Merced County Health Permit Requirements and Programs Relevant to Agritourism Vicki Jones, MPA, REHS Supervising Environmental Health Specialist Merced County Department of Public Health, Division of Environmental Health December 3, 2012
Role of Environmental Health Provide consumer protection, preventing foodborne illness and injury Encourage compliance through education Enforce environmental laws, ordinances, statutes, and regulations Create and maintain a sustainable and healthy environment Collaborate with Federal, State and local agencies to preserve and improve the health and well being of Merced County residents and visitors
Raw Whole Produce or Shell Eggs Premises Controlled by Producer No Health Permit needed Premises operated by a producer selling whole produce grown by the producer, or shell eggs, or both, provided the sales are conducted on premises controlled by the producer (CA H&S Section 113789(c)(6)) Field Retail Stand Raw whole produce only not processed or cut, and not cut for sampling Shell eggs may be stored without refrigeration if all conditions are met under CA H&S Section 114373.
Wine Tasting No Health Permit needed if all of the following conditions are met: Premises are set aside for wine tasting, as that term is used in Section 23356.1 of the Business and Professions Code and in the regulations adopted pursuant to that section regardless whether there is a charge for the wine tasting. There is compliance with CA H&S Section 118375. No other beverage, except for bottles of wine and prepackaged non-potentially hazardous beverages, are offered for sale for onsite consumption. No food, except for crackers, may be served.
Beer Tasting No Health Permit needed if all of the following conditions are met: Premises are set aside by a beer manufacturer, as defined in Section 25000.2 of the Business and Professions Code, for the purposes of beer tasting, regardless of whether there is a charge for the beer tasting. There is compliance with CA H&S Section 118375. No other beverage, except for beer and prepackaged nonpotentially hazardous beverages, are offered for sale for onsite consumption. No food, except for crackers or pretzels, may be served.
Small Amount of Prepackaged Nonperishable Food No Health Permit needed if a permanent food facility has a food display area of 25 square feet or less of prepackaged non-potentially hazardous (non-perishable) food No current limit to food storage space Must comply with CA H&S Section 114289
Community Supported Agriculture (CSA) No Health Permit needed if produce or shell eggs are produced on premises under the control of a producer who also has control of the premises where the produce or shell eggs are sold Food items that are obtained from other producers and delivered to customers as a part of the CSA require a Mobile Food Facility Health Permit; the other producer must be considered an approved source for the food items grown or processed. Guidance documents are currently being drafted for future regulatory requirements.
Mobile Food Facilities Health Permit required annual renewal and inspection Includes vehicles, carts, push carts, bicycles, etc. Fewer requirements for mobile food facilities that only sell prepackaged non-potentially hazardous food items and raw whole produce; an approved commissary may be required. Commercial-grade refrigerator or freezer required for prepackaged potentially-hazardous (perishable) food items Unpackaged food carts have additional requirements. A Food Handler Card training course may be required for each food handler if there is open-food handling or handling of potentially hazardous food. A Food Safety Manager Certificate training course is required for Mobile Food Preparation Units (MFPU) one person per MFPU (e.g., taco trucks).
Cottage Food Operations Cottage Food Law / California Homemade Food Act (AB 1616) approved by Governor September 21, 2012, and effective January 1, 2013 CA H&S commencing with Section 109947 Allows low-risk food products to be prepared or packaged at a private home kitchen and provided to the public for human consumption Class A (Direct Sales) Registration required (annual renewal); no initial or routine inspections Class B (Direct and Indirect Sales) Health Permit required (annual renewal); initial and annual routine inspections View FAQs and law text at the following web page: www.co.merced.ca.us/eh.
Farm Stands Health Permit required annual renewal and inspection (CA H&S Section 114375) Similar to Field Retail Stand, but would allow additional operations: Food samples may be provided if following CA H&S Section 114371(b), but no other food preparation allowed. Food sales of non-potentially hazardous prepackaged food products from an approved source that were grown or produced in close proximity to the farm stand and in a manner consistent with the intent of Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code Food sales of any non-potentially hazardous prepackaged food products, including bottled water and soft drinks, from an approved source that has not been grown or produced in close proximity to the farm stand shall be limited to a 50-square-foot storage and sales area.
