Call in number: Pass Code: # Mun Adm

Transcription

1 PA Department of Agriculture: Food Inspection Regulations September 11,2013 Call in number: Pass Code: # Mun Adm 1

2 Please mute your phone *6 To ask questions and open your line *6 This will help all of our friends!

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4 Melissa Vaccaro Program Specialist

5 Subchapter A: Retail Food Facility Safety Act FOR ALL RETAILERS Both Local and PDA ALL will follow the PDA Food Code as the standard for inspection PDA Food Code shall be guided by FDA Food Code Subchapter B: Food Safety Act FOR ALL WHOLESALERS: Packers, manufacturers, processors, distributors, warehouses PDA only

6 Licensed and inspected by either PDA or a local health jurisdiction. There are 156 local health departments, and 10 Act 315 Health Departments (6 county and 4 city) If a local health jurisdiction gives up their authority, then PDA will license and inspect This would include concession stands, fair stands, grocery stores, restaurants or anyone selling food directly to the public.

7 If in PDA area, All RFFs are $82 annually regardless of size or food type PDA Food Code is the standard for inspection Two exemptions to licensing but not inspection: Raw Ag commodities and Pre-packaged non-phf foods. Others given by order of the Secretary

8 If in a local health jurisdiction, All licensing and inspection will be under the local health PDA Food Code will be the standard for inspection Two definite exemptions to licensing but not necessarily inspection are: Raw Ag commodities and Pre-packaged non-phf foods Any other exemptions (may) be issued by order of the local health jurisdiction.

9 One exemptions to the fee On the farm produced Honey (still are inspected) No 50% rule any more All must register $35 dollar fee annually PDA has all jurisdiction over wholesalers, processors and distributors. The Code of Federal Regulations

10 Non-profits ARE NOT exempt from licensing, but may fall under another exemption category. If having more than 3 sales of food to the public in one calendar year must obtain a Retail Food License. 3 or less, *exempt from licensing. *Exempt from licensing if supports recreational activities for youth *Exempt from licensing if only selling non-phf food or beverages Public does not include member only. Must be open to public. If licensed, allows 501.c3 non-profits to accept donated, home prepared, and non-phf food for service with their license meals/sales as long as there is a consumer advisory * PDA Exemption only. Local Health Department may not have the same exemptions.

11 If located in a local health area, local health will license and inspect No definition of a Farmers Market any longer Each vendor must have their own license. Market masters no longer are licensed unless they have their own stands. Exemptions to licensing: (not from inspection) Raw unprocessed Ag commodities Pre-packaged Non-PHF Foods Food Code is the standard for inspection.

12 All Farmers Market Stands with the exception of those with only raw agricultural commodities must be inspected. All food being sold at a farmers market stand must be coming from an approved source (i.e. registered home food processor, registered warehouse, licensed kitchen) Some stands will pay a license fee. Some stands will be exempt from license fees. All pre-packaged non-potentially hazardous foods. Any handling of food (except samples) no exemption. All must meet the standards in the PA Food Code.

13 Food Bank (non-profit) Soup Kitchen (non-profit) RFF that operates no more than 3 days each calendar year School cafeteria Charitable non-profit entity that: Supports extracurricular rec. activity for youth on a not-for-profit basis (not organized camps) OR That sells only foods that are non-phf or beverages RFF in which food or beverage are sold only through vending machines Pre-packaged NON-phf foods only Raw Agriculture Commodities

14 Law required-must exempt from licensing Raw Ag Commodities Pre-packaged Non-phf food only facilities Must do all other exemptions by Order May exempt: food banks(non-profit), soup kitchens( non-profit), RFF 3 days or less per calendar year, school cafeterias, non-profits who have only non-phf foods, non-profits operating for youth recreation, Vending machine only facilities, Religious orders

15 Reporting- Local Health Departments shall provide PDA with a copy of inspection reports within 30 days of the inspection date. Regulation with specifics on this is still pending Allows licensor to establish, by Regulation, licensing periods other then annually if based on risk factors identified by FDA. Inspection must occur before licensing Regulations pending If a local fails to inspect a RFF, PDA shall have authority to license and inspect. PDA Re-inspection fees--$150, $300

16 Under Chapter 57, Subchapter B, Food Safety Act If you want to make food from your home kitchen and sell it to the public, you must be registered and inspected by PDA as a Home Food Processor.

17 Candy Most Cakes Jams and Jelly (with testing) Acidified foods (with testing) Most Baked Goods (possible testing) Repacking of nuts, herbs, dried goods

18 Final product cannot be a PHF (potentially hazardous food) Capable of the support and growth of pathogenic organisms Example: cheese cake, pumpkin pie, some sauces, cut veggies, fruit trays. THESE MAY NOT BE MADE IN HOMES

19 No pet/animals are permitted in the home at any time Children are not permitted in the kitchen during processing Zoning approval must be obtained Water supply must be tested (Coliform/Nitrate/Nitrite) Possible product testing: ph, Aw

20 All ingredients from approved sources Ingredients kept separated from home foods Proper Labeling Nutritional labeling- FDA (most are exempt) Any other Federal, State or Local Requirements Registration with PA Agriculture

21 Locals having programs may maintain them: Chester, Bucks, Philadelphia, Montgomery, Allegheny, State College, and Lansdale Requires CFH to hold a Nationally Recognized Food Protection Manager Certification One CFH per facility. That CFH is the PIC when present in the facility and must be accessible at all times Individual may only be the CFH for one facility (exception: events) Exempt from FEC: Commercially pre-packaged food Selling all Non-PHF Charitable non-profit organizations Processors/wholesalers/ manufacturers/distributors

22 Regulations In our legal department now Next few week, IRRC final hearing If approved, will become effective upon the Governors signature. Basically adopts the current versions of the FDA Food Code

23 Other provisions to be updated Allow food from home food processors that are registered and inspected by PDA Allow for sale of legally permitted milk Allows for donated non-phf to be used by nonprofit organizations, with consumer notification. Longer than one year inspection frequency (12-24 months) for lower risk facilities.

24 It has passed the Senate Agriculture and Rural Affairs Committee and is in Appropriations currently. It is not presently scheduled for any action or vote on the Senate floor. You can track bills at Under the Bill # SB996.

25 Visit our web site at Select Programs in left margin. You can choose whichever program you would like more information on.