Action Alert: Non-mechanical Refrigeration at Ohio Farmers Markets

Members and friends of the Farmers’ Market Management Network, this is the call for letters to support the new “letter of opinion” released to us JOINTLY from the ODA and Health Department.  Chuck Kirchner has been an advocate for common sense and apparently he and Doctor Jackson are pushing for the clarification of refrigeration that you will find in the e-mails below.  Now the letters to support the use of non-mechanical refrigeration need to flow to Director Boggs at ODA and to Dr. Jackson at ODH, the addresses are below.  Angel and Doug Daniels sent wonderful letters to Director Boggs, please send a copy to Dr. Jackson.  The hearing is Feb. 23 so please be quick.  Many thanks and anxious to hear from you with questions.

Bart Henshaw

FMMN Food Safety Committee

From: Kirchner, Chuck
Sent: Monday, February 08, 2010 7:29 AM
To: John Henshaw
Subject: RE: refrigeration

Bart:  I’m glad we are pushing towards the same goal of uniformity at the local level.  Letters of support written to both Director Boggs and Director Jackson who jointly chair the Council meeting might assist in our efforts.

Chuck

Director Robert J. Boggs
Ohio Department of Agriculture
8995 E. Main Street
Reynoldsburg, Ohio 43068

Director Alvin D. Jackson, M.D.
Ohio Department of Health
246 N. High Street
P.O. Box 118
Columbus, Ohio 43215

From: John Henshaw
Sent: Saturday, February 06, 2010 11:10 PM
To: Kirchner, Chuck
Subject: RE: refrigeration

Chuck, You know this JOINT letter made my day.  We really appreciate your work with the Health Dept. to create this.  If this wording holds then there should be less confusion at the local Health Department level about Farmers’ Market vendors using coolers.  I know that I can’t hold my breath until Feb. 23, is there anything that we should know or letters of support to write to the Retail Food Safety Advisory Council? Thanks again. Bart

From: Kirchner, Chuck
Sent: Friday, February 05, 2010 10:22 AM
To: John Henshaw
Cc: Lipstreu, Amalie; Gerhardt, Terri; FoodSafety
Subject: RE: refrigeration

Dear Bart:  F.Y.I.  A joint “letter of opinion” from the Ohio Department of Agriculture and the Ohio Department of Health has been drafted and will be presented to the Retail Food Safety Advisory Council on February 23rd.  Listed below is a summary of that letter:

Cold Holding at Farmer’s Markets and at Other Non-Permanent Facilities.

This letter of opinion by the Ohio Department of Agriculture and the Ohio

Department of Health is to provide clarification to OAC 3717-1-04.1 (KK) which states:

Food equipment – certification and classification

(1)    Except as provided in paragraph (KK)(2) of this rule, food equipment

That is acceptable for use in a food service operation or retail food

establishment shall be approved by a recognized food equipment

testing agency.

(2)    The Ohio department of agriculture, the Ohio department of health, or

The licensor may approve the use of food equipment, other than

vending machines and bulk water machines, that have not been

approved by a recognized testing agency if the equipment

demonstrates compliance with this chapter.

We believe it is appropriate to allow refrigeration equipment which has not been

approved by a recognized testing agency, and non-mechanical refrigeration (i.e. ice)

to cold hold some TCS (time/temperature control for safety) foods at time limited events,

such as farmers markets.  Some examples of products that could be stored in ice are

watertight, leak-proof beverage containers and unopened impermeable commercially

packaged cheese and meats.  When using mechanical refrigeration, which has not been

approved by a recognized testing agency, for items such as cream pies and shell eggs,

accurate thermometers are needed in each unit to assure the required temperature is

maintained.

Also, The Ohio Revised Code in Sections 3717.23 (B) and 3717.43 (B) requires that a

mobile retail food establishment license or a mobile food service operation license

issued by one licensor shall be recognized by all other licensors in Ohio.

I will keep you advised of the outcome of that meeting.

Sincerely,

Chuck

From: John Henshaw
Sent: Friday, February 05, 2010 8:44 AM
To: Kirchner, Chuck
Subject: refrigeration

Chuck, In my last communication with you in December you indicated that a position on refrigeration might be forthcoming by the end of January but that it would go before the JACARR hearing in February.  Our members, as you know are prepared to provide testimony and evidence that non-mechanical refrigeration is as appropriate, maybe more, than mechanical refrigeration for Market use.  What is the status of this issue and what is the best way for our voices to be heard?  You have received at least two letters from members and there are many more waiting.  Thank you for your attention.

Bart Henshaw

Farmers Market Management Network

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