Farm Stands (cont d) Toilet and handwashing facilities shall be provided as described by CA H&S Chapter 11 of Part 6 (commencing with Section 113310). No live animals, birds or fowl allowed within 20 feet of any area where food is stored or sold (Guide dogs allowed per Section 54.1 of the Civil Code). All garbage and refuse shall be stored and disposed of in an appropriate manner. All prepackaged processed food products shall meet the applicable requirements provided in CA H&S Section 113980 and be stored in an approved vermin proof area or container when the farm stand facility is closed. No floors, walls, or ceiling required Food Safety Certificate Manager training course (one person per facility)
Restricted Food Service Facilities Health Permit required annual renewal and inspection (CA H&S Section 113893) May require plan review; there are some construction requirements and equipment standards. Food Safety Certificate Manager training course (one person per facility) Bed and Breakfast Food facility with 20 guestrooms or less May only serve food to registered guests Food service is restricted to breakfast or similar early morning meal, and light foods or snacks. Price of food must be included in overnight accommodation
Restricted Food Service Facilities (cont d) Agricultural Homestay Food facility with six or fewer guestrooms and is restricted to a maximum of 15 guests Located on, and is a part of, a farm, as defined in Section 52262 of the Food and Agricultural Code, that produces agricultural products as its primary source of income Lodging and meals are incidental to, and not the primary function of, the Agricultural Homestay. May serve meals and light snacks to registered guests at any time Price of food must be included in the price of overnight accommodation
Restricted Food Service Facilities (cont d) Meats such as beef, pork and lamb must be processed in approved USDA-inspected facilities. Poultry such as chicken, turkey, geese, quail, squab, and duck must be slaughtered in a USDA or CDFA-approved facility. Guests may be served fish the guest had properly acquired by way of sports fishing in accordance with CA Dept. of Fish and Game regulations if from approved waters and considered safe, and held at proper temperatures.
Produce Stands Health Permit required annual renewal and inspection Permanent food facility that sells, offers for sale, or gives away only produce or shell eggs, or both not required to be on premises where the food is produced Food preparation, sampling and prepackaged foods are prohibited. Requires floors, walls and ceiling permanently constructed structure; may require plan review Approved toilet and handwashing facilities are required within the facility. All wastewater must be properly disposed into an approved septic or sewer system.
Community Events Community Events, also referred to as Temporary Food Events; these events are separate from a Certified Farmer s Market (CFM) and often operate adjacent to CFMs or for other public occasions (e.g., fairs, circuses, festivals, etc.). A Health Permit is required for each organizer and each temporary food booth vendor in order to participate at a Community Event (CA H&S commencing with Section 114332). One exemption: a Health Permit is not required if the organizer holds a 501(c)3 status and a for-profit entity gives or sells food at an event, that occurs not more than three days in a 90-day period, for the benefit of the non-profit entity and receives no monetary benefit other than recognition from the event.
Community Events (cont d) To avoid late fees, the organizer of an event must submit all applications (organizer and vendor applications) and payments to this division two weeks prior to the event. One-time Temporary Food Event Permits or Annual Temporary Food Event Permits are available. Applications and guidelines are available at the following web page: http://www.co.merced.ca.us/index.aspx?nid=1636.
All Other Food Facilities Other food facilities (e.g., retail markets, restaurants, hotels/motels, etc.) that provide food to the public require annual permitting, and may be subject to, but not limited to, the following (CA H&S commencing with Section 113700): Plan review; see Plan Check Construction Guidelines for Food Facilities at the following web page: http://camercedcounty.civicplus.com/index.aspx?nid=1877&art=4871& ADMIN=1. Construction and equipment requirements Potable water supply permitting and applicable requirements for wells Approved toilet and handwashing facilities
All Other Food Facilities (cont d) Initial and annual inspections Approved septic or sewer system (including grease interceptor) Food Safety Certificate Manager training course (one person per facility) Food Handler Card training course for each food handler (some exemptions apply)
Water System Requirements A potable water supply is required for all permitted food facilities and all Cottage Food Operations (CA H&S Section 114189). At a minimum, water must be sampled at the wellhead for total and fecal coliform (quarterly), nitrate (annually) and nitrite (every three years). The well must be in good condition and constructed to State and local standards. If a water system is associated with a business not defined as a food facility, public water system construction, sampling, and maintenance requirements may apply based on type of use, number of people served, and number of connections.
Swimming Pools and Spas Swimming pools and spas, and other recreational health facilities (e.g., water park, spray ground) used by the public require permitting and annual inspections by this division. California Code of Regulations, Titles 22 and 24, regulate construction, remodel, equipment, maintenance, and sanitation requirements of pools and spas, and auxiliary structures (e.g., shower, toilet, and dressing facilities), used by the public. Plans shall be submitted for approval of proposed replastering, remodel, or new construction prior to the commencement of work.
