ODA and ODH issue opinion for keeping products cold at farmers’ markets

The Retail Food Safety Advisory Council recommended during their meeting on February 23, 2010 that the Director of Agriculture and the Director of Health issue the attached “Letter of Opinion 2010-01”. This Letter of Opinion serves to clarify OAC 3717-1-04.1(KK) in regards to “Cold Holding at Farmers’ Markets and At Temporary and Some Mobile Facilities.”

Unless rules are adopted under Ohio Revised Code Chapter 3717 that override the interpretation expressed in “Letter of Opinion 2010-01”, this interpretation shall be binding and applied uniformly throughout this state.

– Charles Kirchner, Food Saftey, Ohio Dept. of Agriculture

The ODA will be conducting training sessions on this interpretation, on cottage food rules, and labeling later this spring.

In layman’s terms, the letter tells the local health departments that it is acceptable for them to approve mobile retail food establishment licenses that include the use of coolers and ice to keep “sealed” foods cold. Sealed foods are those that are water impermeable such as commercially sealed packages of meat and cheese. When mechanical refrigeration is required for other items, such as eggs or cream pies, it clarifies that any refrigerators or freezers used need not be certified by a testing agency. In other words, the equipment need not be “commercial” grade. An accurate thermometer is needed to assure that temperature is maintained. The letter also confirms that a license issued in one county is to be honored throughout Ohio.

Read the Refrigeration Letter of Opinion 2010-01

Reminder: Non-mechanical refrigeration for Farmers Markets

Final reminder 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 for farmers markets and other temporary locations.
Please read the background details in our Action Alert.

Letters to support the use of non-mechanical refrigeration need to flow to Director Boggs at ODA and to Dr. Jackson at ODH.
The hearing is Feb. 23, so you may need to email, fax or deliver your last minute letters to their offices in person by Monday.

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

Ohio Dept. Of Agriculture Administration Ph:(614) 466-2732 fax: (614) 466-6124
(email administration@agri.ohio.gov)

Director Alvin D. Jackson, M.D.
Ohio Department of Health
246 N. High Street
P.O. Box 118
Columbus, Ohio 43215
DIRECTOR OF HEALTH, Alvin D. Jackson M.D…. Ph: 614-466-2253

(email: Director@odh.ohio.gov)

Full information at:

http://fmmn.org/2010/02/08/action-alert-non-mechanical-refrigeration-farmers-markets/

Free GAP Training for Farmers Market Sellers

Farmers Market Quality Assurance Workshop

With the increased interest by consumers for safe and wholesome locally produced foods, the number of farmers markets and marketers continues to rise. At the same time, consumers are seeking assurance the produce and baked goods they purchase have been handled in a way that assures the highest level of regard for the consumers health and well being.

Contamination of fruits and vegetables can spread quickly, and washing the produce does not totally eliminate potentially harmful microorganisms. In the right environment, bacteria replicate every 20 minutes and some types, such as E.coli O157:H7, cause serious illness with as few as 10 cells. The number of foodborne illness outbreaks associated with fresh produce has doubled in the last 30 years and the responsibility of assuring the public they are providing a safe food supply rests with the growers.

Farmers Market Quality Assurance, or GAP (Good Agricultural Practice) training as some call it, is a workshop for growers which simply brings to light concerns that have the potential to compromise the safety of food as it’s grown or produced at home on the farm and then offered to the consumer in a farmers market environment. The Fairfield County office of Ohio State University Extension will host such a workshop on March 18, beginning at 6:30 p.m. in the Fairfield County Ag Center in Lancaster.

Featured speaker Troy Cooper, OSU Extension Horticulture Educator in Knox County, will help participants explore a variety of common concerns and precautions as they grow and market produce, plants, meat and baked goods directly to the consumer. Those who complete this 2 hour workshop will receive a certificate of Farm Market Quality Assurance/GAP Training.

To register for this free workshop, complete the on-line registration form under this link, or call OSU Extension at 740.653.5419.

Workshop for Market Gardeners – SW Ohio

TRAFFIC STOPPERS:
Start a conversation at your market table by growing unusual produce
Discussion will focus on fruits and vegetables such as jerusalem artichokes, broccoli raab, garlic scapes, tomatillos, and others that grow well but aren’t commonly seen at area farmers’ markets. Led by Melinda O’Briant and Nancy Ogg of Shady Grove Farm. February 23, 7:00-9:00 pm.

Fee for class is $12. Turner Farm, 7400 Given Rd, Indian Hill 45243. Reservations can be made by calling the farm at 513-561-7400 or emailing them.

