Thinking About a Food Business? Regulatory Overview

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Thinking About a Food Business? Regulatory Overview Alameda County Department of Environmental Health Cynthia Bartus, REHS Ron Torres, REHS

Objectives Define the role of Environmental Health Define a Retail Food Facility vs Manufacturing Requirements for obtaining food permits and/or registrations Describe various food permit categories Provide contact information/resources for plan submittals and permit applications

What is the Department of Environmental Health (DEH) and what role do they play? Provides regulatory oversight to ensure that food being sold (or prepared) for public consumption is safe. Enforce State-wide laws and regulations (the California Retail Food Code) at all retail food facilities, including restaurants, markets, mobile vehicles, temporary events) Issues permits to allow food vendors (and smallscale manufacturers, aka Cottage Foods) to sell food in Alameda County

Key Points A food facility permit is required in addition to a business license and/or a conditional use permit A permit gives the right of entry to DEH to inspect a permitted (or suspected) food facility at any time during operation

California Retail Food Code (aka Cal Code ) California Health and Safety Code Section 113789 gives Local Environmental Health Departments the authority to regulate retail food operations. Copy of the California Retail Food Code is available on our website: www.acgov.org/aceh/

What is a Food Facility? A Food Facility is defined by the California Retail Food Code as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. This is different than a wholesale food manufacturing operation which requires State or Federal licensing.

Permit Types Retail-Fixed Retail-Mobile Truck or Cart Retail-Temporary-Fairs & Festivals Retail-Certified Farmer s Market Retail-Cottage Food Operation

Retail Permit Categories Food Markets Permit categories are based on size or type of market Limited Food Market Food market Pre-packaged, nonperishable foods only Allows for perishable food items, and depending on equipment installed, may allow for some open food handling i.e. sampling **Some markets will require the installation of mop sinks, hand wash sinks, 3-compartment utensil wash sinks, food preparation sinks, food handler/food manager certification, etc.

Retail Permit Categories Fixed (Brick & Mortar) Permit categories based on number of dining seats or operation type Restaurants/Take Out Catering Kitchen/Commissary Regular, on-going operating hours Used intermittently for events by in-house or contracted caterers **All fixed facilities require the installation of mop sinks, hand wash sinks, 3-compartment utensil wash sinks, food preparation sinks, restrooms, food handler/food manager certification, etc.

Basic Requirements for a Retail Food Permit: Potable water source Approved sewage disposal Plan submittal with plan check fees Annual fees Routine inspections

Equipment Requirements Equipment is driven by the menu All equipment must be NSF/ANSI Cooking equipment requires mechanical exhaust ventilation Each sink has a purpose Garbage/recycling/composting area Cleanable finishes on all surfaces Vermin-proofing

Grease Interceptors Usually the local Building Department or Sanitary Sewer District has jurisdiction, and should be contacted for their requirements. Maintenance and/or cleaning records should be retained and available for inspection Important note: Grease interceptor waste is considered a Hazardous Waste and should be handled by licensed waste hauler

Catering Caterer must be a permit-holder, or be registered with Alameda County DEH Requires the facility (e.g. restaurant, catering kitchen/commissary) to be permitted by DEH If catering private events, then all food preparation must be done in a permitted, commercial kitchen

Catering (con t) Private Events are those events with specifically invited guests attending. They are not open to the public. Examples: Weddings Bridal or Baby Showers Birthday Parties Reunions/Anniversaries

Instances when a permit may not be required Chef for Hire All food preparation and cooking must be done at the private home: at the time of the event no prior preparation and/or storage Example: Private dinner party where there is no money being exchanged between the guests and the chef and/or host

Retail Permit Categories Cottage Food Operation Registration for CFO Class A direct sales Permit for CFO Class B direct and indirect sales

Cottage Food Operations (CFO) Private home kitchens Only certain food items (cookies, breads, cakes, candy, jam, candied/caramel apples) Law is VERY specific; does not allow deviation No shipping! Direct delivery only Class B can sell to Retail Food Facilities

State/Federal Permit Types (Wholesale Packaging/Manufacturing) California Department of Public Health- Food and Drug Branch California Department of Food and Agriculture: Meat-drying, curing; ice cream/yogurt; cheese, etc. United States Department of Agriculturemeat processing

State Permit Types (con t) Processed Food Registration (PFR) Work from (permitted) Commercial Kitchen or Commissary Facility Note: All permitted Commissary Kitchens are Commercial Kitchens; Commercial Kitchen Rental OK Google: California Food and Drug Branch

Processed Food Registration PFR The application form is on-line The inspector will inspect the facility and your process Food labels will be reviewed to CDPH-State standards This is considered Wholesale Manufacturing Product sold to Retail Food Facilities

Processed Food Registration State Website

Temporary Events (food booths at fairs, street festivals, etc.) Each food booth requires a Temporary Food Facility permit (TFF applications are available on the DEH website) May require temporary event Sponsor permit in addition to individual booth permits Alameda County permitted food trucks and food carts are allowed and do not require TFF permits May require portable restroom and hand wash facilities

All Mobile Food Facilities require permits and inspection Trucks and carts must use an approved commissary Commissaries are permitted by DEH Commissary activities include food preparation, food storage, cleaning and disposal of wastewater/garbage

FOOD SAFETY All Brick and Mortar Operations, Mobile Food Operators and Registered Caterers must have a Food-Safety Certified person on-duty at all times Temp Event Operators no legal requirement for certification, except Demonstration of Knowledge Note: Alameda County issues a quiz is prior to issuance of temp event permit

Who Gets Foodborne Illness? Protect the most vulnerable: The very young-under 5 The elderly Anyone who has chronic illness (Hep C, cirrhosis, diabetes, auto-immune, Anyone undergoing cancer treatment P.S. we can all get FBI

So what can you expect during a routine inspection? Inspector usually arrives unannounced All permitted facilities must allow inspector(s) full access to their facility during operation Personal Hygiene Facility Sanitation

What to expect during a Routine Inspection (con t) Measurement of food temperatures (hot and cold) Questions about the food preparation, food handling, cooking Proper, valid permit(s) Food Safety Certifications/Food Handler Cards

Contact Health Department Before change of ownerships Before selling/giving away food Before building or remodeling For plan submittal information To enroll in a Food Safety Class To find an approved Food Handler Training provider To obtain a consultation @ $174/hr.

Contact Information Alameda County Department of Environmental Health 1131 Harbor Bay Parkway Alameda, CA 94502 http://www.acgov.org/aceh/ For fixed food facilities, plan submittals and general questions: (510) 567-6700 For temporary event sponsor permits, temporary food booth permits, and food truck events: (510) 567-6724

Website References/Resources Plan Check Documents

Website References/Resources Temporary Food Permits

Questions??? Pop-ups Cannabis and Cannabis-related products as a Food Additive Using a permitted kitchen during non-business hours

Questions (con t) Example: I want to make Empinadas to sell Permitted Brick and Mortar facility Temporary Food Facility/Temp Event Mobile Food Wholesale manufacturing would require Processed Food Registration Note: method of sale determines type of permit required