Other Agencies Contact the following agencies to determine if additional review, plans, or permits are required: Local Planning Department (land use, zoning) Economic Development or Finance Department (business license) Ag Commissioner (crop evaluation, fertilizer application) Weights & Measures (scale certification) Local Building Department (structures, plumbing, electrical) Local Fire Marshal California Department of Public Health, Food and Drug Branch (commercial wholesale operations) California Department of Alcohol Beverage Control (ABC license) U.S. Food and Drug Administration may need to be contacted regarding out-of-state sales (including Internet sales/shipments).
Requirements for Food All food shall be maintained, produced, prepared, compounded, packed, stored, transported, kept for sale, and served so as to be pure and free from adulteration and spoilage; shall have been obtained from approved sources; shall be protected from dirt, vermin, unnecessary handling, droplet contamination, overhead leakage, or other environmental sources of contamination; shall otherwise be fully fit for human consumption; and shall conform to the applicable provisions of the Sherman Food, Drug, and Cosmetic Law (CA H&S Part 5 commencing with Section 109875).
CA Health & Safety Code Definitions Approved Source a food source allowed under Article 3 (commencing with CA H&S Section 114021), or a producer, manufacturer, distributor, or food facility that is acceptable to the enforcement agency based on a determination of conformity with applicable laws, or, in the absence of applicable laws, with current public health principles and practices, and generally recognized industry standards that protect public health California Retail Food Code California Health and Safety Code (CA H&S) Sections 113700-114437
Definitions (cont d) Certified Farmer s Market a location that is certified by the State of California through the enforcement officers of the county agricultural commissioners and operated pursuant to Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and regulations adopted pursuant to that chapter Commissary a food facility that services Mobile Food Facilities by allowing supplies and food to be stored, food to be prepared, wastes to be disposed, and utensils to be cleaned Community Event an event that is of civic, political, public, or educational in nature, including state and county fairs, city festivals, circuses, and other public gathering events approved by the local enforcement agency
Definitions (cont d) Egg the shell egg of an avian species that includes chicken, duck, goose, guinea, quail, ratite, or turkey, except a balut and an egg product. Egg does not include the egg of a reptile species, including an alligator. Enforcement Agency Merced County Department of Public Health, Division of Environmental Health Farm Stands a food facility and are premises, established in accordance with local ordinances and land use codes, defined under and operated pursuant to Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and regulations adopted and enforced pursuant to that chapter, operating within the requirements set forth in CA H&S Sections 113789 and 114375
Definitions (cont d) Food a raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, and chewing gum Food Preparation packaging, processing, assembling, portioning, or any operation that changes the form, flavor, or consistency of food, but does not include trimming of produce Mobile Food Facility any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail
Definitions (cont d) Premises means (a) the food facility, its contents, and the contiguous land or property and its facilities and contents that are under the control of the permit holder or (b) the food facility, its contents, and the land or property not described in subdivision (a) if the facility and contents are under the control of the permit holder and may impact food facility personnel, facilities, or operations Produce any whole edible portion of a plant in its raw and natural state Produce Stand a permanent food facility that sells, offers for sale, or gives away only produce or shell eggs, or both, except that a produce stand does not include premises operated by a producer selling or offering for sale only whole produce grown by the producer, or shell eggs, or both, provided that the sales are conducted on premises controlled by the producer
Definitions (cont d) Producer a person or entity who produces shell eggs or edible plants by practice of the agricultural arts upon land that the person or entity controls Restricted Food Service Facility A food facility of 20 guestrooms or less that provides overnight transient occupancy accommodations, that serves food only to its registered guests, that serves only a breakfast or similar early morning meal and no other meals, may serve light foods or snacks presented to the guest for self-service, and that includes the price of food in the price of the overnight transient occupancy accommodation (e.g., bed & breakfast)
Definitions (cont d) Restricted Food Service Facility (cont d) An agricultural homestay facility meets all of the following requirements: Has not more than six guest rooms or accommodates not more than 15 guests Provides overnight transient accommodations Serves food only to its registered guests and serves meals at any time, and includes the price of food in the price of the overnight transient occupancy accommodations Lodging and meals are incidental and not the primary function of the agricultural homestay facility. The agricultural homestay facility is located on, and is a part of, a farm, as defined in Section 52262 of the Food and Agricultural Code, that produces agricultural products as its primary source of income.
Contact Information Merced County Environmental Health Main Office (209) 381-1100 Web page located at: www.co.merced.ca.us/eh for current fee schedule and additional information Vicki Jones, Supervising Environmental Health Specialist (209) 381-1087 or vjones@co.merced.ca.us Brent Cronk, Environmental Health Specialist III (209) 381-1095 or bcronk@co.merced.ca.us Shannon Warkentin, Environmental Health Specialist III (209) 381-1082 or swarkentin@co.merced.ca.us