To make these products, you would need to attend a Better Process Control School and have the product tested by a process authority.
Now that you have all the paperwork figured out, you're ready to start selling your homemade food. With all of the legal paperwork in place, you are going to have lots more places to sell your food.