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 23^rd. 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

Public Meeting On FDA Produce Safety Rule

March 11, 2010
Public Meeting On FDA Produce Safety Rule. 8;30 AM -5 PM
The Blackwell Inn, 2110 Tuttle Park Place Columbus, OH 43210
614-247-4077
Contact: Caroline Hubbard, 202-687-2976
cch48@georgetown.edu
www.producesafetyproject.org.

TO REGISTER NOW, GO TO: http://www.producesafetyproject.org/discussion_series/register

WHO’S INVITED:
Fruit and vegetable growers, extension educators, food retailers, consultants, produce trade association personnel and other interested stakeholders

WHY:
The Food and Drug Administration is going to establish a nation-wide produce safety standard for the growing, harvesting and packing of fresh fruits and vegetables. Help make certain FDA has all the facts it needs. Come and join a discussion that needs to be informed by your expertise and on-the-ground knowledge

Topics addressed will include:
Compost
Wildlife/Environmental Concerns
Water Quality
Worker Health & Hygiene

Co-sponsored by the National GAPs Program at Cornell University in Rochester, NY, the Food Animal Health Research Program at the Ohio State University in Columbus, OH and the Joint Institute for Food Safety and Applied Nutrition at the University of Maryland, the meetings will encourage a robust discussion on the science of and practical considerations for growing, harvesting and packing of fresh fruits and vegetables.

The FDA has announced its intention to publish a proposed rule by October 2010.

Clermont County Farmers’ Market Workshop Series

Farmers’ Market Workshop Series

Contributed By Kathy Lehr | Clermont County government

If you grow your own vegetables or raise your own livestock, and have ever considered setting up a booth at the local farmers’ market, the Ohio State University (OSU) Extension-Clermont is offering a Farmers’ Market Workshop Series to help you learn all about it! “These workshops will help you understand how things should be prepared and sold at farmers’ markets with an update on rules and regulations for the future,” said OSU Extension-Clermont Agriculture and Natural Resources Program Coordinator Latham Farley. “The programs will help you better connect with buyers, and provides you with a forecast of marketing trends for 2010.”

The first workshop, Food Safety Update, will be held on Tuesday, February 23, from 6:30 p.m. until 8 p.m. at the Clermont County Fairgrounds, located at 1000 Locust Street in Owensville. The class will be taught by Kathleen Cooper, a food safety specialist from the Ohio Department of Agriculture; topics will include cottage foods rules and regulations, meat labeling, and egg labeling.

The second workshop, Direct Marketing, will be held on Wednesday, March 3, 2010, from 6:30 p.m. until 8 p.m. at the Clermont County Fairgrounds; this workshop will be led by Julie Fox, a direct marketing specialist from The OSU South Centers. Topics will include various marketing strategies and trends.

The cost for each workshop is $5 and can be paid at the door; if you do plan to attend, call to make a reservation to ensure enough materials are available. Contact OSU Extension-Clermont at (513) 732-7070 to make a reservation, or e-mail Latham Farley at Farley.142@cfaes.osu.edu.

GAPs Online Produce Safety Course

Do you know any farmers interested in Good Agricultural Practice training opportunities? FMC just received an announcement that the next GAPs Online Produce Safety Course will begin February 10 and will run through March 2, 2010. Each course is limited to 25 people. There will be a $50 fee for taking this course. If the course fills up, Cornell plan to offer the next course February 24, 2010.

Here is a course outline with more information about the course for those who are interested. To register, follow this link to the registration page at www.ecornell.com/gaps, check the Add to Cart Checkbox and click the Add to Cart Button. If you have any questions about the course, please contact Elizabth Bihn at eab38@cornell.edu or at 315 787 2625.

The next section dates will be posted at www.gaps.cornell.edu under Events Calendar.

Course Outline Online GAP training

Grandview Farmers Market Accepting New Vendors

The Grandview Farmers’ Market is seeking vendors for its summer market season. They are particularly looking for cheese, eggs, flowers and a variety of farm and value added products. The market will be on Saturdays on Grandview Avenue. For details contact Kristy Smeltzer at 614-764-7531 or by email kristen.smeltzer@wellsfargoadvisors.com

Ohio Farmers’ Market Conference

March 4-5, 2010 at the Ohio Department of Agriculture in Reynoldsburg

We have partnered with Ohio State University South Centers and the Ohio Department of Agriculture to present Ohio’s first statewide farmers market conference. This two-day conference will cover topics such as direct marketing, insurance and funding.

Farmers’ market managers and vendors are invited to attend to network and share ideas that will improve their market. Members of the Farmers’ Market Management Network will receive a discount on conference registration.

See all Details at: http://ohiofarmersmarkets.osu.edu/conference.htm

Farmers’ Market Management Network

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